Правоприменение (Sep 2024)
Employment, labor and social protection in a hybrid enforcement regime
Abstract
The features of the hybrid law enforcement regime in the field of employment, labor and social protection are considered. Russia and the whole world have entered an era of turbulence, when customary and even emergency legal regimes that have been developed over decades do not allow us to respond effectively to challenges, regulate public relations and protect the rights and freedoms of legal entities in response to changes in the current situation. The traditional systematic approach to legal regulation using blocks of legislation formed in advance as a reaction to the situation changing in one direction or another often does not justify itself and each time requires a creative and individual, rather than template, approach from the law enforcement officer to the selection of used tools and norms of different legal regimes , which requires active rule-making to fill emerging gaps. Avoiding complex legal regulation adds originality to rulemaking and law enforcement in the early 2020s, the general direction of which is to accelerate the creation of rules of conduct in the field of labor, employment and social protection by increasing the role of the Government, speeding up the lawmaking process, expanding regional rulemaking, and giving greater legitimacy to the instructions of officials in comparison with documented acts. The legislator has consistently optimized the legal technique of preparing and adopting laws that meet the needs of operational support of a special military operation with labor legal means. The growth of regional rule-making in the field of social protection requires the elimination of shortcomings and unification at the federal level. A noticeable phenomenon was in a number of cases the replacement of written administrative acts with instructions from a senior official. The legal regimes formed in this way - aimed at countering the spread of the coronavirus COVID-19, accompanying the conduct of a special military operation, etc., can be called hybrid or constructed – assembled from various legal elements and do not form systems sufficient to achieve an integration-entropy balance. Moreover, for this design, elements of normatively established special legal regimes are used, which, however, have undergone significant transformation - a self-isolation regime instead of mandatory quarantine measures, special measures in the economic sphere instead of special economic measures established by presidential decree; mobilization – but partial. All this points to the 2020s as a period of hybrid law enforcement, when elements of other emergency regimes are used to construct the current law enforcement regime, but not in combination, while avoiding measures that entail a radical and total violation of civil rights and freedoms. At the same time, accelerated law-making clearly indicates that the array of norms that have been created over decades is insufficient to regulate the current agenda.
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