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SPECIAL RIGHTS OF EMPLOYEES ARISING FROM THE SPECIAL RIGHTS OF THE INDIVIDUALS ENSURED BY THE ADMINISTRATIVE LAW

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PDF: Author(s): Trofimov V. V.,
Number of journal: 4(49) Date: November 2019
Annotation:

In recent years, one of the directions of the labour law reform is the deepening of differentiation of the legal regulation of the labour relations while there is a steady tendency to increase the number of special rules of the labour law. The differentiation of the legal regulation of the labour relations is carried out mainly through the establishment of special rules governing the rights and obligations of the individual subjects of these relations. In this connection, the author draws the attention to the legal regulation of such category as special labour rights of employees arising from the administrative legislation. Examining the concept of “special rights of workers” and its legal content, the author concludes that it mainly comes from the administrative legislation and only later it is developed in the labour legislation, in the form of special rights of workers. In this connection, the author concludes that the special rights of employees are the part of a broader concept is the special rights of individuals, which are not regulated only by the labour but they are also by other branches of law, mainly administrative law. The article has raised the problem of lack of administrative and labour law is formulated for the definition of the “special rights of workers”, therefore, the proposed definition of the “special labour rights of workers”. That is based on the analysis of the content of the administrative legislation; the article presents the classification of the special labour rights of the employees are arising from the administrative legislation. Analyzing the administrative legislation is defining the special rights of employees; the author concludes that the administrative Code of Russian Federation considers the special rights of individuals from the institution of legal liability and the possibility of the deprivation of these rights in the Commission of the certain actions. The article also discusses the features of regulatory regulation of the certain types of deprivation of special rights in the administrative legislation. In conclusion, that is necessary to deepen and expand the rules on the special rights of workers which based on the existing provisions on the special rights of individuals.

Keywords:

special rights of workers, special rights of individuals, administrative law, license, right to drive a vehicle, the right to bear arms, the right to hunt; administrative violation, administrative punishment, deprivation of special rights.

For citation:

Trofimov V. V. Special rights of employees arising from the special rights of the individuals ensured by the administrative law. Business. Education. Law, 2019, no. 4, pp. 359–364. DOI: 10.25683/VOLBI.2019.49.455.