Social dialogue in Russia: constitutionalization and expanding the legal content of the concept
The subject of research is the concept of social dialogue in labor and relations directly related to them that was enshrined by Russian Constitution for the first time in Russian history in 2020.The purpose of article is to confirm or disprove hypothesis that the constitutionalization of social dial...
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2021-10-01
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| Series: | Правоприменение |
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| Online Access: | https://enforcement.omsu.ru/jour/article/view/538 |
| _version_ | 1826564488914010112 |
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| author | S. Yu. Chucha |
| author_facet | S. Yu. Chucha |
| author_sort | S. Yu. Chucha |
| collection | DOAJ |
| description | The subject of research is the concept of social dialogue in labor and relations directly related to them that was enshrined by Russian Constitution for the first time in Russian history in 2020.The purpose of article is to confirm or disprove hypothesis that the constitutionalization of social dialogue, the unprecedented expansion of the legal content of the concept to a much wider range of social relations (that are no longer associated exclusively with the social and labor sphere) requires a new definition of the social significance of social dialogue, its connection with other social processes and institutions.The methodology of research is formal legal and logical interpretation of Russian Constitution and labor legislation, analysis of the academic publications concerning labor law.The main results, scope of application. The constitutionalization of social dialogue requires to identify it’s interrelation with other social processes and institutions - economic, political and social solidarity, social responsibility of business, civil society, the social state. The author tries to trace the transformation of the conceptual apparatus, content and regulatory framework of social dialogue and develops recommendations for improving its legal regulation.Based on the analysis of the practice of applying articles of the amended Russian Constitution, it is proposed to amend Art. 23 of Russian Labor Code. At the same time, the content of the elements of this system of social dialogue in the field of labor relations will be disclosed in articles of the second and thirteenth sections of Russian Labor Code. It is proposed to amend the normative acts adopted in accordance with the Russian Labor Code containing the appropriate terminology. Normative acts of social dialogue (sectoral tariff agreements and collective agreements), the effect of which is limited in time, can be updated simultaneously with the planned measures for the development and conclusion of relevant acts for the future period.Conclusions. Ensuring the implementation of the principles of social dialogue is entrusted by the Constitution to the Government of the Russian Federation. The content of these principles is disclosed in the norms of the Labor Code of the Russian Federation. With the entry into force of amendments to the Constitution, these scientifically grounded and legislatively enshrined principles do not need a radical revision based only on the very fact of the appearance of the corresponding constitutional provision. At the same time, the work on their analysis and filling with new legal meaning based on the rule-making and current law enforcement practice is not excluded and can be useful. |
| first_indexed | 2024-04-10T01:23:52Z |
| format | Article |
| id | doaj.art-6da3c766c62a42ffb26945e0352d6016 |
| institution | Directory Open Access Journal |
| issn | 2542-1514 2658-4050 |
| language | Russian |
| last_indexed | 2025-03-14T10:20:40Z |
| publishDate | 2021-10-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Правоприменение |
| spelling | doaj.art-6da3c766c62a42ffb26945e0352d60162025-03-02T11:08:29ZrusDostoevsky Omsk State UniversityПравоприменение2542-15142658-40502021-10-015324926110.52468/2542-1514.2021.5(3).249-261332Social dialogue in Russia: constitutionalization and expanding the legal content of the conceptS. Yu. Chucha0Institute of State and Law of the Russian Academy of SciencesThe subject of research is the concept of social dialogue in labor and relations directly related to them that was enshrined by Russian Constitution for the first time in Russian history in 2020.The purpose of article is to confirm or disprove hypothesis that the constitutionalization of social dialogue, the unprecedented expansion of the legal content of the concept to a much wider range of social relations (that are no longer associated exclusively with the social and labor sphere) requires a new definition of the social significance of social dialogue, its connection with other social processes and institutions.The methodology of research is formal legal and logical interpretation of Russian Constitution and labor legislation, analysis of the academic publications concerning labor law.The main results, scope of application. The constitutionalization of social dialogue requires to identify it’s interrelation with other social processes and institutions - economic, political and social solidarity, social responsibility of business, civil society, the social state. The author tries to trace the transformation of the conceptual apparatus, content and regulatory framework of social dialogue and develops recommendations for improving its legal regulation.Based on the analysis of the practice of applying articles of the amended Russian Constitution, it is proposed to amend Art. 23 of Russian Labor Code. At the same time, the content of the elements of this system of social dialogue in the field of labor relations will be disclosed in articles of the second and thirteenth sections of Russian Labor Code. It is proposed to amend the normative acts adopted in accordance with the Russian Labor Code containing the appropriate terminology. Normative acts of social dialogue (sectoral tariff agreements and collective agreements), the effect of which is limited in time, can be updated simultaneously with the planned measures for the development and conclusion of relevant acts for the future period.Conclusions. Ensuring the implementation of the principles of social dialogue is entrusted by the Constitution to the Government of the Russian Federation. The content of these principles is disclosed in the norms of the Labor Code of the Russian Federation. With the entry into force of amendments to the Constitution, these scientifically grounded and legislatively enshrined principles do not need a radical revision based only on the very fact of the appearance of the corresponding constitutional provision. At the same time, the work on their analysis and filling with new legal meaning based on the rule-making and current law enforcement practice is not excluded and can be useful.https://enforcement.omsu.ru/jour/article/view/538constitutionsocial partnershipsocial dialoguesocial solidaritylabor lawprinciples of lawprinciples of social partnershiplabor code |
| spellingShingle | S. Yu. Chucha Social dialogue in Russia: constitutionalization and expanding the legal content of the concept Правоприменение constitution social partnership social dialogue social solidarity labor law principles of law principles of social partnership labor code |
| title | Social dialogue in Russia: constitutionalization and expanding the legal content of the concept |
| title_full | Social dialogue in Russia: constitutionalization and expanding the legal content of the concept |
| title_fullStr | Social dialogue in Russia: constitutionalization and expanding the legal content of the concept |
| title_full_unstemmed | Social dialogue in Russia: constitutionalization and expanding the legal content of the concept |
| title_short | Social dialogue in Russia: constitutionalization and expanding the legal content of the concept |
| title_sort | social dialogue in russia constitutionalization and expanding the legal content of the concept |
| topic | constitution social partnership social dialogue social solidarity labor law principles of law principles of social partnership labor code |
| url | https://enforcement.omsu.ru/jour/article/view/538 |
| work_keys_str_mv | AT syuchucha socialdialogueinrussiaconstitutionalizationandexpandingthelegalcontentoftheconcept |