The evolution of the sources of legal regulation of social partnership in the Russian Federation: from the decree of the President to the Constitution
Abstract
The consolidation of the term “social partnership” in the Constitution of the Russian Federation requires adjustment of the conceptual apparatus, content and scope of this complex legal phenomenon. In the article, during the analysis of the formation of the social partnership system of modern Russia, the transformation of its conceptual apparatus, content and legal framework, recommendations were developed to improve industry legislation. It is concluded that under social partnership in Article 75.1 and in paragraphs. e.4 clause 1 of article 114 of the Constitution of the Russian Federation, various legal phenomena are understood. Social partnership in the field of regulation of labor and other relations directly related to them (Clause 4, Clause 1, Article 114) is an element of social partnership in the broad sense (Article 75.1) — a three-sector interaction between society, business and the state. They relate as part and whole. It is proposed to change the content of Art. 23 Labor Code of the Russian Federation. It is noted that the normative acts of social partnership (agreements and collective agreements), the validity of which are limited in time, can be updated simultaneously with planned activities for the development and conclusion of relevant acts for the coming period. It is substantiated that ensuring the implementation of the principles of the institution of social partnership (Article 24 of the Labor Code), the principle of the institution of a collective agreement included in the institution of social partnership (Article 37 of the Labor Code) and that part of industry principles of the legal regulation of labor relations and other relations directly related to them (Article. 2 TC), which directly permeate the institution of social partnership, is assigned by the Constitution to the Government of the Russian Federation. With the entry into force of amendments to the Constitution, these scientifically substantiated and legally enshrined principles do not need to be radically reviewed based solely on the very fact of the appearance of the corresponding constitutional provision.
Keywords:
Constitution, social partnership, labor law, principle of law, principle of social partnership, labor сode, source of labor law
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Articles of "Russian Journal of Labour & Law" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.