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On some Aspects of the Work of the Faculty of Higher Education 高等教育学院工作的若干方面
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-22 DOI: 10.17803/2311-5998.2024.114.2.184-190
L. A. Varakina, I. V. Zaikina
{"title":"On some Aspects of the Work of the Faculty of Higher Education","authors":"L. A. Varakina, I. V. Zaikina","doi":"10.17803/2311-5998.2024.114.2.184-190","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.184-190","url":null,"abstract":"The article is devoted to the issue of attracting teachers to carry out professional activities in higher educational institutions. Reform and optimization of higher education affects nature and conditions of employment of teachers of Russian universities. There is a decrease in the status and prestige of teaching. Legislative changes do not always contribute to increasing the prestige of the profession, as well as the desire of practitioners to transfer their experience to the younger generation in educational organizations. An important role in this is played by the requirements for persons applying for the positions of faculty of higher education. If you look at other problematic aspects of the legal regulation of the labor of education workers, taking into account the optimization of the labor process by the employer, then the status of a teacher of higher education does not become one of the goals of a future career for young professionals. It seems that a more thoughtful approach is needed to establish the requirements for the teaching staff of the university. To achieve the main task of vocational training, an effective system of replacing teaching positions should be established, taking into account the realities of our time.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"38 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141110776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On the Issue of the Concept of Social Obligation 关于社会义务的概念问题
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-22 DOI: 10.17803/2311-5998.2024.114.2.153-162
R. R. Dolotina
{"title":"On the Issue of the Concept of Social Obligation","authors":"R. R. Dolotina","doi":"10.17803/2311-5998.2024.114.2.153-162","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.153-162","url":null,"abstract":"The article defines the concept of social obligation on the basis of a doctrinal analysis of the general theoretical foundations for the definition of obligations, taking into account the interdisciplinary nature of social obligations. The formulation of the definition of social obligation is given through the relationship between obligations and responsibilities. It is noted that social obligation (in the broad sense of the word) should be understood as a type of socially regulated social relations, within the framework of which an individually determined party is necessarily required to carry out normatively proper behavior to satisfy a wide range of socially significant interests. Social obligations in the narrow (social security) sense are the need for compensation established by law on the part of a public authority or non-state entity that arises among citizens as a result of the onset of a social risk of adverse consequences.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"45 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141112861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Additional Measures to Support Families with Disabled Children 支持残疾儿童家庭的其他措施
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-22 DOI: 10.17803/2311-5998.2024.114.2.163-172
N. D. Potapova
{"title":"Additional Measures to Support Families with Disabled Children","authors":"N. D. Potapova","doi":"10.17803/2311-5998.2024.114.2.163-172","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.163-172","url":null,"abstract":"The article presents an analysis of certain legislative norms aimed at maintaining the stability of the legal status of workers with disabled children. Based on statistical data, some positive results of state policy in the field of social support for families with a disabled child are noted, a conclusion is made about the stabilization of the growth rate of child disability at the present stage in comparison with indicators of previous years, the importance of additional benefits and guarantees provided to employees with disabilities is emphasized. a disabled child, both at the federal, regional and collective bargaining levels of legal regulation of labor. The author substantiates proposals for improving certain norms of labor legislation regarding the procedure for providing additional days off to working parents with disabled children, which will strengthen the emerging trend of stabilizing the social situation of these subjects.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"30 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141109472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Principle of Unity and Differentiation in Modern Labor Protection Legislation 现代劳动保护立法中的统一与区别原则
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-22 DOI: 10.17803/2311-5998.2024.114.2.200-207
N. R. Khristoforov
{"title":"The Principle of Unity and Differentiation in Modern Labor Protection Legislation","authors":"N. R. Khristoforov","doi":"10.17803/2311-5998.2024.114.2.200-207","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.200-207","url":null,"abstract":"This article examines the manifestation of principle of unity and differentiation in the field of work safety. The institution of work safety is characterized by an imperative nature of legal regulation. Differentiation is mainly carried out based on the obligations imposed on employers by the legislature. The legislature has established an open list of regulatory acts containing normative requirements for work safety, which implies further development of new types of such acts, providing effectiveness and flexibility in legal regulation. However, there is uncertainty regarding the form, types, and functions of such regulatory acts. It is proposed to legislatively establish a classification of normative requirements for work safety by dividing them into norms aimed at “protecting health from harmful factors” and “protecting body from dangerous factors leading to injury.”","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"63 32","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141110698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Stability of Employment Relations upon Termination of Employment Contract at the Employer’s Initiative 雇主主动终止雇佣合同后雇佣关系的稳定性
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-22 DOI: 10.17803/2311-5998.2024.114.2.191-199
A. O. Mihalskaya
{"title":"Stability of Employment Relations upon Termination of Employment Contract at the Employer’s Initiative","authors":"A. O. Mihalskaya","doi":"10.17803/2311-5998.2024.114.2.191-199","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.191-199","url":null,"abstract":"This article assesses the stability of labor relations in modern conditions upon termination of an employment contract at the initiative of the employer. Four stages of events of the 21st century are identified, which directly determine the stability of labor relations in the event of termination of an employment contract with proactive employers in the Russian Federation, as well as in foreign countries. The author concludes that in order to maintain sustainable economic stability in the labor market, the state must take support measures not only for producers, but also for employers.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"50 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141109320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Right to Work: Challenges of Experimental Legal Regimes 工作权：实验性法律制度的挑战
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-21 DOI: 10.17803/2311-5998.2024.114.2.091-098
G. V. Shonia
{"title":"Right to Work: Challenges of Experimental Legal Regimes","authors":"G. V. Shonia","doi":"10.17803/2311-5998.2024.114.2.091-098","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.091-098","url":null,"abstract":"The right to work, being a fundamental right of any person, acquires special significance in the context of the introduction of digital technologies, and, above all, the implementation of experimental legal regimes. Experimental legal regimes that involve the use of a simplified approach to the legal regulation of certain social relations are associated with a number of theoretical and practical problems in the implementation of the right to work. As part of the study, in order to find a solution to these problems, the basic characteristics of innovative specialties and professions were identified. This allowed the author to formulate a definition of the concepts “innovative specialty” and “innovative profession”. Based on conceptual approaches to the legal regulation of relations within the framework of experimental legal regimes, the article proposes to use an imperative method of regulating relations for the employee to perform an innovative labor function within the framework of the employer’s activities on the basis of these legal regimes. Certain directions for improving regulatory legal and other acts in the field of standardization of professional activities of workers performing an innovative labor function are proposed.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"86 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141116278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Some aspects of social security legislation in the light of constitutional changes 从宪法变革看社会保障立法的某些方面
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-21 DOI: 10.17803/2311-5998.2024.114.2.137-143
S. I. Kobzeva
{"title":"Some aspects of social security legislation in the light of constitutional changes","authors":"S. I. Kobzeva","doi":"10.17803/2311-5998.2024.114.2.137-143","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.137-143","url":null,"abstract":"This article is dedicated to the issue of improving legal regulation in the field of social security, taking into account constitutional amendments. The author explores the role and significance of the Russian Constitution as a system-forming source of law, analyzes the changes concerning the formation of the pension system based on the principles of universality, fairness, and generational solidarity. The article provides an assessment of the current state of pension legislation and considers the possibility of enhancing the effectiveness of the pension system in the implementation of constitutional changes.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"12 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141118471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Social and Legal Aspects of Mentoring: History and Modernity 指导的社会和法律方面：历史与现代
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-21 DOI: 10.17803/2311-5998.2024.114.2.099-108
I. A. Shesteryakov
{"title":"Social and Legal Aspects of Mentoring: History and Modernity","authors":"I. A. Shesteryakov","doi":"10.17803/2311-5998.2024.114.2.099-108","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.099-108","url":null,"abstract":"The article discusses issues of legal regulation of mentoring in the world of work. The author talks about the history of the issue of legal regulation of mentoring in labor. The article also examines today’s legal regulation of mentoring and offers the author’s definitions of this concept. The author considers the issue of mentoring in connection with the concept of “young worker”. The work notes the ambiguity and diversity of the institution of mentoring, and raises the question of the need to consolidate this legal concept in the current legislation. The article pays attention to the concept of mentoring not only in the Russian Federation, but also in some BRICS countries.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"47 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141113503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Formal Legal Approach to Defining the Concept of “Social Security” 界定 "社会保障 "概念的正式法律方法
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-21 DOI: 10.17803/2311-5998.2024.114.2.130-136
R. N. Zhavoronkov
{"title":"Formal Legal Approach to Defining the Concept of “Social Security”","authors":"R. N. Zhavoronkov","doi":"10.17803/2311-5998.2024.114.2.130-136","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.130-136","url":null,"abstract":"Currently, in the science of social security law, a generally accepted definition of the concept of “social security” has not been developed. Analysis of existing definitions makes it possible to distinguish several semantic elements: 1) social security is an activity to provide material goods in cash or in kind; 2) these material goods are provided only to individuals; 3) material goods are provided in the event of circumstances recognized as socially respectful.These semantic elements are present in all definitions. At the same time, not all definitions clearly reflect who provides material goods through which sources. Two points of view can be distinguished on this issue: (1) Social security is provided by the State from the State budget and extrabudgetary funds; 2) social security is carried out not only by the state, but also by private individuals at the expense of private funds.The article justifies that the first point of view is correct. Social security is the provision on the basis of the law of material goods by the state at the expense of the budget and extrabudgetary funds. This activity is subject to social security law.Material security provided by an individual at the expense of his own funds on the basis of a contract is a charitable activity that is regulated by civil law. The material security that the employer, on the basis of a collective agreement, provides at its own expense to the employee and his family members is a relationship closely related to labor relations and is regulated by labor law.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"29 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141117645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Distinction of Competencies in the Legal Regulation of Social Security in the Context of Federalization 联邦化背景下社会保障法律监管的能力区分
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-21 DOI: 10.17803/2311-5998.2024.114.2.144-152
M. I. Akatnova
{"title":"Distinction of Competencies in the Legal Regulation of Social Security in the Context of Federalization","authors":"M. I. Akatnova","doi":"10.17803/2311-5998.2024.114.2.144-152","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.144-152","url":null,"abstract":"The article considers interaction forms in the field of legal regulation of social security between state authorities: federal and regional. In social security law, as in a number of other branches of Russian law, the combination of various levels of legal regulation is essential for the implementation of the constitutional right of people to social security, while leading to a number of problems in rule-making and law enforcement. The right to social security guaranteed by the Constitution of the Russian Federation to categories of persons in need of it, providing them with material support measures provided for by laws of social risks in a timely manner and to the fullest extent possible, in conditions of federalism, can be implemented with the participation of state authorities at all levels of legal regulation, from the federal to the level of local self-government. It was concluded that the state authorities of the constituent entities of the Russian Federation have a wide range of powers, the use of which allows them to more effectively implement the right of people to social security.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"80 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141116903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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