TY - JOUR

T1 - О сделках в трудовом праве и праве социального обеспечения

AU - Дивеева, Нелли Ивановна

AU - Ногайлиева, Фатима Курмановна

PY - 2023

Y1 - 2023

N2 - The institution of transactions, having gone through a long path of evolution and filling with meanings, has acquired in modern law the quality of a universal means of regulating social relations. The universality and practicality of transactions as a legal means has tangible manifestations in any branch of law, forming, to one degree or another, the distinctive characteristics of the method and mechanism of legal regulation. The essence and place of transactions (and contracts as their varieties) continues to be the subject of discussion, the importance of transactions as legal facts in many industries is underestimated and needs additional scientific analysis. In this article, the authors raise the question of the nature and place of transactions in the system of legal facts, as well as sources of law in labor law and social security law. Using the example of the branches of labor law and social security law, the authors prove that transactions are among the universal general legal means that do not have an exclusively civil law binding. At the same time, the legal regulation of this tool varies from industry to industry. In labor law, the understanding of a transaction as one of the legal means contributes to the formation and development of an employment relationship not as a confrontational relationship, but as a relationship of cooperation, a consensual relationship. Due to the lack of legal equality between the subjects of social security law, their rights and obligations cannot be fully determined by the contract. However, the tendency to expand contractual regulation demonstrates the significant impact of private law on many social security relations (state social assistance, social services, non-state social security).

AB - The institution of transactions, having gone through a long path of evolution and filling with meanings, has acquired in modern law the quality of a universal means of regulating social relations. The universality and practicality of transactions as a legal means has tangible manifestations in any branch of law, forming, to one degree or another, the distinctive characteristics of the method and mechanism of legal regulation. The essence and place of transactions (and contracts as their varieties) continues to be the subject of discussion, the importance of transactions as legal facts in many industries is underestimated and needs additional scientific analysis. In this article, the authors raise the question of the nature and place of transactions in the system of legal facts, as well as sources of law in labor law and social security law. Using the example of the branches of labor law and social security law, the authors prove that transactions are among the universal general legal means that do not have an exclusively civil law binding. At the same time, the legal regulation of this tool varies from industry to industry. In labor law, the understanding of a transaction as one of the legal means contributes to the formation and development of an employment relationship not as a confrontational relationship, but as a relationship of cooperation, a consensual relationship. Due to the lack of legal equality between the subjects of social security law, their rights and obligations cannot be fully determined by the contract. However, the tendency to expand contractual regulation demonstrates the significant impact of private law on many social security relations (state social assistance, social services, non-state social security).

KW - сделка

KW - правовые средства

KW - юридический факт

UR - https://www.mendeley.com/catalogue/bc11995c-2fec-3b94-8d63-63b4cecf0712/

U2 - 10.21638/spbu32.2023.107

DO - 10.21638/spbu32.2023.107

M3 - статья

VL - 13

SP - 106

EP - 118

JO - Ежегодник трудового права

JF - Ежегодник трудового права

SN - 2218-9483

ER -