The Labour Code of Russia was amended in 2013 in a way that a new body of workers’ representation – works councils – can be established. These amendments don’t add any new rights or obligations neither to employers nor to employees. They are made with purely political purposes and only imitate the creation of the analog of the well-known German system of works councils.
The author comes to conclusion that currently existing rights in informing and “taking into account” the workers’ representative body opinion, contained in the Russian Labour Code, are not sufficient for existence of the real industrial democracy.
The article is aimed at answering the question, whether an implementation of functioning works councils may be beneficial to the adequate balancing of social rights of workers and economic rights of the employers.
Although the full transposition of the German works councils system seems to be impossible, some of its positive features may be effectively adopted in the Russian law. For example, the employer’s obligation to consult workers shouldn’t be dependent on the existence of the workers’ representative bodies. Besides, a range of issues that are subject to the mandatory informing of workers by the employer must be significantly broadened. The procedure of consultations must include the real negotiations between the employer and employees on the basis of good faith principle.
The article analyzes the problems raised from the use of foreign civil procedure norms in the settlement of disputes in the international civil process. The trend towards the application of foreign civil procedural rules has emerged in judicial practice relatively recently, but the reference to foreign procedural law is now enshrined in most national and international legal instruments on private international law and on international civil procedure. This gives rise to the problem of distinguishing a special category of conflict of laws — procedural conflict of laws rules, the problem of determining their concept and structure (including rules on the resolution of conflict of jurisdiction). Процессуальное право 85 The aim of the study is to illustrate that there is a special category of rules in international private law and international civil procedure which prescribes the application of foreign civil procedure law, i.e. procedural conflict-of-laws rules. The task of the study is to show that the using of procedural law of the court’s country in the current international civil process is advisable to position not as a procedural imperative, but as a general conflict – of-laws binding. The relevant norms of national laws and international legal acts, examples from judicial practice are considered to solve mentioned tasks. The author gives a brief overview of doctrinal views on the problem raised in the article. Main research methods are: comparative law, comparative and retrospective analysis. Currently, the application of foreign civil procedure rules is a daily reality, and therefore it is possible to assert the existence of a special legal category “procedural conflict-of-laws rules”. The law of the court’s country in the international civil process should be approved not as a procedural imperative, but as a conflict-of-laws principle, as a general conflict-of-laws binding. Also the author proposes to define the conflict-of-laws rules as a procedural conflict-of-laws rules. Keywords: international private law, international civil process, procedural conflict-of-laws rules, foreign civil procedure rules, procedural conflict-of-laws question, conflict of jurisdiction.
The problems encountered in the resolution of conflicts (contradictions) with the participation of the norms of the Civil Code of the Russian Federation are considered, due to the absence of a solution to the earlier problems and the appearance of additional problems in connection with prioritizing the new edition of the first part of this Code.
The purpose of the article is to prove the erroneousness of the approach on the priority of the norms of the Civil Code of the Russian Federation to the norms of other federal laws; for this purpose, its contradiction to the general order of resolving conflicts between norms of law based on general legal principles, as well as the impossibility of unconditional priority of the norms of the Civil Code of the Russian Federation as codified Act due to its unconstitutionality and contradictory approaches used in the construction of a system of legislation.
To obtain the research results, general scientific methods of analysis and synthesis, comparisons, generalizations, classifications, as well as literal and system-logical interpretation of legal norms were applied.
As a result, on specific examples of the formation of the charter capital of business entities, it is justified that the priority of the norms of the Civil Code of the Russian Federation can only be regarded as the reception of legal techniques, when the legislator himself (other parts of the conceptual apparatus, classifications of subjects and objects, the structure of relations, etc.), and transitional provisions of civil legislation on such a priority can not be rejected Change priority of special rules. As a means of solving the emerging problems, it is proposed to exclude the provision on the priority of the norms of the Civil Code of the Russian Federation from this Code, and from the point of view of legislative technology, special and general norms should be changed simultaneously, otherwise the operation of the modified general norms will be blocked by special norms.
The author analyzes the concept, the features of a frame contract and it’s subject and conditions in terms of the Civil Code of the Russian Federation, the Conception on Perfecting the Law of Obligations General Provisions in Russia and with respect to the business needs, formulates conclusions regarding the essential conditions of a frame contract and make practical recomendations on preparation of such contracts and resolution of relevant disputes.
This article is part of the project ‘A Sociology of the Transnational Constitution’, carried out at the University of Manchester under the supervision of Professor Christopher Thornhill. This project is a comparative study of the legislation, case law, social phenomena with an aim to determine the effect of international law in the ongoing process of constitution-building in various countries and, particularly, in Russia. Extensive empirical data collected during the course of the project, leads to formulation of the following three main hypotheses that are discussed in the paper. First, legal accountability of the state to the citizens in Russia is asymmetrically high in comparison with political accountability. Second, there is a clear understanding in Russia that the successful state building depends on the efficiency of the judiciary; to a certain extent the judiciary becomes the subject, or the main driver of constitutional reforms rather than being their object. Third, targeted and strategic use of international law plays a key role in all elements of the process of secondary constitutionalisation, that is, not only in implementation of the constitutional guarantee of human rights protection, but also in construction of the necessary institutions.
The issue is devoted to the creation of national traditions of lawmaking. The questions of delimitation of the law from all the legal acts in a historical retrospective are considered. The accent is made on the process of forming of the standard-setting activity. It is emphasized on the legal nature of ministerial creation of regulatory acts. Analogies of the pre-revolutionary and modern legal phenomena in the field of lawmaking are drawn.
In the world there are not many countries with the secular nature of education. The Russian legislation establishes secular nature of education in state and municipal schools. Secular nature of education in Russia is visible in the regulation of school uniforms and teaching «The Fundamentals of Religious Cultures and Secular Ethics» at school. The article contains the analysis of the regional acts educational organization’s acts on school uniform and jurisprudence. Also the article contains the results of research on the second aspect of the secular nature of education in Russia – the subject «The Fundamentals of Religious Cultures and Secular Ethics» established by Federal State Educational Standards. The authors conclude that the general education in Russia is not completely secular in several aspects. Further development of jurisprudence, legislation or education system can change the situation: religious aspects could be included in school life or more strictly settle the secular nature of school education.
The article is devoted legislation research in sphere of technical regulation at national and supranational level. This analysis is conducted for the purpose to improve the teoretical and methodological basis of the technical regulating in the Russian Federation and within the framework of the different post-Soviet integrating unios.
In this article is examined the systems approach to the mechanism of working motivation, based on the motives, assigned by environment – by economic and social- lawful factors, on the internal motives of worker, which were established in the course of his vital activity, and the outwardly formed motives of working activity. Under the influence of these motivational factors formed the inner position, employee personal predisposition towards different objects and situations, his willingness to act one way or another. Therefore, so it is important to concentrate efforts and economists, and sociologists, and psychologists and lawyers on the appropriate methods of external influence on work motivation. Is given the case study of the development of motivational processes in the spheres of industry, science and management. Are given to recommendation in a question the formations and the lawful guarantee of motivational installations and standards, working interests and values.