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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Aliya Shayakhmetova
Delineation of Labor and Civil Law Relations
Legal Support of Personnel Management
(Master’s programme)
8
2018
In this research, the problem of distinguishing civil-law and labor relations is considered. Nowadays, due to the development of public relations, the boundary between civil-law and labor contracts is not so obvious. Therefore, some employers tend to hide labor relations under the guise of civil law in order to reduce their economic burden. However, there are also such relations in which even the subjects of legal relations be themselves find it difficult to determine to which form they refer.

Despite the criteria set by the International Labor Organization for the allocation of labor relations, as well as the existence of similar criteria in Russian legislation, there are no general laws governing the determination of the relationship of the legal relationship to labor or civil law in the domestic practice of law enforcement. In this regard, the need has been established for the systematization of Russian law enforcement practice on this issue in a single normative act.

The research also considers the institution of the presumption of labor legal relations in the existence of unavoidable doubts in the qualification of legal relations. Proceeding from the analysis of foreign practice on this issue, instead of presumption, it was suggested at the legislative level to consolidate the possibility of existence of "border" relations governed partly by labor, partly civil law.

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