Russian Court Interpretation of Legislative Measuresfor Advanced Training and (or) Professional Training of the Selected Employed Population Aged from 25 to 65 Years

  • Alexander Vasilyevich ZAVGORODNIY Saint Petersburg State University, Saint Petersburg, Russian Federation
  • Ilya Alexandrovich VASILYEV Saint Petersburg State University, Saint Petersburg, Russian Federation
  • Nelli Ivanovna DIVEEVA Saint Petersburg State University, Saint Petersburg, Russian Federation
  • Marina Valentinovna FILIPPOVA Saint Petersburg State University, Saint Petersburg, Russian Federation
  • Mikhail Mikhailovich KHARITONOV Higher School of Economics, Saint Petersburg, Russian Federation


In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.


[1] Allais, S. 2017. Labour Market Outcomes of National Qualifications Frameworks in Six Countries. Journal of Education and Work, 30(5), 457-470.
[2] Elken, M. 2016. ʼEU-on-demandʼ: Developing National Qualifications Frameworks in a Multi-Level Context. European Educational Research Journal, 15(6), 628-643.
[3] Helgøy, I., Homme, A. 2015. Path-Dependent Implementation of the European Qualifications Framework in Education. A Comparison of Norway, Germany and England. Journal of Comparative Policy Analysis: Research and Practice, 17(2), 124-139.
[4] Jenkins, A. 2017. Adult Learning and Qualifications in Britain. Journal of Education and Work, 30(4), 445-455.
[5] Lester, S. 2015. A Vocational Qualifications System Fit for Adults? Revisiting Some Ideas from University to Industry. Higher Education, Skills and Work-based Learning, 5(2), 102-116.
[6] Lokosov, V.V., Toksanbaeva, M.S., Kolennikova, O.A., Guzanova, A.K. 2017. Kadrovyi potentsial organizatsii akademicheskoi nauki: kharakteristiki i sotsialnaya zashchishchennost [Professional Potential of Academic Organizations: Characteristics and Social Security]. Sotsiologicheskieissledovaniya, 3, 70-78.
[7] Masalimova, A.R., Ovchinnikova, I.G., Kurzaeva, L.V., Samarokova, I.V. 2016. Experience of the Development of a Regional Qualification Framework for the System of Vocational Education. International Journal of Environmental and Science Education, 11(6), 979-987.
[8] Mikulec, B. 2017. Impact of the Europeanisation of Education: Qualifications Frameworks in Europe. European Educational Research Journal, 16(4), 455-473.
[9] Morselli, D., Ajello, A. 2016. Assessing the Sense of Initiative and Entrepreneurship in Vocational Students Using the European Qualification Framework. Education and Training, 58(7-8), 797-814.
[10] Redmond, P. 2017. VET Practitioner’s Perceptions of VET Higher-Education Qualifications. International Journal of Training Research, 15(1), 55 70.
[11] Serrano, G., Llamazares, F., Javier Otamendi, F. 2015. Measurement and Sustainability of the Qualifications Frameworks in the European Higher Education Area through an Employment Survey on Access to the Labor Market. Sustainability, 7(10), 13777-13812.
[12] Sethi, A., Schofield, S., Ajjawi, R., McAleer, S. 2016. How do Postgraduate Qualifications in Medical Education Impact on Health Professionals? Medical Teacher, 38(2), 162-167.
[13] Wheelahan, L., Moodie, G. 2017. Vocational Education Qualification Roles in Pathways to Work in Liberal Market Economies. Journal of Vocational Education and Training, 69(1), 10-27.
How to Cite
ZAVGORODNIY, Alexander Vasilyevich et al. Russian Court Interpretation of Legislative Measuresfor Advanced Training and (or) Professional Training of the Selected Employed Population Aged from 25 to 65 Years. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 1, p. 342-351, sep. 2018. ISSN 2068-696X. Available at: <>. Date accessed: 25 feb. 2024. doi: