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An Employee’s Liability for the Disclosure of Trade Secrets
This work is primarily dedicated to a comprehensive theoretical and legal study of the employee’s liability for the disclosure of trade secrets in the Russian labor law. Since the concept of the “commercial secret” itself is relatively new, not only for this branch of law, but also for the Russian legislation as a whole, the author pays special attention to studying the content and legal nature of a commercial secret as one of the legally protected types of secrets in Russia; conducts a detailed analysis of the employee’s obligation to maintain the confidentiality of a trade secret; tries to establish the main types of an employee’s liability for the disclosure of trade secrets in the framework of labor relations and after the termination of an employment contract. Despite the existence of legal rules regulating an employee’s liability for disclosing commercial secrets in such normative legal acts as the Labor Code of the Russian Federation and the Federal Law “On Commercial Secrets”, the author still makes an effort to figure out what imperfections and gaps exist in the current Russian legislation related to the legal protection of commercial secrets in labor relations, referring in some cases to the experience of foreign countries of different legal families.