SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2025. 1

Received on 12.12.2024; approved on 18.01.2025; accepted for publication on 29.01.2025


The concept and types of paradigms in labor law

Author(s)
Komkov Sergey Aleksandrovich
Abstract
It is noted that for the scientific analysis of labor law reality it seems necessary to use, along with other methods of cognition, the modeling method. It is indicated that the modeling method is closely related to the category of paradigm. It is noted that the paradigm of labor law can be understood as a scientific model of legal cognition of social and labor relations and labor law norms. It is argued that the use of the modeling method allows us to formulate the existing patterns and features of the development of the content of norms and the architectonics of modern labor law in Russia. The opinion is reflected that failure to take into account the objective features of the development of social, including industrial, relations in the content of legal norms contributes to legal nihilism on the part of the same employers, and also entails various violations by employers in relation to the labor rights and interests of employees. An example of an outdated legal structure for determining the labor function of an employee is given. It is indicated that the content of the paradigm of labor law is closely related to its ideology. It is argued that the influence of ideology on the paradigm of labor law has undergone serious changes depending on the characteristics of the political regime that operated at a certain historical stage of the development of the Russian state. It is concluded that in modern Russian practice of applying labor law norms, the paradigm of administrativeism has not lost its significance. Thus, in many organizations, the optimal system of local regulatory legal acts either does not exist at all, or collective bargaining regulation is only formal. It is noted that the legislator, guided by purely opportunistic, subjective interests of employers, owners of the means of production, significantly limited the rights of employees and their representatives, primarily trade unions, in managing the organization and protecting the labor rights of workers. The conclusion is substantiated that the study of the technological paradigm of labor law will reveal not only subjective, but also objective grounds for improving labor legislation.
Keywords
labor law paradigm, technological paradigm of labor law, method of scientific modeling, ideology of labor law, paradigm of administrativeism, paradigm of labor contract, paradigm of single labor legal relationship, paradigm of labor-law partnership relations
About the Authors
Komkov Sergey Aleksandrovich – Candidate of Juridical Sciences, Associate Professor, Associate Professor of the Department of Civil Law, Law Institute, Irkutsk State University (1, K. Marx st., Irkutsk, 664003, Russian Federation), ORCID: 0000-0002-6039-8386, RSCI Author ID: 702349, Researcher ID: ADT-0539-2022, e-mail: misterkomkоv@mail.ru
For citation
Komkov S. A. Ponyatie i vidy paradigm v trudovom prave [The concept and types of paradigms in labor law] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2024, no 1(108), pp. 72–77. – DOI 10.26516/2071-8136.2025.1.72 (in Russian)
UDC
349.222
DOI
https://doi.org/10.26516/2071-8136.2025.1.72
References
1. Agashev D.V. O probleme formirovaniya instituta sdelok v trudovom prave Rossii [On the problem of forming the institution of transactions in Russian labor law]. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo [Herald of Tomsk State University. Law], 2012, no. 2, pp. 55-66. (in Russian)

2. Andreev I.D. O metodax nauchnogo poznaniya [About the methods of scientific knowledge]. Moscow, Science Publ., 1964, 184 p. (in Russian)

3. Demidov N.V. Administrativizm kak paradigma sovetskogo trudovogo prava [Administrativism as a paradigm of soviet labor law]. Aktualnye problem rossijskogo prava [Actual problems of russian law], 2017, no. 4, pp. 102-109. (in Russian)

4. Diveeva N.I. Dogovornye osnovy trudovogo prava Rossii [Contractual foundations of Russian labor law]. Barnaul, ASU Publ., 1999, 154 p. (in Russian)

5. Diveeva N.I., Nogajlieva F.K. O sdelkax v trudovom prave i prave socialnogo obespecheniya [On transactions in labor law and social security law]. Ezhegodnik trudovogo prava [Yearbook of Labor Law], 2023, pp. 106-118. (in Russian)

6. Komkov S.A. K voprosu ob otraslevoj prirode trudovogo dogovora (pamyati professora V.M. Lebedeva) [On the issue of the sectoral nature of the employment contract (in memory of Professor V.M. Lebedev)]. Akademicheskij yuridicheskij zhurnal [Academic Law Journal], 2023, no. 4, pp. 514-521. (in Russian)

7. Komkov S.A. Ponyatie texnologicheskoj paradigmy` rossijskogo trudovogo prava [The concept of the technological paradigm of Russian labor law]. Sibirskij yuridicheskij vestnik [Siberian Law Herald], 2018, no. 2, pp. 50-55. (in Russian)

8. Komkov S.A. Sroki v trudovom prave Rossijskoj Federacii [Terms in the labor law of the Russian Federation]. Irkutsk, ISU Publ., 2006, 138 p. (in Russian)

9. Lebedev V.M., Voronkova E.R., Melnikova V.G. Sovremennoe trudovoe pravo (Opyt trudopravovogo komparativizma). Kniga pervaya [Modern labor law (Experience of labor law comparativism). The first book]. Moscow, Statute Publ., 2007, 301 p. (in Russian)

10. Glinskij B.A., Gryaznov B.S., Dynin B.S., Nikitin E.P. Modelirovanie kak metod nauchnogo issledovaniya (gnoseologicheskij analiz) [Modeling as a method of scientific research (epistemological analysis)]. Moscow, MSU Publ., 1965, 248 p. (in Russian)

11. Slovar russkogo yazyka [Dictionary of the Russian language]. In 4 vol. Ed. A.P. Evgeniev. Moscow, Russian language Publ., 1981, 702 p. (in Russian)

12. Shtoff V.A. Rol modelej v poznanii [The role of models in cognition]. Leningrad, LSU Publ., 1963, 126 p. (in Russian)


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