Article | Methodological Problems of Borrowing of International and Foreign Experience of Legal Regulation of Labor Relations |
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Authors | Lushnykov A., Lushnykova M. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 3-4 / 2013 |
Pages | 251 - 257 |
Annotation | The article describes the methodological problems associated with borrowing of international and foreign experience of legal regulation of labor relations. Analysis of the features of such borrowing in the Romanic-Germanic and Anglo-Saxon legal systems is given. Analyzed is the complexity arising in the process of such borrowing. It is concluded that these problems can not be resolved outside of the sociological (functional) approach. The authors defined value of international standards for labor rights in the mechanism of legal borrowing. In the article are also represented some accents on the legal limits of the borrowing of foreign experience of legal regulation of labor relations. Legal borrowing is defined as the process of borrowing by the national legal system of legal values, norms, institutions, procedures, and other foreign and international elements of legal systems based on the level of economic and social development of the state, its historical traditions, legal mentality, legal culture. The authors examined the integrating role of international labor law, as well as the forms of its manifestation. The authors' conclusions are illustrated by the law-making practices of the Russian Federation. |
Keywords | methodology, labor relations, international labor rights standards, reception, integration. |
References | |
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