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Development and development of labor law: how to promote unity of private and public beginners<\/strong><\/p>\n\n\n\n<\/div>\n\n\n\n
Nina Getmantseva<\/strong>
Ukraine<\/p>\n\n\n\n<\/div>\n\n\n\n
Abstract
<\/strong>The article is devoted to the historical digression of the formation and development of labour law as an independent branch of law. It is noted that not dip into the history of the issue, it is impossible to find that heredity, terminology, views that originated and manifested itself in the formation of labour law as a field and its basic institution \u2014 the employment contract. The scientists explained the complex structure of labour law as a field, including in the labour relations of the employer and the worker. Supervisory relationships and the relations on consideration of labour disputes. The main problem was the problem of the labor contract (work agreement, contract industrial worker). The establishment of Soviet labour law as an independent branch was not so much a consequence of the tendency of the allocation of the employment contract of civil law, as the attempt of the bolsheviks to create a new socialist law, which was fundamentally different from the bourgeois. In the Soviet legal system historically there was no distinction between private and public law, as this fact was not included in the plans of the bolsheviks. Further the new economic and political realities, legislative changes have caused the transformation of ideas about the method of legal regulation of labor. The specificity of the social relations that constitute the subject of labor law, largely determines the features of the method of their legal regulation. For labour relations, this specific feature is the combination of private and public started. It is concluded that labour law as a branch of law is a manifestation of the unity of private and public started. The focus is that the emergence of labor law, with its Central institution of the \u00ablabor contract\u00bb related to the justification of labor as a special object of legal regulation, which does not fit into the framework of civil construction recruitment of labor, as different from any object of civil rights. It is the special nature of the work and its specificity, which is inseparable from personality, has resulted in the emergence of a new branch of law. In addition, labor law is seen as \u00abthe symbiosis of private and public\u00bb elements, with its fundamental principles (not in name but in content), which had evolved historically and is characteristic only of this branch of law.<\/p>\n\n\n\nKeywords: <\/strong>private law, public law, labor law, civil law, labor contract, labor relations, state regulation, contractual regulation, state, method of labor law<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"Theory and practice of intellectual property\u2116 4 \/ 2018 ISSN (Print) 2308-0361ISSN (Online) 2519-2744 DOI: https:\/\/doi.org\/10.33731\/42018.159160 Published \u00a0\u00a0\u00a0\u00a0\u00a02018-07-27 Development and development of labor law: how to promote unity of private and public beginners Nina GetmantsevaUkraine AbstractThe article is devoted to the historical digression of the formation and development of labour law as an independent branch […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-10979","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/pages\/10979","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/comments?post=10979"}],"version-history":[{"count":2,"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/pages\/10979\/revisions"}],"predecessor-version":[{"id":10981,"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/pages\/10979\/revisions\/10981"}],"wp:attachment":[{"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/media?parent=10979"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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