Perm University Herald. Juridical Sciences. 2018. Issue 2 (40)

Yu. V. Vasilyeva, Perm State University

S. V. Shuraleva, Perm State University

10.17072 / 1995-4190-2016-32-216-225

Introduction: the article examines the paradigms of labor law and social security law at the present stage. Purpose: to identify the features of the modern paradigms of Russian labor law and social security law, to determine the conditions that contributed to their development. Methods: the methodological framework of the research is based on the universal, general scientific methods, as well as some special methods (system-structural, formal-legal, comparative-legal, historical ones). Results: based on the scientific understanding of the paradigm, the authors conclude that the concept of paradigm is applicable in law. At the same time, there are a number of features characteristic of the legal paradigm: the major role of external factors in the crisis of a legal paradigm; the possibility of the existence of a paradigm of law in general and paradigms of different branches; the factor of “time lag”, historical context, multiparadigmality. Based on the analysis of the existing points of view and definitions, the authors define the paradigm of labor law as a system of fundamental concepts, laws, principles, values reflecting the essence of Russian labor law at a certain historical stage, which manifests itself in its tasks, functions, specific features of the subject and method, principles, sources, as well as in the legal consciousness and law enforcement. The factors that influenced the development of the paradigms of labor law and social security law are considered. The authors suggest that the modern paradigm of labor law is characterized by: an extensive understanding of social partnership (in international acts – bilateral relations), the inclusion of tripartite relations with the participation of state in it; the development of freedom of labor, the emergence of a new level of sources of law through Russia’s active participation in the EAEC; the expansion of labor law, first of all, in connection with the formation of a subsystem of norms on atypical employment, which can become the basis for a new paradigm of labor law. The paradigm of social security law is defined by the transition from the state system of social security to three relatively autonomous organizational legal forms: social insurance, state social assistance and state social security at the expense of the budget, preservation of the principle of social solidarity. In the authors’ opinion, the prospects for the development of the paradigm of social security law are primarily related to the necessity of increasing the role of pensioners as active subjects in the life of society, as well as meeting the needs of the elderly population in geriatric services. Conclusions: in the context of transformation of social relations under the influence of globalization, regionalization, and digitalization, the research on paradigms of labor law and social security law will make it possible to study the regularities, the conceptual framework, principles and values reflecting the essence of these branches of law in a more thorough way, in order to predict their further development, to propose an advanced legal regulation for those phenomena that are going to become relevant in the near future.