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Research and educational journal
Published quarterly since 2007 ISSN 1999-5431 E-ISSN 2409-5095 O. KursovaThe Authority and Competence Framework of Local Self-government Agencies in the Labor Sphere
2012.
No. 1.
P. 167–173
[issue contents]
The purpose of the article: identification of problematic aspects of the implementation of the local government authority in the regulation of labor and management of work. The study of the norms of Federal Act 131-FL allows to highlight: 1) local issues; 2) separate state powers delegated to local bodies of public administration; 3) points not related to issues of local importance, but the right of making decisions on them is granted to the local government. Results: the analysis of the relevant provisions of the Labor Codex (LC) of RF and a number of regional normative acts containing rules of labor law, shows, that in empowering local governments with some state powers in the legal labor area, these conditions are not fully respected. The functions of control over the content of collective agreements, and especially over their implementation, fit very remotely the goals and objectives of self-government. Conclusions and recommendations: 1) the transfer of authority in the sphere of labor regulation, defining the scope of competence of local authorities, should meet the requirements of expedience and reasonableness; 2) uncertainty and fuzziness of the legal regulation on the labor competence of local authorities; the presence of uncertain legal norms, even with the systematic interpretation of them; legal conflicts between the LC RF and law 131-FL about the powers of local authorities in the field of labor, make it difficult to solve the goals and objectives that are set at the present stage of the administrative reform.
Citation:
KURSOVA O. A. (2012) Problemy realizatsii kompetentsii organov mestnogo samoupravleniya v sfere truda [The Authority and Competence Framework of Local Self-government Agencies in the Labor Sphere] Public Administration Issues, 1, pp. 167-173 (in Russian)
Keywords:
powers;
competence of local government
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