Alexey Petrov 1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Labour Protection: A New Concept of Russian Labour Law

2016. No. 1. P. 58–71 [issue contents]
The labour law theory lacks a properly developed doctrine of the institute of legal protection (norms andsubinstitutes). Besides, there is no conceptual legal model for the institute of security and hygiene oflabour. The author attempts to complete the blank in legal science. The methodology of the paper is alegal theory as a fundamental regulator of public relations, doctrinal concept of the institute of labourprotection (safety and hygiene of labour) in Russian labour law. This is the first attempt in Russianlabour law to examine the institute of protection and hygiene of labour not only in terms of the currentapproaches but also the draft of the federal law On Security and Hygiene. The paper concludes that the institute of protection of law did not initially (in 1918) met the conceptual idea, content and purposeto promote to saving life and health of employee. Currently, it is not justified to include the instituteof Protection of Labour in part X of the Code. It is evident that the norms of ensuring life and healthof employees require revision in RF Labour Code part IV, i.e. following the institute of Labour agreement— the central concept in Russian labour law. It is paramount: 1) to give a new title to part X ofRF Labour Code, i.e. Security and Hygiene of Labour; 2) Art. 209 the Code determines the concept oflabour security and hygiene of labour; 3) to arrange in chapter X of RF Labour Code to regulate securityand hygiene of labour. Chapter X of RF Labour Code Security and Hygiene of Labour requires a brandnew content. Hence, all the legal doctrines — both Soviet and Russian — on the institute of labour protection await revision.
Citation: Petrov A. (2016) Okhrana truda: o novoy kontseptsii instituta trudovogo prava Rossii [Labour Protection: A New Concept of Russian Labour Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 58-71 (in Russian)
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