SOME CHALLENGES OF THE PRINCIPLES OF THE LEGAL INSTITUTION OF THE LIABILITY OF THE LABOR CONTRACT PARTIES

The article regards as the object of the research social relations in the field of labor, regulated by the norms of section XI of the Labor Code of the Russian Federation, which concretize and provide the principles of the legal institution of the liability of the labor contract parties, expressing its essence and content. Some problematic points of the principles of this institution, which do not contribute to increasing the level of the legal mechanism for regulating the liability of the employer and the employee are chosen as the subject of the study. At the same time the authors analyze the opinions of some labor law scientists, which determine the set of establishing principles of the institution studied in this article. The article also investigates challenges of their concepts, coming from inconsistency of the views of the mentioned researchers on this issue. The methodological basis of the research includes: General scientific dialectical method, universal scientific methods (system-structural, functional, methods of analysis and synthesis, induction and deduction), as well as special scientific methods (rather legal, juridical dogmatic). The novelty of the research is in the fact that for the first time in the science of labor law the principles of the Institute of liability of the employment contract parties are analyzed, and there are some challenging issues found out, which do not allow to reveal the essence of this institution to understand the content and purpose of the norms, which mediate relations in the field of financial liability of the employer and the employee. The main contribution of the authors to the study of the principles of this institution is the conclusion that they are not completely developed both in labor law and in the science of labor law due to the imperfection of the norms of section XI of the Labor Code of the Russian Federation. Therefore, the authors propose the improvement of labor legislation, whose implementation by the legislator will strengthen the legal protection mechanism of labor rights of employment contract parties in the case of their liability.

employee, employer, liability, legal institution, sub-institution, principles, issues