Hybrid legal regimes: problems of employment

   The article is devoted to the study of a special type of special mixed temporary, including – on a limited territory, intersectoral (interdisciplinary) legal regime, forced to promptly form by the state in response to a threat of large-scale violation of the rights of citizens and state security that was not predicted in advance and not provided with regulatory legal means of counteraction, called a hybrid legal regime. A hybrid legal regime is a type of mixed, but the latter consists of ordinary and special regimes, territorially and temporally localized, limiting the rights of a relatively small number of citizens. The use of mixed regimes does not require prompt adjustment of the regulatory framework. Mixed regimes operate periodically, hybrid ones – one after another, intersecting in time at least by their individual elements. We can talk about a significant time period of hybrid legal regimes – until the completion of the processes of deglobalization and technological transition, stabilization of economic, social and political blocks and relations. A transitional legal regime can be hybrid if it meets the features identified in the course of the study. At the same time, the transitional legal regime for regulating labor relations, which ended in general with the adoption of the Labor Code of the Russian Federation, corresponding to the requirements of the market economy, was not hybrid. During the construction based on the Western model of legal regulation of labor in Russia, there were mistakes and deliberate deviations, but there was no legal and goal-setting uncertainty, legal norms were borrowed through the prism of the existing model or created taking into account local experience. In the modern transition, in the absence of final and intermediate verified models, it is necessary to quickly create or borrow rules from different regimes and quickly, without practical testing on a limited scale, use them in the constructed model. From this point of view, the hybrid legal regime, although outwardly similar to the experimental, but in essence, being forced to be applied in the absence of other (non-experimental) potentially effective sets of legal means, is not such. When developing basic sectoral federal laws in the context of hybrid legal regimes, it is necessary to carefully predict the results of their impact on public relations in the long term. It is advisable to avoid changing basic industry regulations by resorting to special legal regulation, and if this rule is not followed, be prepared to revise the rules introduced on an accelerated basis in the future. In the context of employment and social protection, the study made it possible to substantiate the conclusion that the foundation elements of hybrid legal regimes should be institutions based on traditional spiritual and moral values enshrined in the Constitution of the Russian Federation, which historically determined the emergence of labor law as an independent private-public sector, extending them to new forms of labor organization: institutions of labor protection, social insurance and social partnership.

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