The terminological problems in the employment legislation

• Natal’ya A. Plahotina

  Natal’ya A. Plahotina. Lugansk Vladimir Dahl State University. Lugansk. Russia

Abstract. The article reveals some techno-legal issues referring to terminology in the Russian employment legislation. The subject of the research is legal norms of the domestic and foreign legislation regulating various aspects of employment. The purpose is to formulate a comprehensive and structural legal approach to the definition of the key legal terms in domestic employment legislation.
The methodology used includes general scientific methods, e.g. systemic-structural and functional approaches, as well as specific legal methods, such as legal-comparative and techno-legal ones, and the method of legal hermeneutics. The academic novelty of the work consists in identifying gaps and other shortcomings in the Russian employment legislation and in developing author's proposals aimed at improv-
ing the domestic regulatory and legal framework in this field. The legislative definition of the term "employment" is studied, a comparative analysis of its content in Russia’s, the Republic of Belarus’s and the Donetsk People's Republic’s legislations is carried out. The research results can contribute to professional law-making, law enforcement and interpretation activities. Suggesting the absence of a definitional norm
for the content of the term "employment" as a gap in Russian legislation, the author proposes her own opinion on this issue. She highlights the features of the legal labor employment, develops the author's legislative definition of the concept of "legal labor employment", and proposes to legislatively enshrine this concept as an independent legal term. For this purpose, the author's formula of the corresponding definitional
norm is proposed. Revealing shortcomings in the normative definition of the term "profiling" within the framework of domestic employment legislation, the author suggests the ways to solve the identified terminology problems and increase the effectiveness of legal relations’ regulation in the field of employment and job placement by domestic norms of positive law (lex lata).
Keywords: legal terminology, legal technology, employment, labor and legal employment, placement, profiling