Positive Legal Responsibility in Labor Law
( Pp. 341-348)

Abstract: In the article, the object of the study is the relationship of labor responsibility arising between the parties to an employment contract in the process of production activity, consisting of its two independent types: disciplinary and material responsibility. The relevance of this work is emphasized by the increasing importance of legal responsibility in the conditions of further development of market relations, in particular, labor liability, which makes it necessary to conduct scientific research of this central institute of labor legislation. The subject of the study is the problems of legal positive responsibility in labor relations, the essence of which, according to some experts in the field of labor law, is that in addition to legal liability for an offense and in continuous connection with it, there is a legal positive responsibility. At the same time, the analysis of the judgments of jurists defending the idea of this responsibility at the level of the general theory of law, as well as the points of view of the labor scientists who supported them, both in Soviet and modern science of labor law, recognizing, along with negative responsibility, and the positive responsibility of disciplinary and material responsibility of the main subjects of labor relationships. In this regard, the arguments are given by means of which the inconsistency of such an approach to the understanding of labor-legal responsibility is argued, which significantly changes the concept of legal responsibility, generally recognized and well-established in general theoretical and branch sciences. The contribution of the author of the work to the study of legal responsibility, which is used in labor relations and other directly related relations, is the conclusions he made that legal positive responsibility is devoid of signs inherent in the legal category, and therefore it does not have a legal character. In this regard, its positive aspect is not essential for the construction of the concept of legal liability, which excludes the possibility of introducing legal positive liability into the sphere of work as its new variety.

Savin V.T. Positive Legal Responsibility in Labor Law // Gaps in Russian Legislation. 2023. Vol. 16. №5. Pp. 341-348. (in Russ.). EDN: TNOYVJ

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employee, employer, legal responsibility, positive responsibility, labor law, general theoretical science, science of labor law, labor scientists, subjects of law..