The nature of the abuse of Russian labor law
- Authors: Voronov I.Y.1
-
Affiliations:
- Russian State University of Justice
- Issue: No 5 (2023)
- Pages: 85-93
- Section: LABOUR LAW. SOCIAL SECURITY LAW
- Submitted: 24.01.2026
- Accepted: 24.01.2026
- Published: 14.05.2023
- URL: https://ogarev-online.ru/2072-909X/article/view/375597
- ID: 375597
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Abstract
The article analyzes the nature of the abuse of Russian labor law, which is a special type of offenses in labor law – violation of the general principles of law and the principles of Russian labor law. The analysis of judicial acts is carried out, which uses the concept of “abuse of law” and criticizes scientific approaches based on legal positivism, as well as on the scientific discussion concept of integrative legal understanding, in which the abuse of labor law is revealed with the help of social regulators of public relations as unfair and unreasonable actions of subjects of labor law. The author’s conclusions and proposals are formulated from the position of the scientifically grounded concept of integrative legal understanding. In particular, it is concluded that law enforcement should be carried out on the basis of legal regulators of labor relations, including on the general principles of law and the principles of Russian labor law.
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About the authors
Igor’ Yu. Voronov
Russian State University of Justice
Author for correspondence.
Email: trudpravo@rsuj.ru
Candidate of Science (Law), Associate Professor, Associate Professor of the Department
Russian Federation, MoscowReferences
- Ofman, E. M., Dulatova, N. V. Abuse of law from the standpoint of civil law and labor law. Vestnik Yuzhno-ural'skogo gosudarstvennogo universiteta. Ser.: Pravo = Bulletin of the South Ural State University. Series: Right. 2019;19(1):60-66. (In Russ.)
- Ershov, V. V. The emergence and development of regulators of actual public relations and legal relations. Rossijskoe pravosudie = Russian Justice. 2022;(1):5-16. (In Russ.)
- Ershov, V. V., Polyakov, M. B. Emanation of law. Rossijskoe pravosudie = Russian Justice. 2023;(1):5-20. (In Russ.)
- Ofman, E. M. Abuse of law in the mechanism of exercise of rights and performance of duties by subjects of labor relations. Journal of Russian Law. 2022;(7):85-101. (In Russ.)
- Voronov, I. Yu. Balance of rights and legal interests of an employee and employer in the regulation of hidden labor relations. Rossijskoe pravosudie = Russian Justice. 2022;(5):60-73. (In Russ.)
- Ershov, V. V., Ershova, E. A. Special principles of Russian labor law. Rossijskoe pravosudie = Russian Justice. 2019;(3):5-13. (In Russ.)
- Voronov, I. Yu. Classification of the fundamental principles of Russian labor law from the standpoint of legalism and integrative legal understanding. Rossijskoe pravosudie = Russian Justice. 2012;(5):71-86. (In Russ.)
- Ershov, V. V. Regulation of legal relations. Monograph. Moscow: Russian State University of Justice; 2020. 564 p. (In Russ.)
- Ershova, E. A. The essence, sources and forms of labor law in the Russian Federation. Monograph. Moscow: Russian Academy of Justice; 2008. 452 p. (In Russ.)
- Ershov, V. V. Legal relations: emergence and regulation. Pravosudie/Justice. 2022;4(1):8-27. (In Russ.)
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