Private law constructs in labor legislation
Автор: Vasilyeva Y.V., Drachuk M.A.
Журнал: Ex jure @ex-jure
Рубрика: Частноправовые (цивилистические) науки
Статья в выпуске: 4, 2024 года.
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The present publication aims to analyze the interpenetration of labor and civil law norms in certain mechanisms for regulating sectoral legal relations, while, primarily focusing on private law constructs in labor legislation. Quite common are cases in which it is not enough for the law enforcement officer to rely only on the norms of labor legislation and/or other regulatory legal acts containing labor law norms. Based on the above, despite the provisions of Article 5 of the Labor Code of the Russian Federation, the partial use of regulatory constructs that fall outside the sphere of civil law is advisable only if the priority of protecting labor rights and interests protected by law is observed. The authors consider that certain cases of using private law constructs are permissible, and in some situations, the only correct ones, which also aims to reduce the regulatory burden and ensure uniformity of law enforcement practice.
Labor law, labor relations, private law constructs
Короткий адрес: https://sciup.org/147244931
IDR: 147244931 | DOI: 10.17072/2619-0648-2024-4-26-38