Constitution and regulation of labor relations: theoretical and practical aspects

Abstract

The article analyzes the role and place of the Constitution of the Russian Federation and its principles in regulating relations related to the use of wage labor and constituting the subject of labor law, as well as issues of practical application of international and sectoral principles of law in the field of labor. The issues related to the consolidation and development of constitutional principles in the labor legislation of the Russian Federation are analyzed. First of all, these are the basic principles of legal regulation of labor relations and other directly related relations, enshrined in Article 2 of the Labor Code of the Russian Federation. It is clarified that the principles are not “slogans” and purely theoretical constructions — they should be actively used at the stages of rulemaking and law enforcement. This provision is illustrated by the judicial practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The problem of the correlation of such important categories as politics, economics and law is touched upon, the need for an optimal ratio of their inherent mechanisms in all spheres is emphasized.

References

1. Kurennoy, A.M. (2016). Politics, economics, law: the problem of preferences in the sphere of labor. Labor law in Russia and abroad, 4, pp. 3–6 (in Russ.).
2. Kurennoy, A.M. and Mironov, V.I. (1997). Practical commentary on the legislation on labor disputes. Moscow (in Russ.).