Distortion of the Traditional Russian Model of Labor Law As a Private-Public Branch of Law
Introduction. The article establishes the reasons for the distortion of the role of the public component in the traditional Russian model of labor law as a private-public sector, and determines the ways to eliminate the problem. Methodology. The methods of analysis, synthesis, formal-legal, comparative-historical and comparative-legal methods of interpretation of legal acts are used. Results. Using the example of civil and the history of the formation of labor law, the reasons for changing the subject of traditional and the emergence of new branches in the context of changing technological structures are studied. The theory of labor relations as private-public is studied. Assumptions are formulated about the future transformation of private and public law in the context of changing the economic paradigm of society. The strengthening of the role of the public component in existing and emerging new social branches of law is substantiated. In the absence of a basic economic need to change legal regulation in traditional sectors of the economy, the assertion is substantiated about the inefficiency of regulating relations associated with the use of personal labor in promising types of production organization by means of civil law. The widespread use of the principle of differentiation of legal regulation of various contracts in labor law will to a greater extent protect the rights of the parties to the relationship in the new emerging methods of organizing labor, characteristic of the future technological order, as well as ensure the public interest. Conclusion. In the structure of scientific specialties that has developed in domestic science, scientists in the field of labor law will be distributed among different councils, subject to increasing influence of either specialist in private or public law. As a result of the primitivization of the nomenclature of scientific specialties, the failure to include private-public councils in it will lead to the disappearance of private-public branches over time, replacing their methodology with private law. At the same time, such legal regulation will come into conflict with the basic economic needs conditioned by the organization of production and labor.
Authors
- Sergey Yu. Chucha (ORCID: https://orcid.org/0000-0001-5771-6323)
Publication Details
- Journal
- Herald of Omsk University Series Law
- Published
- 2025-09-03
- DOI
- https://doi.org/10.24147/1990-5173.2025.22(3).56-64
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00