Perm University Herald. Juridical Sciences. 2017. Issue 2 (36)

Novikova N.V.,
Perm State Humanitarian Pedagogical University

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Introduction: the paper analyzes the relationship of the educational contract and the apprenticeship contract in Russian law as the institutions (concepts) belonging to different fields of knowledge. At present, Russian legislation on education is dynamically developing, with a unified single conceptual terminology framework being established for all areas of law. Federal Law on Education introduced the concept of an educational contract as well as specified requirements for its content. However, the labor legislation of Russia does not always comply with the changes in the part concerning training and continuing professional education of employees. In particular, it is not clear what the apprenticeship contract is and if it is a kind of the educational contract. The paper also discusses the lack of a clear classification of contracts in labor law associated with the implementation of workers’ right to training and continuing professional education. Employees enjoy the right not only when they enter their first profession and qualification working for a particular employer under an apprenticeship contract, but also when they study in an educational organization and improve their skills and retrain. It is not entirely clear what kind of a contract should be concluded: the apprenticeship contract or another one. Purpose: to prove the necessity of the harmonization of labor and education legislation and make appropriate changes in the Labor Code. Since education legislation is considered to have the leading role, the educational contract will be the generic term, and the apprenticeship contract will be the superordinate term. Methods: the main method of the research is the comparative and descriptive approach. Some specific scientific methods used include the legal-dogmatic and law of the court methods. Results: the analysis of the application of the Labor Code regulations on apprenticeship and of the scientific comment shows the need to change the title and content of Chapter 32 of that Code. Educational contracts concluded between an employee and an employer can be differentiated depending on the purposes and types of education. Conclusions: the scientific objective of labor law is to justify the necessity of changes in the Labor Code, and to provide further analysis of the application of the legal provisions on implementation of workers’ rights to training and continuing professional education.

1. Braginskiy M. I., Vitryanskiy V. V. Dogovor-noye pravo. Kniga pervaya: Obschie polo-zheniya [Contract Law. Book 1: General Provisions]. Moscow, 2008. 841 p. (In Russ.).
2. Bryukhina E. R. K voprosu o problemakh pravovogo regulirovaniya uchenicheskogo dogovora [To the Question of Legal Regulation of a Learning Contract]. Minsk, 2015. 270 p. (In Russ.).
3. Bugrov L. Yu. Trudovoy dogovor v Rossii i za rubezhom [Labor Contract in Russia and Abroad]. Perm, 2013. 642 p. (In Russ.).
4. Golovina S. Yu. Ponyatiynyj apparat trudovogo prava: avtoref. dis. ... d-ra jurid. nauk [Conceptual Framework of Labor Law: Synopsis of Dr. jurid. sci. diss.]. Ekaterinburg, 1998. 53 p. (In Russ.).
5. Kiselev I. Ya. Sravnitel'noe trudovoe pravo [Comparative Labor Law]. Moscow, 2005. 360 p. (In Russ.).
6. Lushnikova M. V., Lushnikov A. M. Pravo na professional'noe obrazovanie i obuchenie: problemy realizatsii v sovremennykh usloviyakh [The Right to Vocational Education and Training: Problems of Its Implementation Under Modern Conditions]. Trudovoe Pravo – Labor Law. 2007. Issue 4. Pp 55–60. (In Russ.).
7. Khudyakova S., Bryukhina E., Novikova N., Pravo na trud i pravo na obrazovaniye v sovremennoy Rossii. Vzaimodeystvie yuridi-cheskikh garantiy [Rights to Work and Education in Contemporary Russia. Interaction of Legal Guarantees]. Saarbrucken, Germany, 2011. 260 p. (In Russ.).
8. Aiken J. H., Koplow D. A., Lerman L. G., Ogilvy J. P. The Learning Contract in Legal Education. Maryland Law Review. 1985. Vol. 44. Issue 4. Pp. 1047–1095. Available at: http://digitalcommons.law.umaryland.edu/mlr/v
ol44/iss4/4 (accessed 31.01.2017). (In Eng.).
9. Brecko D. Learning Contract: A New Tool for Managing Knowledge. Available at: http://fm-kp.si/zalozba/ISBN/961-6486-39-X/257-271.pdf (accessed 31.01.2017). (In Eng.).
10. Frank T., Scharff L. F. V. Learning Contracts in Undergraduate Courses: Impacts on Student Behaviors and Academic Performance. Journal of the Scholarship of Teaching and Learning. October 2013.Vol. 13. Issue 4. Pp. 36–53. Available at: http://files.eric.ed.gov/fulltext/EJ1
017121.pdf. (accessed 31.01.2017). (In Eng.).
11. Why and When to Apply for Vacation Schemes in Law Firms. Available at: https://
targetjobs.co.uk/career-sectors/law-solicitors/
340002-why-and-when-to-apply-for-vacation-schemes-in-law-firms. (accessed 31.01.2017). (In Eng.).