Intersectoral problems of qualification of labor law violations as administrative offences in Russia
https://doi.org/10.52468/2542-1514.2025.9(2).57-66
Abstract
The subject. The article discusses certain problematic issues of bringing to administrative responsibility within the framework of the general staff under Article 5.27 of the Russian Code of Administrative Offences for violation of labor legislation. The subject of the branch of labor law is very mobile, it already partially affects issues of employment, education, and certain aspects of ensuring national security. Consequently, the application of administra- tive responsibility for violations of these norms should be organized by extending it to both obvious violations and complex cases of intersectoral regulation affecting the world of work or certain aspects of its functioning.
The purpose of this work is a comprehensive analysis of a number of norms of the Russian Code of Administrative Offences concerning violations of workers' labor rights, based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. In the process of achieving the goal and solving the tasks set, the general scientific dialectical method of cognition was used, as well as logical, systematic, historical, comparative legal and formal legal methods.
In the course of the study, the authors conclude that it is necessary to regulate in more detail the provisions on administrative responsibility for labor offenses and the legislative changes proposed by the authors, since compliance with and application of these standards directly affects the normal development of the production process and the economy as a whole.
Conclusion. Administrative penalties have a positive impact on law enforcement and contrib- ute to the prevention of labor offenses by employers and their representatives. Restrictions in the field of state control and supervisory activities, which began in 2020 in connection with the pandemic, largely slowed down the development of legislation on administrative respon- sibility for labor offenses. But the time for change has already come, so labor legislation and legislation on administrative responsibility need to be improved in the very near future.
About the Authors
M. A. Drachuk
Dostoevsky Omsk State University
Russian Federation
Russian Federation
Maria A. Drachuk – PhD in Law, Associate Professor, Head, Department of Labor and Social Law
55a, Mira pr., Omsk, 644077
AuthorID: 314506
G. N. Obukhova
Dostoevsky Omsk State University
Russian Federation
Russian Federation
Galina N. Obukhova – PhD in Law, Associate Professor; Associate Professor, Department of Labor and Social Law
55a, Mira pr., Omsk, 644077
AuthorID: 778128
References
1. Vasilyeva Yu.V., Drachuk M.A. Relations included in the subject of labor law: the current state and the need for changes. Vestnik Permskogo universiteta. Yuridicheskie nauki = Perm University Herald. Juridical Sciences, 2024, no. 4 (66), pp. 625–644. DOI: 10.17072/1995-4190-2024-66-625-644. (In Russ.).
2. Vasilyeva Yu.V., Shuraleva S.V. On the formation and current status of the paradigms of russian labor law and social security law. Vestnik Permskogo universiteta. Yuridicheskie nauki = Perm University Herald. Juridical Sciences, 2018, iss. 41, pp. 454–477. DOI: 10.17072/1995-4190-2018-41-454-477.
3. Grishkovets A.A. Administrative liability for offenses related to labor relations in view of the coming adoption of a new Administrative Offense Code of the Russian Federation. Administrativnoe pravo i protsess = Administrative Law and Process, 2020, no. 10, pp. 32–37. (In Russ.).
4. Matuzov N.I., Mal’ko A.V. Theory of the state and law, Textbook, 3rd ed. Moscow, Delo Publ., 2009. 528 p. (In Russ.).
5. Kozlov M.Yu. Administrative law, Textbook. Moscow, Yurist Publ., 1999. 320 p. (In Russ.).
6. Yakovlev V.F. On the systematic application of law. Vestnik Vysshego Arbitrazhnogo suda Rossiiskoi Federatsii, 2007, no. 3, pp. 4–10. (In Russ.).
7. Nadeev R. Legislative mistakes. Rossiiskaya yustitsiya, 2001, no. 5, pp. 20–22. (In Russ.).
8. Nozdrachev A.F. The content of the Institute of Administrative and Legal regulation of Economic relations, in: Instituty administrativnogo prava, Moscow, 1999, pp. 94–99. (In Russ.).
9. Drachuk M.A. Competence of the employer on the issue of adoption of local regulations. Ezhegodnik trudovogo prava, 2022, no. 12, pp. 92–107. DOI: 10.21638/spbu32.2022.108. (In Russ.).
10. Popov L.L. (ed.). Administrative law, Textbook, 2nd ed. Moscow, Yurist Publ., 2005. 703 p. (In Russ.).
11. Pshizova E.N. Some issues of administrative responsibility of the employer for violation of labor legislation in the light of recent amendments to the Administrative Code of the Russian Federation. Uspekhi sovremennoi nauki, 2016, vol. 7, no. 12, pp. 140–143. (In Russ.).
12. Rossinsky B.V. Administrative responsibility in the field of labor relations, Selected works. Moscow, NORMA Publ., INFRA-M Publ., 2016. 592 p. (In Russ.).
13. Drachuk M.A. Subjects of labor law, Monograph. Omsk, Omsk State University Publ., 2009. 336 p. (In Russ.).
14. Salikova N., Batukhtina E. Peculiarities of a notary’s labor law status. Rossiiskoe pravo: obrazovanie, praktika, nauka = Russian Law: Education, Practice, Researches, 2018, no. 5, pp. 31–37. (In Russ.).
15. Vinnizky A.V. On necessity of legislative fixation of institute of public-law legal persons. Zhurnal rossiiskogo prava = Journal of Russian Law, 2011, no. 5, pp. 81–90. (In Russ.).
16. Panov A.B. Administrative responsibility of legal entities, Monograph. Moscow, Norma Publ., 2013. 192 p. (In Russ.).
17. Knyazev S.D., Aranovskiy K.V., Danilov Yu.M. Administrative offences law (constitutional prospects of codification). Pravoprimenenie = Law Enforcement Review, 2020, vol. 4, no. 3, pp. 123–138. DOI: 10.24147/25421514.2020.4(3).123-138.
18. Osintsev D.V. Administrative responsibility, Textbook. Moscow, Yurait Publ., 2019. 399 p. (In Russ.).
19. Nosova Yu.B. Administrative responsibility for violations of labor legislation: raising the question of the need to employers’ protecting. Vestnik Voronezhskogo gosudarstvennogo universiteta. Seriya: Pravo = Proceedings of Voronezh State Universiti. Series Law, 2017, no. 4, pp. 183–192. (In Russ.).
20. Obukhova G.N. The procedure for holding an employee accountable for non-fulfillment or improper fulfillment of their work duties, Monograph. Omsk, Omsk State University Publ., 2018. 172 p. (In Russ.).
Review
For citations:
Drachuk M.A., Obukhova G.N. Intersectoral problems of qualification of labor law violations as administrative offences in Russia. Law Enforcement Review. 2025;9(2):57-66. https://doi.org/10.52468/2542-1514.2025.9(2).57-66
Views:
53
Email this article 