European and Asian Law Review

ATYPICAL WORK RELATIONSHIPS: A COMPARATIVE ANALYSIS AS EXEMPLIFIED BY EAEU MEMBER STATES

Shuraleva, S. V.

Статья

The paper is dedicated to the issues of the correlation between typical and atypical work legal relationships, the problem of classification of atypical work legal relationships based on the modification of personal, property, and organizational criteria. Based on an analysis of EAEU member states’ legislations on certain kinds of atypical work legal relationships, the author comes to a conclusion about expanding fixed-term work legal relationships in combination with the elements of age discrimination that constitutes a negative trend and does not enable improvement in the quality of work-life for employees. After the COVID-19 pandemic, the demand for various kinds of remote work will grow. It is not implausible that in due time, the execution of work functions in a hybrid format (some working hours remotely and some – in the office) will become an element of typical work legal relationships. Although the regulation of atypical work legal relationships in EAEU member states differs (sometimes significantly), the establishment of common economic space, common markets, including a labor market, mutual influence of legal systems on each other, striving to take the experience of neighbors into account and other circumstances will lead to the gradual harmonization of the legal space in the field of work and other relationships directly connected to them.

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INFLUENCE OF STATE POLICY ON THE DEVELOPMENT OF LABOR LEGISLATION IN THE CONTEXT OF GLOBAL DIGITALIZATION

Serova, A. V.

Статья

When it comes to the development of society, digitalization appears to be one of its megatrends. Both on international and national levels, program acts are adopted toestablish strategic areas of state policy, their principles, goals, objectives, and indicators. The world of work is also subject to digital transformation. That is why it becomes relevant to study the influence of state policy in the field of building an information society and digital economy development on the modernization of labor legislation. Three EAEU member states have been included in the subject of research: Russia, Belarus, and Kazakhstan. The methodology of work is based on a general scientific dialectical method of objective reality recognition. When conducting the research, general scientific logic techniques (analysis, synthesis, induction, deduction, the method of rising from the abstract to the concrete, etc.) and specific scientific methods of cognition (a legalistic approach, a legal historical method, and a comparative-legal analysis) were used. A special feature of the work’s methodology is the use of a political and legal approach. As a result of the conducted research, the following results have been obtained: on the number of amendments introduced into legislations of Russia, Belarus, and Kazakhstan over the years; on the total number of amended articles and new articles and chapters labor codes were supplemented with; on the political decisions made regarding the digitalization of labor, and on the content of legislative innovations. It has been established that each of the studied state pursues the state policy aimed at developing a digital economy and that during the researched period, some changes associated with regulating the use of digital technologies by addressees of labor law had occurred. However, the extents of state policy influence on improving labor legislation are different in these countries, just as their paths to modernization are unique. However, two areas of labor legislation digital transformation have been identified in all three countries. One of them is associated with remote work regulation, and the other – with regulating the electronic document flow in work relationships. In respect thereof, other promising areas for developing state policy and labor law in the context of global digitalization have been proposed: regulating the labor of platform workers, improving the system of rights guarantees for employees and employers in the field of employee training, protecting employees’ rights for personal privacy during their working activity, and regulating the use of the artificial intelligence system.

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FUNCTIONS OF LEGAL POSITIONS OF SUPREME FEDERAL COURTS IN LABOR LAW

Koval, V. P.

Статья

Legal positions of supreme federal courts in the Russian Federation have a direct effect on the labor legislation, law enforcement practices, as well as the subject and method of labor law. Certain forms of this influence have not been studied by the science of labor law until recently that results in unlocked theoretical and practical potential for judicial legal positions on labor disputes. To discover the influence of these legal positions on the industry in general, their main functions shall be identified. Through philosophical, general-theoretical and special juridical analysis of academic literature, labor legislation, law enforcement practices, and international legal acts the attributes of the functions of legal positions of supreme federal courts have been identified, the relevant definition has been articulated, the structure of functions has been shown, and specific types of these functions have been discovered. The theoretical structures worked out during the research can be applied in practice as well. On the national level – to solve the problems of platform employment, to ensure a balance in unity and differentiation in labor law, and to improve the mechanism for social partnership. On the international level – for the Eurasian Economic Union member states to solve the problems associated with human resources mobility, protection of working migrants, social partnership, introduction of international labor standards.

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FEATURES OF THE LEGAL REGULATION OF LABOR MIGRATION IN THE CIS STATES AT THE PRESENT STAGE OF SOCIAL DEVELOPMENT

Mahmadullozodà, N. R.

Статья

The article discusses the legal framework for regulating labor migration in the Commonwealth of independent states (hereinafter referred to as the CIS). Particular attention is paid to the definition of ‘labor migration’ in the legal literature, international legislative documents and agreements about labor migration within the CIS. The author analyzes the UN Convention ‘On the Protection of the Rights of All Migrant Workers and Members of Their Families’, the ILO Migration for Employment Convention No. 97 (Revised), 1949, and the Agreement between the CIS states ‘On the protection of labor migrants and members of their families’, as well as individual intergovernmental agreements between the CIS states, some legislative acts of the CIS states. He defines the essence and features of the legal regulation of labor migration in the CIS states at the present stage of social development. At the conclusion the author presents his opinion regarding the definition of the term ‘labor migration’ and the ways of legal regulation of labor migration within the CIS.

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TRANSFORMATION OF PUBLIC AUTHORITIES – A WAY TO IMPROVE THEIR EFFICACIOUS PERFORMANCE

Tsaliev, A.M.

Статья

The article reveals the relevance of the research topic taking into account the current international situation and the Russian political, legal and socioeconomic reality. The objectives of the research are the need for scientific substantiation of the transformation of public authorities in order to ensure their organizational and legal unity and consistency as a condition for enhancing the effectiveness of their activities. The unfounded and flawed nature of the constitutional norm on the autonomous organization and functioning of state and local authorities is revealed. Proposals are proposed and substantiated on the need to include the principle of responsibility of heads of public authorities among other principles of responsibility. A proposal is made on the need to expand the range of subjects of legislative initiative in order to democratize the legislative process more. Logical, historical, comparative-legal, systemic and functional research methods are used.

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CONSTITUTIONAL FRAMEWORK TRANSFORMATION TO REINFORCE INTERETHNIC ACCORD

Salikov, M. S. & Kalinina, E. G.

Статья

This paper explores constitutional reforms that occurred in Russia and some countries of the Euro-Asian Region aimed at interethnic accord solidification and protection on the way to national unity among other things; it also reveals terminological ambiguity in the field of interethnic relations. The following methods are used: a technical legal method, a systems analysis method, synthesis and test methods are used in the research. The main results of constitutional transformations in the field of interethnic relations are reconsidered in the paper; national and international acts that enable interethnic accord solidification are analyzed; the value of interethnic accord solidification is established; certain legislation defects preventing harmonization of interethnic relations are revealed. The authors state the following results: 1) two approaches to the term ‘interethnic’ have been illustrated; 2) various practices of terminology application have been demonstrated based on regulatory acts and documents; 3) the main results of Russia’s 2020 constitutional reform and constitutional reforms in the field of interethnic relations made in other countries have been provided; 4) the analysis of regulatory enforcement in the field of interethnic accord has been conducted; 5) the role of interethnic accord as a constitutional and universal human value for social and economic development of the state has been explained.

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