Peremptory norms of international law and their place in the system of Russian labor legislation
Автор: Adrianovskaya Tatyana Leonidovna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Юридические науки
Статья в выпуске: 8, 2017 года.
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The article deals with the problems of international and national labor law related to the application of jus cogens norms. The author analyzes the concept of “jus cogens”, gives a brief historical review of the origin of this type of norms, and considers the issues of their application in judicial practice in the Russian Federation. Jus cogens norms are viewed as principles with a special status. There are two types of international treaties. The first one requires the publication of domestic acts to come into force. The second one does not require this action and should be applied immediately. It is proposed to differentiate between legal principle and legal standard. The relationship between the concepts of “inadmissibility” and “legal obligation” is associated with legal liability. According to the author, it is appropriate to fix the consolidated list of principles and norms of jus cogens, albeit incomplete, developed by the Constitutional Court of the Russian Federation.
Jus cogens, peremptory norms, vienna convention on the law of treaties, principles of international law, priority of international treaty, international labor law
Короткий адрес: https://sciup.org/14939010
IDR: 14939010 | DOI: 10.24158/tipor.2017.8.13