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Local Normative Act as a Source of Labor Law

Student: Shakhnazarov Edgar

Supervisor: Olga Karpenko

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

Abstract to the final qualifying work on the topic "Local normative act as a source of labor law" by the student of the group BYUR-173 Shakhnazarov Edgar Rubenovich The local normative act is one of the sources of labor law, which has recently become particularly important, and there are more and more of them. At the same time, it is fair to call this source of legal regulation of labor one of the most controversial, since it has a certain ambivalence. On the one hand, this form of regulation of labor and other directly related relations can be called one of the most promising at the moment, since the regulatory legal acts are dominated by dispositive and democratic principles, they largely meet the interests of the parties to the regulated legal relationship, and also contribute to the decentralization of public administration in the field of labor. On the other hand, there is also a usurpation of the power of the employer due to the adoption of an excessive number of local regulations and relatively unlimited opportunities for their introduction. As a result, the focus of legal regulation shifts from legal norms to local ones. In this regard, it is necessary to find a balance of interests, rights and obligations of the parties to the legal relationship, so that the local normative act as a source can be most effectively applied. This, in turn, requires the parallel elimination of a number of gaps and conflicts in modern labor legislation. In order to do this, it is necessary to first analyze the concept of a local normative act, its place in the system of sources of labor law, the types and procedure of adoption. As a result of studying these issues, taking into account the specifics of local regulations, conclusions were drawn about the main changes that should be made to modern legislation to eliminate legal gaps and conflicts. The most significant ones include: the legislative consolidation of the concept of a local normative act, the expansion of the role of trade unions in local rule-making, the adoption of the norm on the responsibility of the employer for abuse of the right, the creation of a standard form of internal labor regulations, as well as a number of other changes. All these changes are due to various factors considered in the work.

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