International Legal Regulation of Labor in the Russian Federation

  • Olga A. BELOZEROVA Institute of Law, Samara State University of Economics, Samara, Russian Federation
  • Ivan F. ALEKSANDROV Institute of Law, Samara State University of Economics, Samara, Russian Federation
  • Natalia V. DELTSOVA Institute of Law, Samara State University of Economics, Samara, Russian Federation
  • Marina K. KOT Institute of Law, Samara State University of Economics, Samara, Russian Federation
  • Svetlana V. STARTSEVA Institute of Law, Samara State University of Economics, Samara, Russian Federation

Abstract

Russia’s entering the global society and acknowledging the international normative acts to be superior to domestic labor law, strengthening of interaction between international and national law, and provision of citizens’ rights for decent conditions of labor – all this proves topicality of the performed research.


The purpose of the work is to determine the value and level of influence of the norms of international law in the labor sphere in the Russian Federation and to analyze correspondence of the Russian labor law to international principles and norms. The methodological basis of the performed research consists of general scientific methods: analysis and synthesis, induction and deduction, systemic and functional approaches, analogy and modeling; rather-legal, formal and logical, and statistical methods. The novelty of the research consists in the fact that the authors study international normative acts, adopted and ratified by Russia, and distinguish the problems of implementation of citizens’ labor rights on the territory of the Russian Federation in the context of international legal acts. Based on the performed scientific analysis, certain conclusions were made, necessary for improvement of the law and law enforcement practice, and the problems that appear due to Russia’s adopting and ratifying international legal acts are determined

References

[1] ‘Constitution of the Russian Federation’, adopted by national vote on December 12, 1993 (with amendments by the Laws of the RF on amendments to the Constitution of the RF dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated February 5, 2014 No. 2-FKZ, dated July 21, 2014 No. 11-FKZ), http://www.pravo.gov.ru, August 1, 2014.
[2] ‘Convention for the Protection of Human Rights and Fundamental Freedoms ETS N 005’ (Rome, 04.11.1950) (with amendaments dated 21.09.1970, 20.12.1971, 01.01.1990, 06.11.1990, and 11.05.1994), Collection of the laws of the RF, 2001,No. 2: 163.
[3] ‘Decent work’. 1999. Report by the Director General. MCL. 87th session. Geneva: IBL: 19.
[4] ‘European Social Charter (reconsidered)’, adopted in Strasbourg, May 3, 1996.
[5] ‘International Covenant on Economic, Social and Cultural Rights’, adopted on December 16, 1996 by the Resolution 2200 (XXI) on the 1496th plenary session. General Declaration of the International Labour Organisation ‘Concerning purposes and tasks of the International Labour Organisation’ (Adopted in Philadelphia on 10.05.1944 at the 26th session of the General Conference of the International Labour Organisation), Constitution of the International Labour Organisation and Standing Orders of the International Labour Conference.- Geneva: International Labour Office, 1992.: 22 - 24.
[6] ‘Labor Code of the Russian Federation’ dated December 30, 2001 No. 197 (edition dated July 1, 2017), Collection of laws of the RF, 07.01.2002, No. 1 (V. 1): 3.
[7] Arkhipov, V.V. 2007. Role of the ILO conventions in the Russian labor law. Modern law, No 3: 79-84.
[8] Avdeenko, G.I. 2007. The European Social Charter and the constitutional and legal problems of implementing social rights of citizens in the Russian Federation: Ph.D. thesis: 12.00.02, М.: 30.
[9] Batusova, Е.S. 2015. Legal regulation of fixed-term labor contracts in Russia and certain foreign countries: Monograph. Ed. by Y.P. Orlovsky, М.: Contract: 132.
[10] Bogatyrenko, Z.S. 2006. The International Labor Organization in the 21st century: new conditions and new perspectives. Labor law, No 4: 31-48.
[11] Bugrov, L.Y. 2007. Regarding the discussion on understanding the international labor law in the Russian and foreign doctrines. Bulletin of Perm University, Legal sciences, Vol. 8(13): 116-121.
[12] Decree of the Plenum of the Supreme Court of the RF dated June 27, 2013, No. 21 ‘On application by the general jurisdiction courts of the European Convention on Human Rights dated November 11, 1950 and the Protocols to it’, Bulletin of the Supreme Court of the Russian Federation, August 2013, No. 8.
[13] Eliseev, А.V. 2013. International cooperation of Russiain the sphere oflabor relations: analysis and perspectives. Discussion, No. 5-6 (35-36): 68-73.
[14] Federal Law dated July 15, 1995 No. 101-FZ (edition dated March 12, 2014) ‘Concerning international agreements of the Russian Federation’, Collection of laws of the RF, 17.07.1995, No. 29: 2757.
[15] Federal Law dated June 3, 2009 No. 101-FZ ‘Concerning ratification of the European Social Charter (reconsidered) dated May 3, 1996’, Collection of laws of the RF, 08.06.2009, No. 23: 2756.
[16] Filipova, I.А. 2015. Role of conventions of the ILO as a source of labor law in Russia and France. Labor law in Russia and abroad, No. 3: 59-61.
[17] Golubenko, Y.А., and Makarevich, М.L. 2017. International cooperation of Russia in the sphere of regulation oflabor relations: problems and perspectives. Innovational economy: perspectives of development and improvement, No 2 (20): 43-48.
[18] Gorshkova, S.А. 2001. What Russia gets from joining the European Social Charter. Academic journal of law, No. 1 (3): 17-24.
[19] International labor standard and Russian labor law: Monograph. 2016. Ed. by S.Y. Golovina and N.L. Lyutova, М.
[20] Kalashnikov, S.V. 2010. Application by Russian courts of the norms of the international law during consideration of labor disputes. Labor law, No 1: 65-70.
[21] Kiselev, I.Y. 1999. Comparative and international labor law: study guide for universities, М.
[22] Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights. 1987. Human Right Quarterly, Vol. 9. No 2: 122-135.
[23] Lushnikova, М.V. 2010. International labor lawand international right for socialprovision: study guide, М.V. Lushnikova, А.М. Lushnikov; Demidov Yaroslavl State University. Yaroslavl: YSU.
[24] Lyutov, N.L. 2013. Effectiveness of the norms ofthe international labor law: Ph.D. thesis: 12.00.05, М.
[25] Machulskaya, Е.Е. 2016. Right for just conditions of labor according to the European Social Charter. Labor law in Russia and abroad, No. 4: 51-54.
[26] Meeting of the Russian trilateral commission for regulation of socio-labor relations dated February 22, 2017. Official web-site of the Government of the RF, http://government.ru/news/26533/.
[27] Morozov, P.Е. 2012. Modern tendencies of development of foreign labor law in the globalizing world: doctoral thesis: 12.00.05, М.
[28] The Decree of the Plenum of the Supreme Court of the RFdated March 17, 2004 No. 2 ‘Concerning application by the courts of the the Russian Federationof the Labor Code of the Russian Federation’, Russian newspaper, December 31, 2006.
[29] The Decree of the Plenum of the Supreme Court of the RFdated October 10, 2003 No. 5’Concerning application by general jurisdiction courts of the generally acknowledged principles and norms of the international law and international treaties of the Russian Federation’, Bulletin of the Supreme Court of the Russian Federation, December 2003, No. 12.
[30] United Nations Universal Declaration on Human Rights, adopted December 10, 1948, Translations: ‘from Abkhaz to Zulu’.
[31] Web-site of the Interparliamentary Assembly of the Eurasian Economic Community. [E-source]. URL: http://www.ipaeurasec.org.
Published
2018-12-20
How to Cite
BELOZEROVA, Olga A. et al. International Legal Regulation of Labor in the Russian Federation. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 3(33), p. 905-911, dec. 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2530>. Date accessed: 28 mar. 2024. doi: https://doi.org/10.14505//jarle.v9 3(33).13.