MODERN UNDERSTANDING OF THE HISTORY OF THE LABOR LAW SYSTEM IN THE LAW SYSTEM OF RUSSIA

Abstract

The modern concept of the labor law system of Russia is characterized, according to some authors, as a system of branch of labor law and a system of labor legislation, according to others, as a system of branch and a system of science of labor law, but there are other views on the content of this legal category. A gap and a problem of principle order is the absence of the proper definition of the concept of the system of labor law. In modern educational literature on the theory of state and law, an erroneous view has taken shape, according to which labor law as a branch of law belongs to private law. Based on the conclusions of M.V. Molodtsov, it is proposed to more fully understand the labor law system, which acts as a kind of “component” of the Russian law system, to characterize a system of branch, science of labor law and labor legislation as “subsystems” that act as part of the whole - the labor law system. In the history of Russia, these “subsystems” could act as parts of other systems, for example, the labor legislation system acted as a “subsystem” of mining law and police (administrative) law. The contract of employment (personal hiring) as a private law institution of civil law was included in the system of civil law, as well as mining and police (administrative) law, but in close connection with the mining and industrial (labor) legislation. Therefore, an employment contract (contract of hiring, personal hiring) in combination with factory, mining (labor) legislation was formed as a component of industrial (worker, labor) law during the Russian Empire. Thus, it should be recognized that the emergence of a system of labor (worker, industrial) law should be attributed not to the Soviet period, but to the period of the Russian Empire, the Provisional Government, whereas the components of the system of industrial (worker) law until 1917 could be considered as a summative system.