Published: 15 February 2015
Purpose. On the basis of the analysis of normative legal acts containing norms regulating labor relations in the civil service in the RF diplomatic missions, to identify options for applying the RF Labour Code in the regulation of the said relations. Methods. The system of normative legal acts regulating civil service in the RF diplomatic missions is analyzed by comparing their legal force and content. Results. Based on the analysis of resolutions and decisions of the RF Constitutional Court, evidence-based approaches and expertise, as well as own conclusions, the correlation of the Labour Code and other federal laws containing provisions of labor law in the fi eld of legal regulation of diplomatic service is examined. Conclusion is made about the possibility of the priority application of the Labour Code only in issues referring to labor relations regulation in the diplomatic service in case of any inconsistency with the Code of labor law in other federal laws. Scientifi c novelty. Scientifi c novelty lies in the fact that the author is the fi rst to study issues of correlation of the RF Labour Code and other federal laws in the fi eld of legal regulation of labor relations of diplomatic offi cials not by legal force, but by content. The author draws a conclusion about the priority of the RF Labour Code, which is based on the fact that, fi rstly, it is an act, consisting exclusively of labor law regulations, i.e. specifi cally designed for regulation of labor relations and, secondly, the RF Labour Code contains basic principles, guidelines, general guarantees of labor rights, which are the backbone for the entire labor law fi eld. The author introduced suggestions to improve labor regulations. The notion of “the level of differentiation of legal regulation of labor relations” is defi ned and a system of levels of differentiation of legal regulation of diplomatic offi cials labor is developed. On the basis of judicial practice materials the author argues that the RF Labour Code retains its signifi cance in the controversial issues of legal regulation of civil servants labor relations.
