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Охрана труда: о новой концепции института трудового права России
The labour law theory lacks a properly developed doctrine of the institute of legal protection (norms and subinstitutes). Besides, there is no conceptual legal model for the institute of security and hygiene of labour. The author attempts to complete the blank in legal science. The methodology of the paper is a legal theory as a fundamental regulator of public relations, doctrinal concept of the institute of labour protection (safety and hygiene of labour) in Russian labour law. This is the first attempt in Russian labour law to examine the institute of protection and hygiene of labour not only in terms of the current approaches but also the draft of the federal law On Security and Hygiene. The paper concludes thatthe institute of protection of law did not initially (in 1918) met the conceptual idea, content and purpose to promote to saving life and health of employee. Currently, it is not justified to include the institute of Protection of Labour in part X of the Code. It is evident that the norms of ensuring life and health of employees require revision in RF Labour Code part IV, i.e. following the institute of Labour agreement — the central concept in Russian labour law. It is paramount: 1) to give a new title to part X of RF Labour Code, i.e. Security and Hygiene of Labour; 2) Art. 209 the Code determines the concept of labour security and hygiene of labour; 3) to arrange in chapter X of RF Labour Code to regulate security and hygiene of labour. Chapter X of RF Labour Code Security and Hygiene of Labour requires a brand new content. Hence, all the legal doctrines — both Soviet and Russian — on the institute of labour protection await revision.