Problems of Labor Legal Personality Underage Employers who have Acquired Full Civil Legal Capacity
( Pp. 61-66)

The purpose of this article, due to the increasing importance in the conditions of further development of the market economy in Russia of such a new subject in the field of labor as an employer-an individual engaged in entrepreneurial activity, and the lack of elaboration of its topic in the science of labor law, is to study the labor legal personality of minor employers-individuals who have acquired based on art . 21 and 27 of the Civil Code of the Russian Federation civil legal capacity in full, identifying the problems of this employer's legal personality related to its application, developing proposals to improve labor legislation regulating labor relations between these underage employers and employees. For its successful achievement, the work analyzes Part 7 of Article 20 of the Labor Code of the Russian Federation, which establishes the labor legal personality of emancipated and previously married minors, necessary for them to acquire the legal status of a subject of labor relations, which will allow them to act as employers. At the same time, special attention is paid to the dependence of labor legal personality arising from this norm on a similar category of civil law, which caused the need to study the category of «labor legal personality», to conduct a comparative analysis of it with civil legal personality. This allowed the author to draw conclusions: firstly, the onset of civil legal capacity, unlike labor legal personality, does not depend on the physical ability of a citizen to work, the necessary level of which allows him to become a subject of labor law; secondly, minors who have acquired civil legal capacity in full, can always be subjects of civil rights, but, at the same time, they can not always become subjects of labor relations, and even more so, employers who carry out entrepreneurial activities. These conclusions require the elimination of the shortcomings of Part 7 of Article 20 of the Labor Code of the Russian Federation, in connection with which the work suggests measures to improve it.

Savin V. T. Problems of Labor Legal Personality Underage Employers who have Acquired Full Civil Legal Capacity // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2023. Vol. 19. № 4. P. 61-66. (in Russ.) EDN: BAGVJK

Geikhman V. L., Dmitrieva I. K. Labor law: textbook for universities. Moscow, 2011. p. 101.
Commentary on the Civil Code of the Russian Federation, part one (article-by-article) / editor O. N. Sadikov. M., 1997. p. 69.
Kuznetsova L. E. Labor Law- and legal capacity as a guarantee of the realization of the right to life in the sphere of labor // Human right to life and guarantees of its realization in the sphere of labor and social security. Materials of the international scientific and practical conference. Moscow, 2008. p. 243.
Course of Russian labor law. Vol. 3: Labor contract / under the general editorship of S. P. Mavrin, E. B. Khokhlov, A. S. Pashkova. St. Petersburg., 2007. p. 164.
Lebedev V. M., Voronkova E. R., Melnikova V. G. Modern labor law (Experience of labor law comparativism). Book One. M., 2007. p. 200.
Marchenko M. N. Theory of State and Law: Textbook. M., 2006. p. 592.
Rights of employers in labor relations / edited by A. F. Nurtdino-voy, L. A. Chicanova. M., 2010. p. 37.
Savin V. T. The influence of the dualism of the legal status of the head of a peasant (farmer) farm on the possibility of attracting him to material responsibility according to the norms of labor law // Labor law in Russia and abroad. 2013. No. 4. pp. 38-41.
Timokhin V. V. Legal personality of the employer: abstract. dis. ... cand. jurid. sciences. Tomsk, 2003. p. 13.

employer-individual, employee, labor legal personality, civil legal capacity, minors, entrepreneurial activity, employer legal personality, level of labor ability, minors who have married, emancipated minors..