| Abstract [eng] |
As a rule in the jurisprudence the system of law is regarded as a structure of law. But the problem is, that the traditional approach to the system of law as to the structure makes some doubts regarding the existence of the inside relations between the elements constituting the system, which ensure the proper functioning of the law as a single whole, as every single element there is regarded as an independent regulator of social relations. Researching the system of labour law as the organisation, a new concept of regulating direction is used. Regulating direction is regarded as a minimal element of the system of law. Regarding the organization of the system of law it is efficiency is one of the most important factors. Efficiency is not and ought not to serve as a ultimate criterion of legitimacy, but as a matter of fact plays very important role determining whether a set of rules may be called law. Labour law has long been chaotic, having no clear inner system and causing plenty of problems to the parties of legal relation. Codifying the labour law was a lawfully perfect decision systemizing it and making handy for a user. The practical problem of engaging foreigners was identified in the last part of the study which is mainly caused by inappropriate organisation of the legal rules of the labour law. |
