The dialectic of public law and contractual regulation of labor relations

The article examines the dialectic of public law (imperative) and contractual regulation of labor and other directly related relations. The purpose of the study is to analyze the essence, meaning and limits of the imperative and contractual regulation of labor and other relations directly related to them, as well as the synergistic unity of the imperative and contractual methods of their regulation, which are aimed at achieving a balance between the interests of the parties to the employment contract and the state. The article confirms the tenor — the development of labor legislation — in the direction of reducing the limits of imperative legal regulation and increasing the role of contractual regulation, but with the obligatory preservation of the social function that is provided by the state.

Authors

Publication Details

Journal
Voprosy trudovogo prava (Labor law issues)
Published
2025-04-07
DOI
https://doi.org/10.33920/pol-2-2504-03
Primary Topic
Corporate Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

The dialectic of public law and contractual regulation of labor relations

Lyubov Lomakina
Voprosy trudovogo prava (Labor law issues)
Corporate Law and Human Rights
article

The dialectic of public law and contractual regulation of labor relations

Lyubov Lomakina
article en

Abstract

The article examines the dialectic of public law (imperative) and contractual regulation of labor and other directly related relations. The purpose of the study is to analyze the essence, meaning and limits of the imperative and contractual regulation of labor and other relations directly related to them, as well as the synergistic unity of the imperative and contractual methods of their regulation, which are aimed at achieving a balance between the interests of the parties to the employment contract and the state. The article confirms the tenor — the development of labor legislation — in the direction of reducing the limits of imperative legal regulation and increasing the role of contractual regulation, but with the obligatory preservation of the social function that is provided by the state.

Voprosy trudovogo prava (Labor law issues)(4)
Openalex Percentile: Top 88%
Corporate Law and Human Rights
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The dialectic of public law and contractual regulation of labor relations — Lyubov Lomakina · Voprosy trudovogo prava (Labor law issues) (2025) | TGRS Research Map | TGRS