CONSTITUTIONAL PRINCIPLES OF PROTECTION OF CITIZENS' RIGHTS IN EMERGENCY SITUATIONS: LABOR LAW ASPECT

Abstract

The issues of restrictions on the labor rights of citizens in the case of a state of
emergency or emergency situation are being investigated. It is established that the current
legislation distinguishes between legal regimes associated with the introduction of a state
of emergency and its absence, despite the existence of an emergency situation. The labor
activity in emergency situations is temporary, like the emergency itself, and is therefore
realized through temporary transfers of workers to other jobs, as well as involving citizens
in overtime work and work on weekends and non-working holidays. It was concluded
that it is necessary to differentiate the possibility of using compulsory labor in cases of
introduction of a state of emergency and in the absence of such a state of emergency.
Also, the list of emergency circumstances specified in Articles 72.2, 99, 113 of the LC
RF should be brought into line with a similar list, enshrined in the norms of international
law, the Constitution of the Russian Federation and federal legislation. In particular, from
this list it is necessary to exclude accidents at work, the possibility of destruction or damage
to the property of the employer, state or municipal property and other cases not provided
for by the above regulatory legal acts