Effectiveness of Legal Regulation in the Field of Ensuring Employment and Social Protection of the Unemployed in the Russian Federation
Table of contents
Share
QR
Metrics
Effectiveness of Legal Regulation in the Field of Ensuring Employment and Social Protection of the Unemployed in the Russian Federation
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Tatyana Guseva 
Occupation: Professor at the Department of Civil Law
Affiliation: North-West Branch, Russian State University of Justice
Address: St. Peterburg, Russia
Julia Klepalova
Occupation: Associate Professor at the Department of Civil Law
Affiliation: North-West Branch, Russian State University of Justice
Address: St. Peterburg, Russia
Edition
Pages
54-69
Abstract

Solving the problems of ensuring employment of the population is an important task of the state socio-economic policy. The tension of the situation on the labor market, the public demand for increased social protection of the unemployed necessitates the study of the effectiveness of legal regulation of employment.

The purpose of the study is to study the effectiveness of legal regulation of relations in the field of employment promotion in Russian Federation. The objectives of the study are indicated: identification of approaches to understanding efficiency in legal science; study of employment legislation based on a normative approach, identification of the goals of legal regulation and assessment of the effectiveness of their achievement; taking into account the sociological approach, assessment of the level of consistency in the legal regulation of employment of the interests of labor market participants.

The methodological basis of the study was made up of general scientific (dialectical, logical, systematic, analysis and synthesis) and special (comparative legal and formal legal) methods.

The chosen approach to assessing the effectiveness allowed us to identify the main goals of legal regulation of employment — promoting the realization of citizensʼ rights to full, productive and freely chosen employment and social protection from unemployment and to determine whether they are achieved within the existing mechanisms of legal regulation. It is revealed that the reasons for the inefficient operation of the norms, the failure to achieve the goals for which they were introduced, are due to the lack of coordinated interests of labor market participants. Proposals have been developed to improve federal and regional employment legislation.

Keywords
efficiency of legal regulation, legal understanding, employment, unemployment, quotas, social protection
Date of publication
29.08.2023
Number of purchasers
12
Views
143
Readers community rating
0.0 (0 votes)
Cite Download pdf
1

References



Additional sources and materials

1. Fatkullin F. N., Chulyukin L. D. Social value and effectiveness of the legal norm. Kazan', 1977. 117 p. (In Russ. ) 
2. Zhinkin S. A. Problems of ensuring the effectiveness of law and legislation. Krasnodar, 2008, 209 p. (In Russ. ) 
3. Bobotov S. V., Kazimirchuk V. P. The effectiveness of law as a form of social control. In: N. F. Kuznetsova, I. B. Mikhaylovskaya (eds). The effectiveness of the application of the criminal law. Moscow, 1973, pp. 11—26. (In Russ. ) 
4. Tikhomirov Yu. A. Efficiency of Law: from Purpose to Result. Journal of Russian Law, 2009, no. 4, pp. 3—9. (In Russ. ) 
5. Tikhomirov Yu. A., Emelyantsev V. P. (eds). Efficiency of legislation: questions of theory and practice. Moscow, 2015. 331 p. (In Russ. ) 
6. Zalepukin A. A. Problems of effectiveness of Russian legislation. Cand. diss. Saratov, 2000. 233 p. (In Russ. ) 
7. Malko A. Efficacy of legal regulation. Pravovedenie. 1990, no. 6, pp. 61—67. (In Russ. ) 
8. Abramova A. A. The effectiveness of the mechanism of legal regulation. Barnaul, 2005. 206 p. (In Russ. ) 
9. Varlamova N. V. Effectiveness of legal regulation: rethinking the concept. Pravovedenie, 2009, no. 1, pp. 212—232. (In Russ. ) 
10. Kozhokar' I. P. Efficiency of law in the terminological apparatus of the theory of law. Vestnik Permskogo universiteta. Yuridicheskie nauki, 2020, iss. 48, pp. 196—225. (In Russ. ) DOI: 10. 17072/1995-4190-2020-48-196-225. 
11. Petrov K. V. Sources and forms of law in Soviet jurisprudence. Leningradskiy yuridicheskiy zhurnal, 2009, no. 2, pp. 23—33. (In Russ. ) 
12. Kudryavtsev V. N., Nikitinskiy V. I., Samoshchenko I. S., Glazyrin V. V. Effectiveness of legal regulations. Moscow, 1980. 280 p. (In Russ. ) 
13. Nikitinskiy V. I. Efficiency of labor law norms. Moscow, 1971. 247 p. (In Russ. ) 
14. Kozlov V. A. On the question of the concept of the effectiveness of law. Vestnik Leningradskogo universiteta, 1972, iss. 1, pp. 109—114. (In Russ. ) 
15. Lapaeva V. V. Sociology of law. 2nd ed. Moscow, 2020. 336 p. (In Russ. ) 
16. Punchenko S. I. Social efficiency of law in modern Russia (theoretical aspect). Cand. diss. thesis. Krasnodar, 2016. 22 p. (In Russ. ) 
17. Baytin M. I. Essence of law (modern normative legal understanding on the verge of two centuries). Moscow, 2005. 416 p. (In Russ. ) 
18. Zhinkin S. A. On the influence of psychological factors on the effectiveness of legal norms. Yurist”-Pravoved”, 2007, no. 6(25), pp. 74—76. (In Russ. ) 
19. Reutov V. P. Types of law understanding and the issue of the law sources and forms. Vestnik Permskogo universiteta, 2010, iss. 2(8), pp. 54—70. (In Russ. ) 
20. Varlamova N. V. Non-positivistic concept of legal dogmatist: naming the problem. Rossiyskoe pravosudie, 2007, no. 10, pp. 4—14. (In Russ. ) 
21. Kapelyushnikov R. I. General and registered unemployment: what are the reasons for the gap? Moscow, 2002. 48 p. (In Russ. ) 
22. Guseva T., Klepalova J. Harnessing the Power of Labour Law and Social Security Law to Achieve the Goal of Formalizing Labour Markets in the BRICS Countries. BRICS Law Journal, 2022, vol. 9, no. 2, pp. 94—120. DOI: 10. 21684/2412-2343-2022-9-2-94-120. 
23. Mikhaylovskaya G. N., Zanin A. N. University graduate and employment problems. Territoriya nauki, 2012, no. 1, pp. 96—99. (In Russ. ) 
24. Aydarova I. A. Problem of employment of youth on a labor market. Gumanitarnye nauchnye issledovaniya, 2014, no. 6. (In Russ. ) 
25. Andreeva N. S. The problem of youth employment. Vestnik molodezhnoy nauki, 2017, no. 3. (In Russ. ). 
26. Tuchkova E. G. The civil constitutional right to protection against unemployment and legal guarantees of its exercising. Trudovoe pravo v Rossii i za rubezhom, 2021, no. 2, pp. 38— 41. (In Russ. ) 
27. Malko A. V., Puzikov R. V. (eds). Consistency and effectiveness of legal acts in modern Russia. Tambov, 2011. 426 p. (In Russ. )

Comments

No posts found

Write a review
Translate