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  • Labor Discrimination in Russia and in the European Union: Legal Issues on the Effectiveness of Law and Enforcement Practices

Labor Discrimination in Russia and in the European Union: Legal Issues on the Effectiveness of Law and Enforcement Practices

Student: Kurtaeva Kamila

Supervisor: Olga Y. Pavlovskaya

Faculty: Faculty of Law

Educational Programme: Legal Support of Personnel Management (Master)

Final Grade: 9

Year of Graduation: 2020

This thesis provides a comparative analysis of legal norms and practices of the application of the Russian Federation and the European Union and individual Member States of the European Union in the field of prevention of human discrimination in the workplace on a number of grounds, including religious beliefs, political views, sexual preferences and gender identity, health status of the citizen. In addition, the study provides recommendations about fixing in the labor legislation of Russia a clearer definition of discrimination in labor relations and distinguishing it from related concepts. Various classifications of labor discrimination are considered. the conclusion is drawn about their scientific and educational orientation to a greater extent than practical orientation for fixing in the rule of law. The author examines the legal norms and law enforcement practice on the example of acts of the European Union and its individual Member States - Germany, France, Sweden. Despite the decision to withdraw from the European Union's structure, UK practice is also analyzed in the study because of its close association with the European Union standards. The study revealed an imperfection of the legal regulation of labor relations in terms of protecting citizens from discrimination on various grounds both in the Russian Federation and in the European Union. States are in the process of creating a comfortable social and economic environment and guaranteeing the observance of the rights and freedoms of citizens. Mutual cooperation and exchange of experience have a positive impact on increasing the level of protection of human rights and more effective enforcement process. The author has developed recommendations for amending legislation and law enforcement regarding protection of citizens from discrimination in labor relations. At the same time, it has been clearly demonstrated that legislative and enforcement reforms cannot lead to a positive result without changing the legal awareness of the people, including government officials and local authorities, as well as without instilling in the citizens of the country feelings of mutual respect, equality and tolerance for a neighbor. Only in conjunction with educational measures and the process of forming law-abiding behavior of individuals in a home and foreign country it can be possible to succeed in eradicating the phenomenon of human discrimination in labor relations.

Full text (added May 20, 2020)

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