FOREIGN CITIZENS` ACTIVITY UNDER A CIVIL LAW CONTRACT

Abstract

Introduction. Adoption of a separate chapter regulating employment of foreign citizens in the body of the Labor Code of Russia (LC) has become a significant amendment of the recent years. At the same time, the Russian law also sets forth the employment of foreigners under a civil law agreement. Specifics of this kind of legal relations have not been reflected in the civil legislation. Current state of affairs entails certain difficulties in practice. This study is aimed at the justification of the necessity to develop a concept of foreign citizens` employment in the civil law framework. In this connection, an analysis on the legal nature of the work and labor agreement has been conducted with a view to differentiating such an agreement from the employment contract, as well as to highlighting the grounds of the work and labor relations with a foreign citizen.

Materials and methods. The methodological basis of the research constitute such general scientific and special cognitive methods in the sphere of private international law as analysis and synthesis of social and legal phenomena; system-structural analysis; the formal-logical method; the method of comparative law.

Results of the study. Results of the analysis reveal that labor activity conducted under a work contract is a widespread practice, particularly among foreign citizens. At the same time both employment agreement and work agreement should reflect the specific status of foreign citizens, since such gaps in law create plentiful difficulties for parties in such legal relations.

Discussion and conclusions: the article substantiates the idea that the inclusion of separate chapters setting forth the special status of foreign persons conducting activities under a civil law contract to the body of the Civil Code of the Russia seems to be the most optimal solution. The absence of such codification and the conflict of norms applied in foreign labor regulation impede the proper implementation of subjective rights by the given persons and often do not allow them to opt for entering into work and labor agreement.