Domestic violence - how to protect yourself from a tyrant in the family?
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Domestic violence continues to be a common occurrence in Russia. Most often, women and children suffer from it. According to lawyers, Russian legislation does not provide effective protection against domestic violence. Most cases either do not reach the court, or end with the reconciliation of the parties, which does not at all guarantee that the domestic tyrant will not take up the old again.
Legal Instruction 9111.ru will tell you what a victim of domestic violence can do.
Where to apply?
Violence in the family can be physical and psychological and is usually classified under the following articles of the Criminal Code of the Russian Federation: 115 “Intentional infliction of minor bodily harm”, 116 “Beating”, 117 “Torture”, 119 “Threat to kill or cause grievous bodily harm”. The maximum punishment under these articles of the Criminal Code of the Russian Federation is quite serious, for example, under Art. 119 - deprivation of liberty for up to two years, however, such a measure of punishment cannot be applied if the crime was committed for the first time without aggravating circumstances. The issue of qualifications is decided based on the results of the audit in accordance with Art. 144 Code of Criminal Procedure
In accordance with Article 145 of the Code of Criminal Procedure of the Russian Federation, in order to initiate a criminal case under the above articles, the victim must apply directly to the Magistrate's Court, since these are cases of private prosecution. If a minor was injured, then you can contact the police or the prosecutor's office, and the investigator or interrogating officer will initiate the case.
The application must indicate the name of the court to which it is submitted; description of the event of the crime, place, time, as well as the circumstances of its commission; a request addressed to the court to accept the criminal case for proceedings; information about the victim, as well as documents proving his identity; data on the person brought to criminal responsibility; a list of witnesses to be summoned to court; signature of the person submitting it.
A certificate from the emergency room can be attached to the application, which confirms the fact of bodily injuries and the date of their infliction. The information in this certificate is checked during the verification under Art. 144 of the Code of Criminal Procedure of the Russian Federation, the results of which may serve as the basis for initiating a criminal case.
What evidence will be required?
It is good when there are witnesses who can confirm the information indicated in the application. However, their absence, as many erroneously believe, cannot be grounds for refusing to initiate a case, since when resolving this issue, the entire set of circumstances that are important must be assessed.
When preparing for the trial, justices of the peace are recommended to request information about the criminal record and bringing to administrative responsibility of the accused (defendants), certificates from narcology and psychiatric dispensary, characteristics from the place of residence and work. If the accused has previously been convicted of hooliganism or insult, and the case file records the fact of violent actions on his part, then this will serve as an additional basis for initiating a criminal case.
What is the complexity of domestic violence cases?
After filing the Application with the court, the justice of the peace explains to the applicant his right to reconciliation with the person in respect of whom the application has been filed. Statistics show that many cases end with reconciliation. Victims of domestic violence may want to close the case because of their unwillingness to “wash dirty linen in public”, because of threats from the accused, for fear for their life and health, for their children, and for material reasons - for fear of losing their source of income.
The problem is that these crimes are by virtue of Art. 15 of the Criminal Code of the Russian Federation for crimes of minor gravity. By virtue of Art. 56 In Ukraine, persons who have committed crimes of this category for the first time in the absence of aggravating circumstances cannot be sentenced to imprisonment. Therefore, such a person returns to the family again, already realizing his actual impunity for these actions. After all, even when a crime is committed again and brought to criminal responsibility, the court is not obliged to impose imprisonment, but may choose a different punishment within the framework of the sanction of the article. Relapse in this case No, because according to Art. 18 of the Criminal Code, when recidivism is recognized, crimes of minor gravity are not taken into account. As paradoxical as it sounds, the only real opportunity to temporarily isolate such a person - the appointment of an administrative arrest of up to 15 days for petty hooliganism, which is most often used by victims to protect their rights.
Therefore, in cases of domestic violence, it is desirable to record these facts by contacting the police for both administrative and criminal liability. If there is a repeated appeal to initiate a criminal case, it is worth insisting on imposing a sentence of imprisonment and appealing against the sentence in view of leniency, if in these cases a punishment not related to deprivation of liberty is imposed.
What else can be done?
There are also civil law mechanisms that are not directly intended for these purposes, but can be used to protect rights if there are children in the family. If the spouse who uses violence is the owner of the dwelling, then it is possible to file a claim for the recovery of alimony from him and on the basis of Art. 31 of the Civil Code of the Russian Federation to demand that the child and (or) spouse, if she receives alimony, be provided with other living quarters.
If the spouse who uses violence is the employer or a family member of the employer, then it is possible in court to deprive him of parental rights on the grounds of Art. 69 Srf and after demanding his eviction in view of the impossibility cohabitation with a child under Art. 91zhk rf.
You should know it
If you have become a victim of domestic violence, then first of all it is worth calling the police on 02, informing relatives and neighbors, who will later be able to testify in court, if necessary, ask them for asylum. All bodily injuries should be recorded in the emergency room, traces of the crime - torn clothes, blood prints, broken furniture - should be preserved. For help and advice, you can also contact the All-Russian helpline 8-800-7000-600
Image copyright Getty Images Image caption According to the Ministry of Internal Affairs, every year in Russia 600,000 women are subjected to partner violence.
The State Duma adopted in the first reading a bill on the decriminalization of beatings in the family. The document was supported by 368 deputies from United Russia, Just Russia and the Liberal Democratic Party, one person voted against and one abstained. The CPRF faction did not vote.
The draft law proposes to remove from Article 116 of the Criminal Code - "beatings" - the words "in relation to close persons" and thus remove from criminal liability beating relatives.
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According to the current legislation, beatings committed for the first time outside the family are an administrative offense, and within the family - a criminal one.
The document is likely to be adopted in an expedited manner: the term for submitting amendments to the second reading is limited to three days, while usually at least a month is allotted for this.
They changed their mind
The situation around criminal liability for family beatings has had several turns in the last six months - the government, parliament and the Supreme Court have several times reversed their decisions.
In June last year, the State Duma adopted a law decriminalizing a number of articles of the Criminal Code introduced by the Supreme Court. Those amendments were made administrative punishment for first time assault. However, for beatings against close relatives was introduced criminal liability. In the summer of 2016, the President signed this law.
Senator Yelena Mizulina immediately opposed the changes, saying they were "anti-family." She submitted a bill to the State Duma that proposed to exclude criminal liability for beatings in the family without causing harm to health and consider them administrative offense.
However, in October, the government commission on legislative activities did not support Mizulina's proposal. In its response, the government pointed out that criminal liability for beatings in the family was introduced in order to "timely identify and counter the facts of domestic violence, the unlawful behavior of parents and other persons prone to commit violent acts against loved ones." The commission also noted that in the explanatory note to the bill, Mizulina did not provide statistics that would confirm the need for the proposed amendments.
Image copyright RIA Novosti Image caption The main initiators of the new law were Senator Elena Mizulina (left) and State Duma deputy from United Russia Olga Batalina (right)But a month later, the position of the authorities changed again.
A group of United Russia deputies and senators, headed by Deputy Head of the United Russia General Council Olga Batalina, submitted to the State Duma a bill similar to Mizulina's proposal, the senator herself also signed it. The leadership of the "United Russia" then stated that the authorities again changed their position because of the resonance that had arisen around the problem.
"The law was adopted at the end of the session, we did not work enough with the society then ... But after the subsequent discussion in the society that we encountered in the elections, we felt that if the majority of the population does not support, then there is something to think about," - then the head of the faction Vladimir Vasiliev said.
In its response to the new bill, the government urged to finalize it, but generally supported it. "Saving the sanctions of Article 116 of the Criminal Code of the Russian Federation in its previous form will lead to consequences when a less serious act (beating) will be punished more severely than for a more serious one (intentional infliction of minor bodily harm), which contradicts the principle established in Article 6 of the Criminal Code of the Russian Federation justice," the government said in a statement.
And after that, the Supreme Court, on whose initiative criminal liability for beatings in the family was introduced in the summer, changed its mind and supported the bill. Moreover, the court's response to the new bill says that the plenum of the Supreme Court made a similar proposal, but it did not find support during the discussion of the summer law.
Mizulina and the public are indignant
The discussion of the document in Parliament was stormy. Senator Elena Mizulina ("Fair Russia") acted as a speaker on the bill at the plenary session of parliament on Wednesday. According to her, the "law on slaps" adopted in the summer violated several fundamental legal principles: fairness and proportionality of punishment, equality of citizens before the law and the court, and so on.
“The law forbade reconciliation in the family and forgiveness. But the ability to forgive is part of the national tradition, in particular, the Orthodox tradition. And in this sense, the “spanking law” has become an act of hatred towards the family,” Mizulina was indignant from the podium.
She stressed that attempts to reduce the discussion of this bill only to the question of who is in favor of domestic violence and who is against, cause her regret.
No matter how menacing the word "beating" may sound, it is in fact violence without harm to health and even violence without violence ... It is in this danger, with what ease that a criminal case can be initiated under Article 116, when no one needs to medical certificates, no expertise, and there is a danger of this article" Elena Mizulina, senator
"I affirm: there are no Russians who would be for domestic violence, because in the Russian traditional family culture, parent-child relations are built on the authority of parental authority and on the personal indispensability of children and parents," Mizulina said.
She gave an example. “Moscow, a 17-year-old girl, steals from her parents money that is set aside to cover interest on a mortgage loan and skips them. She returns home in the evening. What are the parents doing? Of course, swearing, and the mother slaps the girl in the face. "She runs to the police, they open a criminal case. The policeman comes to the house, everyone has already figured it out, reconciled, some of the money has been found, but it is impossible to stop the case. In addition, the parents are threatened that they will take away the youngest child - a son of five years old. And these are the families only now - 150 facts have been collected by the parent community," Mizulina was indignant.
According to her, in the current criminal code there are more than 60 compositions that provide for liability for violence, including in the family, and the wording "close persons" introduced in the summer is too vague.
The current law promotes the "cane" system in the police, Mizulina continued. “No matter how menacing the word “beating” may sound, it is in fact violence without harm to health and even violence without violence. For prosecution under Article 116, only the statement of the victim is sufficient, that is, for example, the statement of a child or a neighbor, or even an anonymous message. in this danger, with what ease can a criminal case be initiated under article 116, when neither medical certificates nor expertise are needed, and there is a danger of this article,” Mizulina believes.
MP from the Communist Party Oleg Smolin asked the senator how it happened that six months ago the majority of deputies voted for the bill, and today they are invited to adopt a completely opposite document. Mizulina replied that the document was adopted at the end of the session in the summer, in a hurry and "all [the deputies] were guided by each other."
Co-rapporteur on the bill, MP Olga Batalina, stressed that the document proposes to introduce the same responsibility for beatings for everyone and that it does not make beatings a socially approved action.
"Criminal responsibility has not made anyone more tolerant, kinder, and has not restored the destroyed relations between people," said Batalina. She added that administrative penalty- also quite severe punishment for beatings.
Communist Sergei Reshulsky was indignant at the fact that the deadline for submitting amendments to the second reading was only three days and asked to explain why there was such a rush. Batalina replied that the situation around family beatings is very acute and the parental community is indignant. Her colleague, deputy Olga Okuneva, co-author of the document, said that more than 200 thousand signatures of parents outraged by the summer bill were handed over to her.
"There is either a husband, or a groom, or no one"
Every year in Russia, 600,000 women are subjected to violence by a partner, according to statistics from the Ministry of Internal Affairs, United Russia deputy Oksana Pushkina from the Committee on Women and Children. She called for a discussion and revision at round tables with experts before the second reading of the bill. "As our president said, our national traditions - slapping or pulling hair - need to be changed," Pushkina argued.
After Pushkin's speech, her colleagues reproached her for using the word "partners". Vice Speaker Pyotr Tolstoy said the word was inappropriate. Deputy Vitaly Milonov joined him.
"We have husbands, suitors, as well as all sorts of incomprehensible forms - lovers, cohabitants. These are not partners, we have Russian legislation there is no such concept. There is either a husband, or a fiancé, or no one," Milonov said.
The Communist Party of the Russian Federation did not support the "pseudo-liberal" introduction of criminal liability for beatings in the family in the summer, said Yuri Sinelshchikov, first deputy chairman of the committee on legislation, speaking on behalf of the entire faction. But if the new bill is adopted, according to him, there will be a bias: “the father who, in a drunken stupor, grabbed the leg of a seven-month-old child that disturbed his sleep, threw him to the other end of the room, and the child escaped with bruises,” will avoid criminal liability.
Intervention in a family is unacceptable, and whoever interferes must weigh everything ten times, because this is a family" Vyacheslav Volodin, Speaker of the State Duma
Mizulina replied to the communist that beating babies is no longer an art. 116, but a much more serious crime, and also reminded him of 1917.
"To the Communists, I would like to say: a hundred years ago you already dealt a giant blow to the traditional family - the decree of December 18, 1917, which allowed marriage, allowed free divorces!" - the senator was indignant.
The exclusion of the words "close persons" from the text of the criminal article will not change the law enforcement practice in any way, said Sergey Ivanov, an LDPR deputy. According to him, there will still be a tyrant judge who will make unfair decisions, therefore, to change the situation, it is necessary to introduce the election of judges.
A Just Russia representative, Oleg Nilov, said that the faction would support the bill, but conceptually, and suggested that it be specified. According to him, it is necessary to separate the concepts of raising children and relationships between partners.
Vyacheslav Volodin, speaker of the State Duma, could not resist commenting.
"Interference in a family is unacceptable, and whoever interferes must weigh everything ten times, because this is a family," he said.
In the calendar for the consideration of issues of the State Duma until the end of January, the bill only indicates the date of consideration in the first reading, January 11. The date of the second reading has not yet been set.
Such a thing as “child abuse” should not exist at all in our lives, since not a single child can oppose anything to the strength and cruelty of adults. Nevertheless, cases of physical and psychological abuse of children in our time still occur, so everyone should be aware of the legal consequences that may result from such actions.
In accordance with Article 156 of the Criminal Code of the Russian Federation, child abuse is understood not only as the use of physical force, but also as failure to fulfill the obligations of raising children and creating comfortable living conditions for them. If a child is deprived of food, the most necessary things, or if the child lives in unsanitary conditions, all this can be considered cruel treatment.
The main reasons for such treatment are social in nature.
Cases of child abuse tend to occur in single-parent or low-income families. In addition, their occurrence is influenced by such factors as the absence of a permanent place of work for the parents of the child, the criminal past of any of the family members, the abuse of alcohol or drugs by the parents of the child, low level culture of family members and much more. If several of these factors are present in the family, the risk of child abuse increases significantly.
What is child abuse
The inadmissibility of child abuse is enshrined both at the international and national levels. Thus, according to Article 19 of the Convention on the Rights of the Child, all parties to the convention, including Russia, must take all possible measures to protect children from the use of any form of violence.
As for domestic legislation, responsibility for such actions is provided for in many areas: in criminal law, family law, administrative law, and others.
Abuse includes the following:
- beatings and other physical impact;
- depriving a child of food, water, use of other forms of bullying;
- the use of threats against the child;
- insulting the child and rude criticism of him;
- neglect of the interests of the child, humiliation of his dignity.
These are the main, but not all, examples of abuse.
The consequences of these actions for children can be the most deplorable.
For example, they can manifest themselves in the formation of negative life attitudes, in delays in physical and mental development, in a decrease in the ability to learn, in the loss respectful attitude to adults, as well as in serious changes in the psyche, which will be almost impossible to correct in the future.
Responsibility for child abuse under Article 156 of the Criminal Code of the Russian Federation
Article 156 of the Criminal Code of the Russian Federation defines criminal liability for non-performance (or improper performance) of the duties of raising a child by his parent or other person who is entrusted with the relevant functions. It can be a teacher, teacher or other employee educational organization or any other medical, social institution.
In accordance with this article, criminal liability occurs in the event that cruel treatment of children is combined with failure to fulfill the duties of raising them. At the same time, ill-treatment should be expressed in the commission of deliberate actions against a child.
So, if a child is subjected to beatings that do not entail a serious health disorder, the actions of the perpetrators must be qualified under Article 156 of the Criminal Code of the Russian Federation.
But if the child’s health has been severely or moderately harmed, such actions may require additional qualifications.
Article 156 of the Criminal Code of the Russian Federation provides for the imposition of a fine in the amount of up to 100 thousand rubles, or in the amount of the salary or other income of the convicted person for a period of up to one year.
In addition, the commission of actions falling under Article 156 of the Criminal Code of the Russian Federation may be punished by compulsory labor for up to 440 hours or by corrective labor for up to two years. In this case, the guilty person may be deprived of the right to occupy certain positions or perform certain types of activities for three to five years.
Every adult faces conflicts in the family, but often domestic quarrels turn into violence. Quite often, people tend to underestimate it, find excuses, or simply deny it. No one should live in fear of a loved one, the legislator takes this into account, but there is no article for domestic violence in the Criminal Code of the Russian Federation. The crime is qualified under Articles 111, 112, 115, 119 and 132 of the Criminal Code of the Russian Federation.
Domestic violence is a situation in which one of the spouses tries to lead the other, control his actions and force him to do something. Attempts to bring total control in the family can be carried out through physical or moral influence. Domestic violence occurs in couples of any age, economic and social level of life. In most cases, women become the victims of such relationships, due to the physical superiority of men. Often, verbal abuse and threats can be directed at a child - the weakest member of the family who cannot stand up for himself and answer.
The criminal law defines such types of domestic violence that entail liability:
- physical;
- sexual;
- economic;
- emotional.
Physical assault or physical violence is a direct impact on the victim, accompanied by regular beatings, bruises, kicks and injuries of other severity. Articles 111, 112 and 115 of the Criminal Code of the Russian Federation regulate physical violence in the family, depending on the level of severity of the injuries.
Physical violence also includes the failure to provide first aid and treatment, the so-called folk ways and religious prescriptions. An example of such a situation is the refusal to hospitalize a child due to the fact that the parents treat him with herbs or the refusal of a blood transfusion due to religious beliefs.
Articles 131 and 132 on domestic violence of a sexual nature define quite a serious punishment. Of course, it is quite difficult to prove that one of the spouses overdid it in “love”, but if a child turned out to be the object of violence, then this can be proved through a medical examination. Rape of a child and infringement of his sexual inviolability is classified as a particularly serious crime, and entails severe punishment.
There is also economic family violence. The article regulating this crime in the Criminal Code is designated at number 40. This type of impact consists in total control of expenses, a tightened distribution of funds among family members. Even a small child should have pocket money. To do this, he is not obliged to beg them or perform certain actions that damage his honor and dignity and, worse, public relations.
More often than other methods of influencing women and children, family tyrants choose emotional and psychological abuse. Proving this type of crime is the hardest thing, because the mental impact does not leave physical traces. Inflicted emotional trauma can only manifest itself in the future. For example, if the impact was on a child, then having matured, he will not be able to adapt in society and build normal relationships with other people. If the violence was directed at a woman, breaking off relations with the offender, it will be quite difficult for her to build a new family and trust citizens of the opposite sex.
Regulatedomestic violence articlesCriminal Code 129, 40, 130 and a number of other norms of the law, because emotional impact can manifest itself in different ways. A person can be threatened with physical violence, insulted, humiliated honor and dignity, and even exerted various kinds of pressure on him.
Signs of Domestic Violence
Being in constant fear and aggressive influence of the abuser, the victims often take the situation for granted, mistakenly believing that each family lives in its own way and faces similar problems. In reality, this is not so. Exists great amount signs that there is violence in your family, which should be stopped and punished.
Symptoms of domestic violence include:
- attempts by one of the family members to make the second financially dependent;
- instilling a constant sense of guilt;
- instilling fear through constant threats and intimidation;
- humiliation of dignity;
- blame for failure
- ignoring opinion;
- aggressive jealousy;
- displacement of bad mood;
- inattentive attitude to the feelings of a partner in the sexual area.
It is impossible to list all the signs of violence, because the relationship in each family is unique. Almost always, the aggressor is a strategist who thinks through his actions in advance. He tries to stop any resistance of the victim, does everything to limit her contact with other people. In his victim, the aggressor sees property, not a full-fledged person.
It is not uncommon for the rapist to use threats not only of physical harm, but also threaten to commit suicide if the victim tries to leave him. Afraid of becoming guilty of the death of a loved one, the victim remains a hostage of the situation, not wanting to stop the violence in any way.
Underage children suffer in constant disassembly of mother and father. And the legislator defends their interests in the first place. Children should not live in fear of their parents and endure constant humiliation and beatings. Most often in the Russian Federation there are situations when the violence of the father or stepfather against the child occurs in front of the mother. The woman, of course, feels sorry for her child, but being intimidated, she never goes to the police. Sometimes victims are afraid to go to the police, because they do not know what reaction to expect, they think that their statement will only further embitter the offender.
According to statistics, if you apply, employees law enforcement the tyrant will be punished, and next time he will think twice whether to put pressure on his loved ones and whether to engage in assault.
AT modern society there are even special institutions for women and children who have been subjected to domestic violence. There they can stay during the trial. This protects them from the retribution of the offender and allows them to forget about the experienced abuse.
Responsibility for the crime
Responsibility for domestic violence will differ depending on how it was carried out, as well as on the consequences that it had. If light physical violence was used, then the offender will be held liable in the form of a fine, forced labor or correctional labor. It is also likely that freedom will be limited to two years, as well as a prison sentence for the same period. The most severe punishment for moderate injuries is imprisonment or restriction of liberty for up to three years, as well as arrest for up to 6 months. If domestic violence has serious consequences, the perpetrator faces imprisonment for up to 8 years.
When choosing a measure of responsibility, the judge will take into account the circumstances of the crime - mitigating and aggravating. Violence against a minor is in itself an aggravating circumstance, therefore, punishment in a more severe form is provided for it. The same applies to violence after the abuse of alcohol and drugs.
Threats against oneself cannot be ignored, for them the Criminal Code also defines punishment in the form of a fine, arrest for up to six months, as well as restriction of freedom for up to 2 years. For an insult, the offender will pay a large fine and will be brought to compulsory work. Sexual violence is particularly severely punished, it entails a sanction in the form of imprisonment for up to 8 years if it is a spouse, and from 8 to 15 years if a minor has become the object of the violation.
Domestic violence must be punished, because it can have dire consequences in the form of disability of the victim and even death. You should not feel sorry for the domestic tyrant, his aggressive behavior is a conscious choice, rapists are excellent manipulators, they will behave impeccably, realizing that they have been cornered. Domestic abusers have excellent control over their behavior.
A person who once raised his hand to his wife and child will definitely repeat this, feeling his impunity. Don't tolerate this kind of attitude, and don't become a victim of a continuous cycle of bullying. Only you can break the vicious circle of violence by contacting the police in a timely manner.
The fundamental principle in labor law is the principle of freedom of labor. It is embodied in a variety of legal norms: starting with the emergence of labor relations and ending with their termination. Freedom of labor implies that only a citizen has the right to determine where he can demonstrate his own knowledge and abilities.
He has the right to enter into labor relations with the employer or independently carry out entrepreneurial or other economic activities not prohibited by law. The freedom to work also means the right not to do any work at all. Freedom of labor has nothing to do with discrimination and forced labor.
Conclusion 1
Thus, in accordance with Article 3 of the Labor Code, everyone has equal opportunities to exercise their labor rights.
Not a single worker is limited in labor rights and freedoms and does not receive any advantages, regardless of such qualities as:
- gender;
- race;
- color of the skin;
- nationality;
- language;
- origin;
- property, family, social and official status;
- age;
- place of residence;
- attitude towards religion;
- political beliefs;
- belonging or not belonging to public associations;
- other circumstances not related to the business qualities of the employee.
Establishment of distinctions, exclusions, preferences and restrictions on the rights of workers, determined by the requirements inherent in this type of work established by federal law, or determined by the government's special concern for persons who need increased social and legal protection, is not considered discrimination.
Example 1
For example, citizens applying for the position of a private security guard must obtain a certificate of the appropriate form. Mandatory requirements to obtain it: the presence of Russian citizenship, reaching the age of majority, the absence of a criminal record for intentional crimes, etc. Presenting the listed requirements is not considered discrimination, since these requirements are established by the Law of Russia of March 11, 1992 regarding private detective and security activities in Russia.
People who believe that they are discriminated against in the labor sphere have the right to apply to the judicial authority with an application to restore violated rights, compensate for material damage and compensate for moral damage.
In the Labor Code, the prohibition of discrimination in the labor sphere is singled out in a separate article. Thus, one of the basic principles in labor law is designated - non-discrimination in the sphere of labor and occupation, which is enshrined in the ILO Declaration on key principles and rights in the labor sphere. This Declaration is binding on the member states of the ILO, regardless of the ratification of specific conventions.
This right is also a basic principle labor law, which is expressed as follows: employees have the right to take direct part (in general meeting) or through their representative bodies (trade unions) in the regulation of labor relations and the use of normative rules.
In addition to the general wording, the principle of participation of employees in the management of the company is enshrined in specific articles that are devoted to social partnership (Article 27-31 of the Labor Code), decision-making by the employer after familiarization with the opinion of the trade union body (Article 371 of the Labor Code), the process of termination of the labor agreement according to the established the Labor Code on the grounds on which it is necessary to take into account the motivated opinion of the elected trade union body (Article 373 of the Labor Code), etc.
The Labor Code contains many dispositive norms, which reflect the tendency to expand contractual regulation, since for emerging market relations, contractual regulation of relations in the labor sphere becomes a priority in order to reconcile the interests of employees and employers.
This principle occupies a special place in the system of key principles legal regulation labor relations. It is based on all forms of protection for workers, in particular on:
- establishing the responsibility of the employer for violations of the law and other regulatory legal acts (Article 419 of the Labor Code);
- creation of specialized bodies for the state. control/supervision and departmental control over the observance of labor legislation and other regulatory legal acts that enshrine the norms of labor law (Article 353-369 of the Labor Code);
- compensation for damage caused to the employee as a result of the performance of his labor duties (Articles 184, 237 of the Labor Code);
- judicial protection of the rights of workers (Article 352 of the Labor Code), etc.
The right of workers to protect their own dignity in the process of work
Article 2 of the Labor Code sets out the mutual obligations of participants in an employment relationship. The duties of employees include the content of such a legal institution as labor discipline. The purpose of this legal institution is the following: employees must comply with the employer's internal labor regulations, conscientiously fulfill their obligations, which they voluntarily accepted when concluding an employment contract.
Remark 4
The obligations of employers are not set out in legal institution. But there are legal norms that impose certain obligations on employers in almost every section and chapter of the Labor Code (when implementing the terms of an employment agreement, observing working hours and rest periods, paying wages, labor protection, etc.).
The dignity of the employee in the process of carrying out labor activity is protected by compensation for material damage, in particular, if the reason for dismissal is incorrectly formulated in the work book, which offends the dignity of the employee.
Citizens' right to association
Article 2 of the Labor Code spells out the constitutional norm on the right of citizens to association. Employees and employers have the right to join associations in order to protect their own rights and interests. Workers usually unite in trade unions, the main purpose of which is to represent the interests of workers in relations with employers, state authorities, local government, and to protect their labor rights.
The right to compulsory social insurance of employees and their families
At the very end of Article 2 of the Labor Code, the principle is set out to ensure this right of workers. It is implemented in various regulatory legal acts that provide payments at the expense of state social insurance:
- temporary disability benefits;
- benefits for pregnancy and childbirth;
- childbirth allowance;
- allowances for caring for a child up to 1.5 years;
- pensions for old age, disability and loss of the breadwinner, and for some categories of workers - also pensions for years of service.
Conclusion 2The system of compulsory social insurance also provides for insurance against accidents in the implementation of production and occupational diseases. At the moment, it is carried out in accordance with the Federal Law of July 24, 1998, dedicated to the mandatory social insurance from industrial accidents and occupational diseases.
So, the principles from Article 37 of the Constitution and Article 2 of the Labor Code determine the key principles, the essential features of the content of the labor law and the general direction of development of its regulatory legal norms. Moreover, all these principles are reflected in the form of legal norms and are implemented in the form of rights, obligations and guarantees for the exercise of labor rights.