Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislation

The article analyzes certain provisions of the Labor Code of 1922, which determined the vector of development of labor legislation in the period of changing political, economic and social conditions. The need for adopting the Labor Code in 1922 was caused by the transition of the Soviet state to a n...

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Main Author: Dmitrii A. Lepyoshin
Format: Article
Language:English
Published: Peoples’ Friendship University of Russia (RUDN University) 2022-12-01
Series:RUDN Journal of Law
Subjects:
Online Access:https://journals.rudn.ru/law/article/viewFile/32972/21436
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author Dmitrii A. Lepyoshin
author_facet Dmitrii A. Lepyoshin
author_sort Dmitrii A. Lepyoshin
collection DOAJ
description The article analyzes certain provisions of the Labor Code of 1922, which determined the vector of development of labor legislation in the period of changing political, economic and social conditions. The need for adopting the Labor Code in 1922 was caused by the transition of the Soviet state to a new economic policy. Since 1922, an accelerated process of updating labor legislation began. Some of the norms underlying the Labor Code of 1922 and the Labor Code of 1971 have been reflected and developed in the current Labor Code of the Russian Federation, e.g., the rules on terminating employment contract by parties’ agreement, differentiation in the legal regulation of labor, labor discipline, and others. The article investigates the legal position of the Constitutional Court of the Russian Federation, which had an important impact on the development of sectoral legislation, including, on recognizing part 1 of Article 392 of the Labor Code of the Russian Federation regarding the period for applying for moral damage compensation as contradicting the Constitution. Explaining the provisions of labor legislation, the Supreme Court of the Russian Federation also pays attention to the enforcement of provisions on compensation for moral damage in labor disputes. The article analyzes amendments to Article 263 of the Labor Code of the Russian Federation, allowing to conclude that those labor law norms continue to be updated.
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spelling doaj.art-e5780ed8d22742a4af1c046251e96bba2022-12-29T09:20:19ZengPeoples’ Friendship University of Russia (RUDN University)RUDN Journal of Law2313-23372408-90012022-12-0126484586010.22363/2313-2337-2022-26-4-845-86021118Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislationDmitrii A. Lepyoshin0https://orcid.org/0000-0001-5198-0860Peoples’ Friendship University of Russia (RUDN University)The article analyzes certain provisions of the Labor Code of 1922, which determined the vector of development of labor legislation in the period of changing political, economic and social conditions. The need for adopting the Labor Code in 1922 was caused by the transition of the Soviet state to a new economic policy. Since 1922, an accelerated process of updating labor legislation began. Some of the norms underlying the Labor Code of 1922 and the Labor Code of 1971 have been reflected and developed in the current Labor Code of the Russian Federation, e.g., the rules on terminating employment contract by parties’ agreement, differentiation in the legal regulation of labor, labor discipline, and others. The article investigates the legal position of the Constitutional Court of the Russian Federation, which had an important impact on the development of sectoral legislation, including, on recognizing part 1 of Article 392 of the Labor Code of the Russian Federation regarding the period for applying for moral damage compensation as contradicting the Constitution. Explaining the provisions of labor legislation, the Supreme Court of the Russian Federation also pays attention to the enforcement of provisions on compensation for moral damage in labor disputes. The article analyzes amendments to Article 263 of the Labor Code of the Russian Federation, allowing to conclude that those labor law norms continue to be updated.https://journals.rudn.ru/law/article/viewFile/32972/21436labor lawlabor codelabor contractlabor disciplinedifferentiationcompensation for moral damagesuccessionconstitutional court of the russian federationsupreme court of the russian federation
spellingShingle Dmitrii A. Lepyoshin
Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislation
RUDN Journal of Law
labor law
labor code
labor contract
labor discipline
differentiation
compensation for moral damage
succession
constitutional court of the russian federation
supreme court of the russian federation
title Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislation
title_full Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislation
title_fullStr Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislation
title_full_unstemmed Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislation
title_short Continuity of ideas of the Labor Code of the RSFSR of 1922 by Soviet and post-Soviet labor legislation
title_sort continuity of ideas of the labor code of the rsfsr of 1922 by soviet and post soviet labor legislation
topic labor law
labor code
labor contract
labor discipline
differentiation
compensation for moral damage
succession
constitutional court of the russian federation
supreme court of the russian federation
url https://journals.rudn.ru/law/article/viewFile/32972/21436
work_keys_str_mv AT dmitriialepyoshin continuityofideasofthelaborcodeofthersfsrof1922bysovietandpostsovietlaborlegislation