Оспаривание условий трудового договора в деле о банкротстве
The recent amendments to the civil law show an evident trend of strengthening the influence of civil law in the exclusive jurisdiction of labour law. Increasingly, judicial practice resorts to some conditions of labour contracts with the principals of a company based on the federal laws On Limited Liability Companies and On Public Companies to rule major transactions and related party transactions valid. At that, recent Article 53 of the Russian Federation Civil Code in point 4 stipulates that the relations between a legal person and the persons belonging to it are subject to the code and other laws on legal persons, which provided grounds to some civil law experts consider such practice legal and justified. However, Chapter 43 of the Civil Code on the features of legal regulation of the labour of the head of a company and the members of collective executive body of the company remained unchanged. In turn, the rules of the latter as well as of the Civil Code in general do not provide for the ways of challenging employment contracts due to interest and violating the rules of entering into a major transaction. The paper stresses the contradictory nature of the case practice on challenging labour contracts with the principal. Another example of interpreting civil law is challenging the conditions of labour contract within bankruptcy cases. The Federal Law On Insolvency (Bankruptcy) makes it possible to apply to labour contract the rules on invalid transaction under the law and civil legislation. The paper shows the priority as to bankruptcy law the provisions of legal legislation which do not consider labour contract invalid and hence do not require charging salary from the employees. The issue is proposed to be solved by amending the legislation. In particular, rendering an employment contract invalid and its legal consequences should be specified in the Labour Code.
The article examines topical theoretical and practical issues of termination of employment agreement initiated by the employer under Article 81, part 1, para. 1 of the Labour Code of the Russian Federation, i.e. in case of dissolution of a company or cancellation of sole proprietorship.
Трудовой договор, расторжение, ликвидация организации, работник, employment agreement, Termination, company dissolution, employee
The article covers the major trends that are currently formed in the practice of arbitration courts in approving the settlement agreement and possible ways of further development of this institution.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/