ON THE FORMATION AND CURRENT STATUS OF THE PARADIGMS OF RUSSIAN LABOR LAW AND SOCIAL SECURITY LAW

О ФОРМИРОВАНИИ И СОВРЕМЕННОМ СОСТОЯНИИ ПАРАДИГМ РОССИЙСКОГО ТРУДОВОГО ПРАВА И ПРАВА СОЦИАЛЬНОГО ОБЕСПЕЧЕНИЯ
Yu. V. Vasilyeva, С. В. Шуралева
2018-01-01

Russian labor lawcomparative-legal methodhistorical contextlegal paradigmssocial security law
Introduction: the article examines the paradigms of labor law and social security law at the present stage.Purpose: to identify the features of the modern paradigms of Russian labor law and social security law, to determine the conditions that contributed to their development.Methods: the methodological framework of the research is based on the universal, general scientific methods, as well as some special methods (system-structural, formal-legal, comparative-legal, historical ones).Results: based on the scientific understanding of the paradigm, the authors conclude that the concept of paradigm is applicable in law.At the same time, there are a number of features characteristic of the legal paradigm: the major role of external factors in the crisis of a legal paradigm; the possibility of the existence of a paradigm of law in general and paradigms of different branches; the factor of "time lag", historical context, multiparadigmality.Based on the analysis of the existing points of view and definitions, the authors define the paradigm of labor law as a system of fundamental concepts, laws, principles, values reflecting the essence of Russian labor law at a certain historical stage, which manifests itself in its tasks, functions, specific features of the subject and method, principles, sources, as well as in the legal consciousness and law enforcement.The factors that influenced the development of the paradigms of labor law and social security law are considered.The authors suggest that the modern paradigm
1
Legal paradigms are shaped by external factors, historical context, time lags, and the possibility of multiparadigmatic development.
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The authors define the labor-law paradigm as fundamental concepts, laws, principles, and values expressing Russian labor law at a particular historical stage.
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The concept of a scientific paradigm is applicable to law, including general legal paradigms and paradigms of specific branches.
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The labor-law paradigm is manifested through legal tasks, functions, subject matter, method, principles, sources, legal consciousness, and law enforcement.
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The study identifies factors that influenced the formation and development of contemporary Russian labor-law and social-security-law paradigms.

Russian labor law and social security law

The formation, development factors, and current features of their legal paradigms

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2018-01-01
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Yu. V. Vasilyeva
С. В. Шуралева
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