The Role of State Supervision and Control Over Compliance with Labor Legislation in Establishing a Balance of Interests Between the Parties to Labor-State Relations
- 作者: Buyanova M.O.1
-
隶属关系:
- Financial University under the Government of the Russian Federation
- 期: 卷 15, 编号 3 (2025)
- 页面: 176-181
- 栏目: New issues in law
- URL: https://journals.eco-vector.com/2223-0092/article/view/687904
- DOI: https://doi.org/10.33693/2223-0092-2025-15-3-176-181
- EDN: https://elibrary.ru/THWVTX
- ID: 687904
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详细
The article analyzes the activities of bodies that carry out supervision and control over compliance with labor legislation. Special attention is paid to the Federal Service for Labor and Employment and its territorial divisions, the State Labor Inspectorate (GIT). It is noted that in the current conditions, the activities of the GIT have changed due to the introduction of a moratorium on inspections. The introduction of a moratorium should be considered as a tool of state policy aimed at optimizing the interaction between the subjects of labor and public law relations, and demonstrates the state’s desire to adapt regulatory mechanisms to extraordinary challenges while maintaining the functionality of economic processes. Reducing administrative pressure on businesses by suspending scheduled inspections allows employers to reallocate resources and focus on overcoming the crisis, from transitioning to remote work to adapting to sanctions restrictions. At the same time, maintaining the possibility of unscheduled inspections in exceptional cases, such as systemic delays in paying salaries, ensures the protection of workers’ rights and prevents a complete abandonment of control. This approach reflects the principle of proportionality in regulation, where the balance between freedom of entrepreneurship and protection of labor rights is achieved through the differentiation of intervention measures. The emphasis on prevention rather than total control indicates the state’s recognition of the ability of businesses to self-regulate in stable conditions, minimizing the costs for both employers who must divert resources to formal compliance and the state, which spends resources on ineffective inspections. Based on an analysis of the activities of the Prosecutor’s Office, the Social Fund of Russia, as well as the Rostekhnadzor and Rospotrebnadzor bodies, it can be concluded that the current system of supervision and control over compliance with labor legislation in Russia is a multi-level mechanism that includes both specialized bodies (the Federal Service for Labor and Employment, the State Labor Inspectorate) and general supervision institutions (the Prosecutor’s Office of the Russian Federation), as well as agencies that perform related functions within their competence. Despite the wide range of powers, the key role belongs to Rostrud, which directly regulates labor relations through inspections, complaints, and the use of enforcement measures. However, the risk-based approach, which is enshrined in legislation, significantly limits the scope of control activities, turning them into selective and sporadic inspections, which reduces the preventive effect and does not guarantee comprehensive protection of workers’ rights. Nevertheless, the interaction between agencies, including information exchange and coordination, allows for a comprehensive approach to identifying violations.
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作者简介
Marina Buyanova
Financial University under the Government of the Russian Federation
编辑信件的主要联系方式.
Email: mobuianova@mail.ru
ORCID iD: 0000-0003-4911-0406
SPIN 代码: 6233-9777
Researcher ID: M-7863-2016
Dr. Sci. (Law); Professor
俄罗斯联邦, Moscow参考
- Maslova A. Control measures of the GIT: What a HR specialist should be prepared for. HR Department of an Enterprise. 2024. No. 7. Pp. 27–35. (In Rus.)
- Sapfirova A.A. Protection of workers’ labor rights by the federal labor inspectorate. Monograph. Moscow: Prospect, 2017. 143 p.
- Sukhovskaya M.G. Moratorium on tax audits, but there are exceptions. Glavnaya Kniga. 2020. Pp. 8–82. (In Rus.)
- Tretyakov S.V. Subjective right as an interest. Interpretation of the category of subjective (private) law. Bulletin of Civil Process. 2020. No. 4. Pp. 5–4. (In Rus.)
- Trinzo I.N. Prosecutor’s supervision over compliance with the legislation on the labor rights of citizens of the Russian Federation. Dis. ... Cand. Sci. (Law). Moscow, 2009. 251 p.
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