The Nature of Gaps in Russian Legal Acts on Labor and Labor Law

Abstract

The nature of gaps in Russian legal acts on labor and labor law is analyzed, the analysis of scientific points of view on the nature of gaps in labor law is carried out. The article criticizes scientific approaches based on legal positivism, as well as on the scientific and debatable concept of integrative legal understanding, in which the nature of gaps in labor law is traditionally revealed using the terms “labor legislation”, “labor law norms”, as well as social regulators of actual social relations and moral categories. The author’s conclusions and proposals are formulated from the position of the scientifically grounded concept of integrative legal understanding. In particular, it is concluded that the real gaps exist not in labor law, but in national legal acts in the field of labor. There is usually no gap in labor law if there are principles and norms of labor law applicable to the disputed legal situation contained in the unified system of forms of labor law implemented in the Russian Federation. The author’s proposals for changing certain norms of the Labor Code of the Russian Federation are formulated.