Courier of Kutafin Moscow State Law University (MSAL))最新文献_第5页

Protection of Honor and Dignity in Labor Relations 保护劳动关系中的荣誉和尊严

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-21 DOI: 10.17803/2311-5998.2024.114.2.084-090

G. A. Rogaleva, I. Yu. Rogaleva

引用次数: 0

On Understanding of the Definition of «Labour» in the Aspect Effective Implementation of the New Constitutional Principles 从有效实施新宪法原则的角度理解 "劳动 "的定义

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-21 DOI: 10.17803/2311-5998.2024.114.2.109-120

E. S. Batusova

{"title":"On Understanding of the Definition of «Labour» in the Aspect Effective Implementation of the New Constitutional Principles","authors":"E. S. Batusova","doi":"10.17803/2311-5998.2024.114.2.109-120","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.109-120","url":null,"abstract":"It is necessary to continue analysis of the new understanding of the definition of “labour” proposed by the author in terms of amendments to the Constitution of the Russian Federation approved during the all-Russian vote on July 1, 2020. The purpose of the article is to develop and formulate an innovative concept of labour for the effective implementation in the future of new constitutional principles, which for the first time in the history of labor law were fixed at the level of the Basic Law of the country. In view of this circumstance it is important to reflect the concept “labour” in the Labour code of the Russian Federation in a broad aspect , and in the legislation of the Federal Act “On Employment in the Russian Federation”, equating the concept of “employment” to the definition of “labour” that will allow to define more clearly the implementation of such constitutional principles as: respect for the labour, respect for man of labour; establishing a minimum wage not less than the subsistence minimum of the working-age population in the Russian Federation; ensuring social partnership.The legal consolidation of the definition of “labour” in a broad aspect will contribute to the development of not only labour legislation, but also the theory of labour law in terms of a correct understanding of the nature of such principles as respect for labour and respect for the man of labour, which, in our opinion, should also be fixed in the Labour Code of the Russian Federation . These principles are undoubtedly cross-sectoral in nature, since they are the basis not only of labour law, but also of civil and administrative law.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"124 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141115464","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

Genetic and Digital Discrimination in Labor Law: Problem Statement 劳动法中的基因歧视和数字歧视：问题陈述

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-20 DOI: 10.17803/2311-5998.2024.114.2.048-057

N. V. Chernyh

引用次数: 0

Dualism of Labor Law: Private Law and Public Law Aspects 劳动法的二元论：私法与公法的关系

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-20 DOI: 10.17803/2311-5998.2024.114.2.076-083

A. A. Andreev

{"title":"Dualism of Labor Law: Private Law and Public Law Aspects","authors":"A. A. Andreev","doi":"10.17803/2311-5998.2024.114.2.076-083","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.076-083","url":null,"abstract":"The relevance of the topic of this article is due to the fact that the structure of labor law as a regulator of public relations contains the principles of both power and subordination, and equality of the parties. Despite the prevalence of the concept of dualism in labor law, there is no consensus in legal science regarding its content.The purpose of this article is to develop scientific provisions reflecting the features of dualism in labor law. Proceeding from the designated goal, the author set tasks: to determine the private and public legal aspects in the dual nature of labor law. In the process of studying national interests, the dialectical method of cognition was used as a philosophical basis, as well as general scientific research methods: ascent from the abstract to the concrete, the system-structural method. private scientific methods: formal legal, as wellas logical means of cognition — analysis, synthesis, deduction, induction.As a result of the analysis of scientific and regulatory sources, the following conclusions were formulated: 1) The state performs several functions in achieving a balance of private and public legal interests in the field of labor regulation: legislative, control, social, intermediary. 2) By promoting a balance between the interests of workers and the State, civil society contributes to ensuring fairer and more stable working conditions for all.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"8 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141120125","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 Right to Health as a Personal Non-property Right in Relation to Work 健康权作为与工作相关的非财产性个人权利

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-20 DOI: 10.17803/2311-5998.2024.114.2.067-075

E. N. Bondarenko, E. A. Mzhavanadze

{"title":"The Right to Health as a Personal Non-property Right in Relation to Work","authors":"E. N. Bondarenko, E. A. Mzhavanadze","doi":"10.17803/2311-5998.2024.114.2.067-075","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.114.2.067-075","url":null,"abstract":"The article is devoted to the problem of personal intangible labor rights, which is little studied in the science of labor law, as the most important part of the content of the labor relationship, which has become relevant during the transition of society to the information state. The right to health is one of the most important personal intangible right of an employee. Due to its binding nature, it can be carried out only in an employment relationship, therefore it is necessary to legalize it as one of the main subjective rights of an employee in the Labor Code. The current Labor Code does not contain the concept of personal non-property rights and does not include the basic rights of an employee as such. Even though the fact that personal character as a sign of an employment relationship has always existed throughout the history of labor law (both legally and in doctrine). In the science of labor law, the question of the need for in-depth research of the non-property part of the labor relationship has historically remained relevant, although ambiguously understood. Our science has accepted deeply researched civil law categories of personal non-property rights and intangible benefits, but it seems that not all of them are relevant for personal non-property labor rights. The article attempts to critically analyze the opinions expressed in science and offer their views on this controversial issue.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"45 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141118965","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 Necessity to Transform the BRICS Trade Union Forum 金砖国家工会论坛转型的必要性

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-20 DOI: 10.17803/2311-5998.2024.114.2.023-031

P. E. Morozov

引用次数: 0

Legal Regulation of Women’s Labor in the BRICS Countries: Current Trends 金砖国家对妇女劳动的法律监管：当前趋势

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-20 DOI: 10.17803/2311-5998.2024.114.2.032-047

I. V. Shesteryakova

引用次数: 0

Employment Problems in the Far East and the Arctic Zone of the Russian Federation 俄罗斯联邦远东和北极地区的就业问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-20 DOI: 10.17803/2311-5998.2024.114.2.058-066

A. L. Blagodir

引用次数: 0

Remote interrogation and confrontation: problems of practice and prospects 远程审讯和对抗：实践问题与前景

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-17 DOI: 10.17803/2311-5998.2024.113.1.216-224

P. A. Samsonov

{"title":"Remote interrogation and confrontation: problems of practice and prospects","authors":"P. A. Samsonov","doi":"10.17803/2311-5998.2024.113.1.216-224","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.216-224","url":null,"abstract":"The article, based on the results of an empirical study conducted by the author, states the absence in the Russian Federation of a wide practice of remote interrogation and confrontation. The objective factor in the form of insufficient technical equipment of the preliminary investigation bodies is analyzed as the reason for this. A separate reason is the incompleteness of legal regulation, which excludes the indication in the law of an investigator who is obliged to establish the identity of a remotely participating person when applying the norms of Article 189.1 of the Code of Criminal Procedure of the Russian Federation, as well as the absence of legally regulated features of the investigator’s exercise of the authority to present material evidence, a document during remote interrogation and confrontation.It is indicated that such circumstances create the risk of incomplete provision of the procedural rights of an uncontrolled subject of the process, including for a reasonable period of criminal proceedings, a full and comprehensive investigation of the circumstances of the criminal case. In this regard, the author notes the need to allocate budgetary funds for sufficient technical support for the preliminary investigation bodies. There is also a proposal to improve the norms of the Code of Criminal Procedure of the Russian Federation in the part under consideration.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"7 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140962481","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 “Digital Information” in relation to Criminal Proceedings 关于刑事诉讼中的 "数字信息 "概念问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-17 DOI: 10.17803/2311-5998.2024.113.1.225-234

S. S. Alekseev

{"title":"On the Issue of the Concept of “Digital Information” in relation to Criminal Proceedings","authors":"S. S. Alekseev","doi":"10.17803/2311-5998.2024.113.1.225-234","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.225-234","url":null,"abstract":"The intensive and massive introduction of digital technologies has revealed the “lag” of law from dynamically developing public relations. To date, a unified position on the concept of information obtained using digital technologies has not been developed and legislatively fixed. The article con[1]siders the problem of the lack of a uniform understanding of the concept of information obtained using digital technologies in criminal proceedings. The author cites various positions of scientists on the issue under study, as well as the provisions of normative legal acts containing legal definitions of the analyzed term. An author’s version of the term is proposed to denote information introduced into criminal procedural evidence through digital media. The lack of a legal definition of digital information and a common understanding of its essence when used in proving a criminal case makes it much more difficult to achieve the goals of criminal proceedings. The legislative definition of the concept of “digital information” will contribute to the correct, or rather, the only possible understanding of its meaning in the context of this legal context.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"12 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140962971","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