Abstract

The article analyzes the nature of the abuse of Russian labor law, which is a special type of offenses in labor law – violation of the general principles of law and the principles of Russian labor law. The analysis of judicial acts is carried out, which uses the concept of “abuse of law” and criticizes scientific approaches based on legal positivism, as well as on the scientific discussion concept of integrative legal understanding, in which the abuse of labor law is revealed with the help of social regulators of public relations as unfair and unreasonable actions of subjects of labor law. 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 law enforcement should be carried out on the basis of legal regulators of labor relations, including on the general principles of law and the principles of Russian labor law.

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