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Correlation of the Labor Law system and structures of a codified normative legal act: continuity and novelty
 
PIIS013207690009940-6-1
DOI10.31857/S013207690009940-6
Publication type Article
Status Published
Authors
Irina I. Аndrianovskaya 
Occupation: Leading researcher of the sector of Labor Law and social security law of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 6
Pages90-97
Abstract

The article examines the system of Labor Law as a branch of law and its corresponding structural elements of a codified normative legal act. The correlation between the system of the branch of law and the structure of codified acts (codes of labor laws and the Labor Code of the Russian Federation) is shown. It is noted that the codified act can only serve as a model of the structure of the branch of law. The structure of a branch of law is an abstract concept in relation to the structure of a codified normative legal act. In General, the system of Labor Law and the structure of its main normative act were and are in an optimal relationship: the institutions of the industry correspond to the main structural elements of the codified act (sections, chapters). In the current socio-economic conditions, new legal norms (groups of norms) are being incorporated into Russian law and its structure is changing. There is a discrepancy between the structure and content elements in the previously existing codified acts. Attention is drawn to the elimination of certain inaccuracies in the codification of labor legislation. Conclusions about the need to improve the content and structure of the Labor Code of the Russian Federation - the main normative act of labor legislation.

Keywordsbranch of law, elements of branch of law, branch of legislation, normative legal act, codification, structure of the codified act
Received20.01.2020
Publication date23.06.2020
Number of characters30482
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1. Alekseev S.S. General theory of law: in 2 vols. Vol. 1. M., 1981. P. 129 (in Russ.).
2. Andrianovskaya I.I. On the need to coordinate the succession and new provisions in the modern Labor Law of Russia // Strategy of national development and tasks of the Russian legal science: collection of reports of the International scientific-practical Conf. M., 2016. P. 62 - 66 (in Russ.).
3. Andrianovskaya I.I. Continuity in the Labor Law of Russia. M., 2015 (in Russ.).
4. Andrianovskaya I.I. Harmonization of labor law norms in modern conditions // Labor Law in Russia and abroad. 2018. No. 4. P. 8–10 (in Russ.).
5. Boitsova V.V., Boitsova L.V. Historical traditions of the Russian school of comparative law // Journal of Russ. law. 2003. No. 8. P. 158 (in Russ.).
6. Kiselev I. Ya. Foreign Labor Law. M., 1988. P. 43, 44 (in Russ.).
7. Course of Russian Labor Law: in 3 vols. / ed. by S.P. Mavrin and others. Vol. 1. General part / ed. by E.B. Khokhlov. SPb., 1996, P. 83 (in Russ.).
8. Lokshina S.M. Short dictionary of foreign words. 5th ed., stereotype. M., 1976. P. 36. (in Russ.).
9. Molodtsov M.V. The system of Soviet Labor Law and the system of legislation on labor. M., 1985. P. 55, 57 (in Russ.).
10. Nenovsky N. Continuity in law. M., 1977. P. 46 (in Russ.).
11. Legal bases of regulation of working time and rest time: Textbook / ed. by M.V. Vasiliev. M., 2018. P. 12, 13 (in Russ.).
12. Russian Civil Law: Textbook: in 2 vols. Vol. 1. General part. Real law. Inheritance law. Intellectual rights. Personal non-property rights / res. ed. E.A. Sukhanov. 2nd ed., stereotype. M., 2011. P. 78 - 80 (in Russ.).
13. Russian Labor Law: Textbook for universities / res. ed. A.D. Zaikin. M., 1997. P. 23 (in Russ.).
14. Soviet Labor Law: Textbook / ed. by A.S. Pashkov, O.V. Smirnov. M., 1988. P. 58 (in Russ.).
15. Shvekov G.V. Continuity in law. M., 1983. P. 18 (in Russ.).

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