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CURRENT PROBLEMS OF PROTECTION OF THE LABOR RIGHTS OF CITIZENS WORKING WITHOUT EXECUTION OF LABOR CONTRACTS

JUDICIAL AUTHORITY AND PRACTICE


F.N. BAGAUTDINOV, A.A. MIKHAYLOV

F.N. BAGAUTDINOV,
Doctor of Legal Sciences,
Head of the Department of Prosecutor’s Supervision over the Execution of Laws
in the Operational-Search Activity and the Participation of the Prosecutor in Criminal Proceedings
of the Kazan Law Institute (Branch) of the University of the Prosecutor’s Office
of the Russian Federation

A.A. MIKHAYLOV,
Senior Lecturer of the Department of Prosecutor’s Supervision over the Execution of Laws
in the Operational-Search Activity and the Participation of the Prosecutor in Criminal Proceedings
of the Kazan Law Institute (Branch) of the University of the Prosecutor’s Office
of the Russian Federation

DOI: 10.24031/2226-0781-2019-9-3-253-262

The authors research topical issues of protection of labor rights of citizens who worked without
proper registration of labor relations with the employer. The prosecutor has the right and the
duty to defense the labor rights of citizens: among other statements, the prosecutor has the
right to appeal to the court in defense of these rights, freedoms and legitimate interests and
other directly related relationship. Violations of labor rights of workers are quite common. As
a rule, claims of prosecutors are based on complaints from citizens, who did not form labor
relations. When complaints are received, the prosecutor must conduct an appropriate check
and take the necessary measures of the prosecutor’s response first, if the labor rights of the
citizen have not been restored, the prosecutor must apply with a claim in court, in the interests
of the employee. It is important to note that the prosecutor should strive to restore the rights
and legitimate interests of a particular employee, as well as to ensure the interests of the state.
The authors analyze the judicial practice and formulate proposals for the improvement of
legislation and law enforcement.

Keywords: labor contract; protection of labor rights of the employee; labor protection legislation;
timely payment of wages; representation of the prosecutor; claim of the prosecutor.

Information about the author

Bagautdinov F.N. (Kazan, Russia) – Doctor of Legal Sciences, Head of the Department
of Prosecutor’s Supervision over the Execution of Laws in the Operational-Search
Activity and the Participation of the Prosecutor in Criminal Proceedings of the Kazan
Law Institute (Branch) of the University of the Prosecutor’s Office of the Russian Federation
(41 Moscow St., Kazan, 420111, Russia; e-mail: fler5858@mail.ru);

Mikhaylov A.A. (Kazan, Russia) – Senior Lecturer of the Department of Prosecutor’s
Supervision over the Execution of Laws in the Operational-Search Activity and
the Participation of the Prosecutor in Criminal Proceedings of the Kazan Law Institute
(Branch) of the University of the Prosecutor’s Office of the Russian Federation
(41 Moscow St., Kazan, 420111, Russia; e-mail: Mikhailov.prok@mail.ru).

Recommended citation

Bagautdinov F.N., Mikhaylov A.A. Current Problems of Protection of the Labor
Rights of Citizens Working Without Execution of Labor Contracts. Herald of Civil
Procedure, 2019, vol. 9, no. 3, p. 253–262. (In Russian). https://doi.org/10.24031/2226-
0781-2019-9-3-253-262

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