On the issue of re-qualification of a civil contract in the labor contract

2021 ◽  
Author(s):  
N.N. Sokolenko ◽  
J.G. Agarkova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Labor Contracts ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Civil Contract ◽  
The Relationship

The article examines the relationship between the concepts of “employment contract” and “transaction” on the basis of various opinions of scientists and judicial practice, as well as analyzes the legislation of the Russian Federation in the field of determining the powers of tax inspections in relation to the re-qualification of civil law contracts into labor contracts.

scholarly journals Extension of a fixed-term employment contract: some theoretical and practical issues

2019 ◽  
pp. 65-72
Author(s):  
Sergey Kichigin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Practical Work ◽  
Applied Problem ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Term Labor

The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

Additional grounds for termination of an employment contract with the head of the organization: dismissal under paragraph 2 of Part 1 of Art. 278 of the Labor Code of the Russian Federation

2021 ◽  
pp. 672-679
Author(s):  
E.V. Krasnoyarova
Keyword(s):  
Russian Federation ◽  
Employment Contract ◽  
Legal Norms ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation

The article examines the additional grounds for termination of the employment contract with the head of the organization, gives examples of judicial practice, reveals contradictions in the application of specific legal norms, and also makes proposals for improving labor legislation.

Application of civil law in the regulation of labour relations

2021 ◽  
pp. 748-755
Author(s):  
A.V. Mayfat ◽  
M.A. Zhiltsov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Labor Disputes ◽  
Labour Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Common Situation

The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.

Granting the Land Plots for Maintaining a Farm: New Approaches

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Валентина Устюкова ◽  
Valyentina Ustyukova
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Civil Law ◽  
New Approaches ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Land Code

The article is devoted to the previously called ambiguous interpretation of doctrine and judicial practice: how should land for farming be provided — in the auction, or no auction. The changes to the Land Code of the Russian Federation in the summer of 2014 are analyzed, and their assessment is given by the author. The article of the Land Code, admitting, unlike civil law, only one form of auction — auctions is criticized. In particular, in relation to agricultural land the most appropriate form of trading would have been a competition. The author concludes that the farmers, as before, will receive plots of land mainly from auction, despite the presence in the Land Code of the provisions on allocation of land plots without bidding.

scholarly journals Applying the Rules of Eviction in the Domestic Civil Law

Legal Concept ◽  
2020 ◽  
pp. 89-96
Author(s):  
Elvira Osadchenko
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Semantic Content ◽  
Good Faith ◽  
Third Party ◽  
Judicial Practice ◽  
Bona Fide ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Made In

Introduction: the paper is devoted to the study of certain problematic issues of eviction, which gives rise to the responsibility of an unscrupulous seller in the event of a third party claiming a thing. For this purpose, the author considers the concept and features of a bona fide buyer, identified by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, primarily the method of system and comparative analysis, the author identifies the constituent features of “eviction” by applying an essential-substantival approach to the study of the concept of a bona fide purchaser. Results: it is found that the Civil Code of the Russian Federation does not contain a list of criteria confirming the good faith of a person. An attempt to develop such a list is made in the paper through the semantic content of the concept of good faith. Conclusions: the author concluded that fixing the eviction signs and the criteria of good faith in the civil legislation of the Russian Federation will make it possible to protect the interests of contractors, reduce the risks and protect the parties from possible fraudulent actions and most fully ensure the performance of contractual obligations primarily on the part of the seller.

scholarly journals INTERPRETATION PROBLEM CRITERION OF CONFERENCE, LIMITING THE SCOPE OF THE MECHANISM ACQUISITION

2021 ◽  
Vol 6(72) (3) ◽  
pp. 57-66
Author(s):  
N. A. Ablyatipova ◽  
N. V. Rogozhin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Civil Law ◽  
Good Faith ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Good Conscience ◽  
Interpretation Problem

Based on the analysis of the current civil law, judicial practice and scientific literature, this article explores some of the problems of interpreting good faith as the requisite for acquiring ownership by prescription. The authors draw attention to the limited situations to which the rule on acquisitive prescription may apply, due to the existing official regulatory clarification of the good faith criterion. The work examines the latest practice of the judicial board for civil cases of the Supreme Court of the Russian Federation, which formed a position on the interpretation of good faith, which seems to contradict the legitimate understanding of this condition. In this regard, some situations of life are examined, namely, the seizure of property by moving into an empty abandoned house, as well as the situation when the cohabitant (actual spouse) becomes an independent owner of the property of the owner. Using these examples, the authors show how the problems of interpreting the criterion of “good conscience” as part of acquisitive prescription investigated in the article affect the formation of ambiguous, and in some cases, illegal judicial practice.

scholarly journals Responsibility of the employer for non-compliance with the terms of the employment contract

2021 ◽  
Vol 39 (3) ◽  
pp. 127-131
Author(s):  
Z. A. Alieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Employment Contract ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Federal Laws ◽  
Compensation For Damage

The article is devoted to the issues of the employer's liability for non-compliance with the terms of the employment contract. The aim of the study is to examine the types of liability of employers for violation of the terms of the employment contract. It says that employers guilty of non-compliance with the terms of the employment contract are subject to material, disciplinary, civil, administrative and criminal liability. The problematic issues of compensation for damage to an employee caused by violation of labor legislation are considered. Revealed and substantiated the need for timely payment of wages to employees. Analyzed materials of judicial practice concerning the illegal dismissal of an employee, as well as non-payment of wages to the employee. It is concluded that employers who are guilty of non-compliance with the terms of the employment contract are liable in the cases and in the manner established by the Labor Code of the Russian Federation and other federal laws

Requirements for the content of an employment contract and the consequences of their non-compliance

2021 ◽  
pp. 106-113
Author(s):  
S.V. Vasyukov
Keyword(s):  
Russian Federation ◽  
Employment Contract ◽  
Labor Contract ◽  
The Russian Federation ◽  
Legal Consequences

The article examines the process of forming the current norms governing the content of the labor contract, analyzes some proposals for changing the current legislation and evaluates the legal consequences of not including mandatory conditions in the labor contract in the current edition of the Labor Code of the Russian Federation.

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