Механизм закрепления принципов российского и армянского трудового права (сравнительно-правовой анализ)

Abstract

A comparative analysis of the mechanism for securing the principles of labor law in Russia and Armenia is carried out. Proceeding from the positivist legal understanding, the author understands the principles of labor law as the normatively enshrined in the text of the Constitution and / or the Labor Code, the initial ideas underlying the regulation of labor and closely related social relations. The design of fixing the principles of labor law in the sectoral legislation of Russia and Armenia is recognized as quite successful. Despite the fact that the legislator of both states explicitly states in the relevant articles of codified acts in the field of labor relations that only the basic principles are set out there, in reality there are no other (non-basic) principles of labor law, except for those enshrined in them, as well as constitutional general legal principles. When classifying the principles of labor law, their specificity is revealed in comparison with the principles of a number of other branches of law. When classifying the principles of law according to the sphere of legal regulation, it turns out that neither Russian nor Armenian law has intersectoral principles of labor law, but only general legal and sectoral principles proper. When classifying the principles of labor law according to the source of their consolidation, it is noteworthy that the principles of the second group (constitutional principles of labor law, duplicated in sectoral legislation) include only one principle — the principle of freedom of labor.