Lipinsky Dmitry Anatol'evich, Doctor of juridical sciences, professor, sub-department of state and law theory, Togliatti State University (14 Belorusskaya street, Togliatti, Russia), Dmitri8@yandex.ru
Repeteva Olesya Evgenevna, Candidate of juridical sciences, associate professor, head of sub-department of civil law, civil procedure and labor law, Togliatti State University (14 Belorusskaya street, Togliatti, Russia), Dmitri8@yandex.ru, email@example.com
Background. In conditions of constitutional state formation and civil society development the institutions of legal liability are of special importance, including the institutions of administrative and labor liability. Meanwhile, violations of rules of labor law may lead not just to disciplinary, but to administrative liability as well. At the same time, many rules of CAV (the Code of Administrative Violations) have been formulated by the blanket kind, referring to the labor legislation, which gives no certain procedure of their application. Therefore, a research of interaction between institutions of labor and disciplinary liability is of special urgency, which, as a matter of fact, is the aim of this work.
Materials and methods. The research applied formal-juridical and comparativelegal methods, as well as general scientific methods. From the point of view of the dialectic method the research object was analyzed comprehensively in dynamics of amendments to the active legislation.
Results. The analysis of the administrative legislation indicates an increase of the blanket rules share. The legislator provides for the fine as the main type of liability for the said violations, which accentuates the material nature of punishment.
Conclusions. There is no certain article in CAV of Russia devoted to infringements on labor rights of citizens. The latter are fixed in article 5 of CAV of Russia devoted to protection of rights and freedoms of citizens. Following the purposes to specialize the legislation and to facilitate the qualification the said rules should befixed in a separate article of CAV – “Administrative violations of labor rights of citizens”.
legal liability, administrative liability, labour liability, types of administrative liability, institution of legal liability
1. Sobranie zakonodatel'stva RF [Collected laws of the Russian Federation]. 2002, no. 1, art. 2.
2. Vedomosti S"ezda narodnykh deputatov RF i Verkhovnogo Soveta RF [Bulletin of the Congress of peoples’ deputies of the Russian Federation and the Supreme Council of the Russian Federations]. 1992, no. 17, art. 894.
3. Vedomosti S"ezda narodnykh deputatov RF i Verkhovnogo Soveta RF [Bulletin of the Congress of peoples’ deputies of the Russian Federation and the Supreme Council of the Russian Federations]. 1993, no. 24, art. 857
4. Tikhomirov Yu. A. Gosudarstvo i pravo [State and law]. 2000, no. 10.
5. Shchukina N. V. Advokatskaya praktika [Advocacy]. 2001, no. 3.
6. Vol'dman Yu. Khozyaystvo i pravo [Economy and law]. 2003, no. 7.
7. Viktorov I. S., Zhirova Zh. V. Trudovoe pravo [Labor law]. 2004, no. 6.
8. Shalygin B. I. Trudovoe pravo [Labor law]. 2007, no. 8.
9. Feofilaktov A. S. Trudovoe pravo [Labor law]. 2008, no. 12.
10. Chikireva I. P. Nalogi. Investitsii. Kapital [Taxes. Investments. Capital]. 2006, no. 1–3. Available at: http://nic.pirit.info/200607/051.htm (accessed June 10, 2016).
11. Goryachev A. S. Pravo i ekonomika [Law and economy]. 2005, no. 6–7, Available at: http://www.lawmix.ru/comm.php?id=945 (accessed June 11, 2016).
12. Shalygin B. I. Trudovoe pravo [Labor law]. 2007, no. 8, p. 43.
13. Alenina I. V. Sudebno-pravovaya reforma v Rossiyskoy Federatsii: sb. nauch. tr. [Judicial-legal reformation of the Russian Federation: collected works]. Omsk, 2002.