title: The legal essence of the national qualifications system
metadata.name: dc.contributor.author
metadata.value: Kosakovskaya, Elena I.
metadata.lang: -
metadata.name: dc.contributor.author
metadata.value: Khnykin, Gennady V.
metadata.lang: -
metadata.name: dc.date.accessioned
metadata.value: 2022-12-01T18:21:01Z
metadata.lang: -
metadata.name: dc.date.available
metadata.value: 2022-12-01T18:21:01Z
metadata.lang: -
metadata.name: dc.date.issued
metadata.value: 2021
metadata.lang: -
metadata.name: dc.identifier.uri
metadata.value: http://hdl.handle.net/11701/38644
metadata.lang: -
metadata.name: dc.description.abstract
metadata.value: The national qualifications system and its components such as professional standards, levels
  and independent assessment of qualifications are going through a period of formation and
  centralized legal consolidation in Russia. Attempts are being made to determine the relationship
  of new categories with the traditional concepts of labor law: an employment contract,
  wages, labor rationing, vocational education. International experience of using such systems
  proves that there is a direct link between the level of education and employment, wages and
  social stability. At the same time, there is a serious need to establish uniform requirements
  for the qualifications of employees throughout the country and their harmonization at the
  interstate level. The success of the implementation of the newly formed elements of labor relations
  depends on the active position of representatives of trade unions and employers under
  the direct control and funding of the state. At the same time, the most adequate method of
  legal regulation of the phenomena under consideration could be an instrumental, innovative
  approach, which makes it possible to transfer existing international standards to the development
  of national legal mechanisms and adequate legal means of their practical implementation.
  However, the first, largely experienced parties of lawmaking in the studied area contain
  contradictions in definitions and content of new concepts that create problems associated with
  their reasonable application. For example, the revision of the requirements for the qualifications
  of an employee based on professional standards, as evidenced by judicial practice, leads
  to unjustified transfers and dismissals, a significant intensification of labor, the introduction of
  unjustified work and rest regimes, and a decrease in wages. At the same time, there is no formal
  definition of the national qualifications system in the current regulatory framework. An
  integral concept of its improvement has not yet been developed. There are no in-depth studies
  of the legal nature of this system and legal categories, both included in it and interacting with
  it. After analyzing the international and Russian legal acts of the subject under study, as well as
  the practice of their application, the authors offer solutions to these problems.
metadata.lang: en_GB
metadata.name: dc.language.iso
metadata.value: ru
metadata.lang: en_GB
metadata.name: dc.publisher
metadata.value: St Petersburg State University
metadata.lang: en_GB
metadata.name: dc.relation.ispartofseries
metadata.value: Russian Journal of Labour & Law;Volume 11
metadata.lang: -
metadata.name: dc.subject
metadata.value: qualifications
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: independent assessment of qualifications
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: professional standard
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: national qualifications system
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: labor relations
metadata.lang: en_GB
metadata.name: dc.title
metadata.value: The legal essence of the national qualifications system
metadata.lang: en_GB
metadata.name: dc.type
metadata.value: Article
metadata.lang: en_GB
resources.filename: 288-307.pdf
resources.url: https://dspace.spbu.ru/bitstream/11701/38644/1/288-307.pdf
resources.format: Adobe PDF
resources.size: 707,18 kB