Until the laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into compliance with this Code, laws and other legal acts of the Russian Federation, as well as legislative and other regulatory legal acts of the former USSR in force on the territory of the Russian Federation within the limits and in the manner , which are provided for by the Constitution of the Russian Federation, Resolution of the Supreme Council of the RSFSR dated December 12, 1991 N 2014-1 “On the ratification of the Agreement on the creation of the Commonwealth of Independent States”, apply to the extent that they do not contradict this Code. Regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation issued before the entry into force of this Code and decrees of the USSR Government applied on the territory of the Russian Federation on issues that, in accordance with this Code, can only be regulated by federal laws, are valid until the entry into force of the relevant federal laws .
Commentary on Article 423 of the Labor Code of the Russian Federation
Part 1 of the commented article provides for the validity of laws and other regulatory legal acts of the Russian Federation, as well as legislative acts of the former USSR, on the territory of the Russian Federation until they are brought into compliance with the Labor Code. Moreover, they are applied to the extent that does not contradict the Labor Code, which must be determined in each individual case through appropriate interpretation.
Bringing them into conformity with the Labor Code is necessary by changing or abolishing specific norms based on their study, comparative analysis and generalization of the results obtained.
Part 2 of the commented article defines the effect of regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation, issued before the introduction of the Labor Code, as well as regulations of the USSR Government applied in the territory of the Russian Federation on issues that, according to the Labor Code, are regulated only by federal laws. They can act only until the relevant federal laws are adopted.
Another comment on Art. 423 Labor Code of the Russian Federation
1. The procedure for applying on the territory of the Russian Federation the normative legal acts of the USSR, the RSFSR and the Russian Federation, issued before the entry into force of the Labor Code, established in this article, obliges each subject of law enforcement, forced to refer to the norms contained in such acts, to ensure that they have legal force. To do this, he needs to establish the fact that this act does not contradict the requirements of Part 3 of Art. 55 of the Constitution of the Russian Federation, norms of the Labor Code, norms of labor law contained in other federal laws, decrees of the President and resolutions of the Government of the Russian Federation, as well as in regulatory legal acts of federal executive authorities.
2. Undoubted assistance in this matter can be provided by decisions of the Constitutional Court and the Supreme Court of the Russian Federation, issued on issues of constitutionality and applicability of norms contained in specific sources of labor law.
Another comment on Article 423 of the Labor Code of the Russian Federation
Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into conformity with the Labor Code of the Russian Federation, they are applied to the extent that does not contradict it.
Let us note that Federal Law No. 90-FZ of June 30, 2006 declared 39 normative legal acts of the USSR and their individual provisions regulating legal relations in the sphere of labor not valid on the territory of the Russian Federation.
Subordinate regulatory legal acts issued before the entry into force of the Labor Code of the Russian Federation on issues that, in accordance with the Labor Code of the Russian Federation, can only be regulated by federal laws, are valid until the entry into force of the relevant federal laws.
Article 423 of the Labor Code of the Russian Federation. Application of laws and other regulatory legal acts.
Commentary on Article 423
1. In connection with the adoption of the Labor Code, it was necessary to bring laws and other regulatory legal acts in force on the territory of the Russian Federation into conformity with it.
Part 1 of the commented article contains the rule that laws and other regulatory legal acts in force on the territory of the Russian Federation are applied to the extent that they do not contradict the Labor Code. The application of this provision means that it is necessary to compare the norms of the Labor Code with the norms of other laws and other normative legal acts, to make a judgment about whether the norms of other acts contradict the Code and, accordingly, whether they are subject to application.
2. Since the option of determining the legal force of a normative legal act at the legislative level is more convenient and preferable for law enforcement, Art. 2 of Law No. 90-FZ of June 30, 2006, the following regulatory legal acts (provisions of regulatory legal acts) of the USSR are recognized as not valid on the territory of the Russian Federation:
1) Decree of the Presidium of the Supreme Soviet of the USSR of December 13, 1956 “On strengthening labor protection for teenagers”;
2) Law of the USSR of February 11, 1957 “On approval of the Decree of the Presidium of the Supreme Soviet of the USSR “On strengthening labor protection for adolescents”;
3) Law of the USSR of May 7, 1960 “On the completion of the transfer in 1960 of all workers and employees to a seven- and six-hour working day”;
4) Law of the USSR of July 15, 1970 No. 2-VIII “On approval of the Fundamentals of the Legislation of the USSR and Union Republics on Labor”;
5) Decree of the Presidium of the Supreme Soviet of the USSR of August 10, 1973 N 4629-VIII “On changing the second part of Article 102 of the Fundamentals of the Legislation of the USSR and Union Republics on Labor”;
6) para. 3 of the USSR Law of December 14, 1973 N 5190-VIII “On approval of Decrees of the Presidium of the Supreme Soviet of the USSR, introducing some changes to the current legislation of the USSR”;
7) Decree of the Presidium of the Supreme Soviet of the USSR of September 24, 1974 N 310-IX “On the working conditions of workers and employees engaged in seasonal work”;
Law of the USSR of December 20, 1974 N 769-IX “On approval of the Decrees of the Presidium of the Supreme Soviet of the USSR “On the working conditions of workers and employees engaged in seasonal work” and “On the working conditions of temporary workers and employees” in relation to the Decree of the Presidium of the Supreme Council of the USSR dated September 24, 1974 N 310-IX “On the working conditions of workers and employees employed in seasonal work”;
9) Decree of the Presidium of the Supreme Soviet of the USSR of July 13, 1976 N 4204-IX “On approval of the Regulations on the financial liability of workers and employees for damage caused to an enterprise, institution, organization”;
10) Law of the USSR of October 29, 1976 N 4699-IX “On approval of the Decree of the Presidium of the Supreme Soviet of the USSR “On approval of the Regulations on the financial liability of workers and employees for damage caused to an enterprise, institution, organization”;
11) Law of the USSR of October 7, 1977 N 6366-IX “On declaring the day of adoption of the Constitution (Basic Law) of the USSR a national holiday”;
12) Art. 6 of the Law of the USSR of October 7, 1977 N 6367-IX “On the procedure for enacting the Constitution (Basic Law) of the USSR”;
13) Decree of the Presidium of the Supreme Soviet of the USSR of January 7, 1980 N 1369-X “On amendments to Article 16 of the Fundamentals of the Legislation of the USSR and Union Republics on Labor”;
14) Decree of the Presidium of the Supreme Soviet of the USSR of March 12, 1980 N 1728-X “On introducing amendments and additions to the Fundamentals of the legislation of the USSR and union republics on labor”;
15) para. 3 and 6 of the Law of the USSR of June 25, 1980 N 2362-X “On approval of the Decrees of the Presidium of the Supreme Soviet of the USSR on introducing amendments and additions to the Fundamentals of the legislation of the USSR and union republics on labor, to the Fundamentals of land legislation of the USSR and union republics and in Fundamentals of water legislation of the USSR and union republics";
16) art. 1 Decree of the Presidium of the Supreme Soviet of the USSR of September 2, 1981 N 5571-X “On measures to strengthen state assistance to families with children”;
17) Art. 1 Decree of the Presidium of the Supreme Soviet of the USSR dated May 5, 1982 N 7058-X “On amendments to the Fundamentals of the legislation of the USSR and Union republics on labor and other legislative acts of the USSR” in terms of the Fundamentals of legislation of the USSR and Union republics on labor;
18) Art. Art. 9, 15 and 17 of the Decree of the Presidium of the Supreme Soviet of the USSR of January 26, 1983 N 8723-X “On amendments to certain legislative acts of the USSR on issues of civil relations, marriage and family, labor and social security”;
19) Law of the USSR of June 17, 1983 N 9500-X “On labor collectives and increasing their role in the management of enterprises, institutions, organizations”;
20) Resolution of the Supreme Soviet of the USSR of June 17, 1983 N 9501-X “On the implementation of the USSR Law “On Work Collectives and Increasing Their Role in the Management of Enterprises, Institutions, Organizations”;
21) art. Art. 1 and 4 of the Decree of the Presidium of the Supreme Soviet of the USSR of August 12, 1983 N 9814-X “On introducing amendments and additions to some legislative acts of the USSR”;
22) Decree of the Presidium of the Supreme Soviet of the USSR of November 16, 1983 N 10291-X “On amendments to Article 13 of the Regulations on the financial liability of workers and employees for damage caused to an enterprise, institution, organization”;
23) para. 11 Law of the USSR of December 29, 1983 N 10575-X “On approval of Decrees of the Presidium of the Supreme Soviet of the USSR on introducing amendments and additions to certain legislative acts of the USSR”;
24) Decree of the Presidium of the Supreme Soviet of the USSR of May 19, 1986 N 4679-XI “On introducing amendments and additions to some legislative acts of the USSR on labor”;
25) paragraphs 2 and 7 of Art. 6 Decree of the Presidium of the Supreme Soviet of the USSR of May 23, 1986 N 4719-XI “On strengthening the fight against the extraction of unearned income”;
26) para. 7 of the USSR Law of June 19, 1986 N 4923-XI “On approval of Decrees of the Presidium of the Supreme Soviet of the USSR on introducing amendments and additions to certain legislative acts of the USSR”;
27) art. 2 Decree of the Presidium of the Supreme Soviet of the USSR dated October 14, 1986 N 5878-XI “On some changes in the procedure for collecting alimony for minor children”;
28) Decree of the Presidium of the Supreme Soviet of the USSR of September 2, 1987 N 7639-XI “On the expansion of benefits for working pregnant women and women with young children”;
29) para. 6 of the USSR Law of October 20, 1987 N 7884-XI “On approval of Decrees of the Presidium of the Supreme Soviet of the USSR on introducing amendments and additions to certain legislative acts of the USSR”;
30) art. 1 Decree of the Presidium of the Supreme Soviet of the USSR dated February 4, 1988 N 8430-XI “On introducing changes and additions to the labor legislation of the USSR related to the restructuring of economic management”;
31) art. 1 Decree of the Presidium of the Supreme Soviet of the USSR dated March 29, 1988 N 8695-XI “On introducing amendments and additions to some legislative acts of the USSR on labor”;
32) art. 4 of the USSR Law of May 22, 1990 N 1501-1 “On introducing amendments and additions to certain legislative acts of the USSR on issues relating to women, family and childhood”;
33) Law of the USSR of December 10, 1990 N 1818-1 “On trade unions, rights and guarantees of their activities”;
34) Resolution of the Supreme Soviet of the USSR of December 10, 1990 N 1819-1 “On the implementation of the USSR Law “On Trade Unions, Rights and Guarantees of their Activities”;
35) art. 4 of the USSR Law of March 5, 1991 N 2000-1 “On amendments and invalidation of certain legislative acts of the USSR on state assistance to families with children”;
36) Law of the USSR of March 11, 1991 N 2016-1 “On the procedure for resolving individual labor disputes”;
37) art. 1 of the USSR Law of May 12, 1991 N 2151-1 “On introducing amendments and additions to the legislative acts of the USSR on labor”;
38) Resolution of the Supreme Soviet of the USSR of May 12, 1991 N 2152-1 “On the implementation of the USSR Law “On the Procedure for Resolving Individual Labor Disputes” and the USSR Law “On Amendments and Additions to the Legislative Acts of the USSR on Labor”;
39) Resolution of the Supreme Soviet of the USSR of May 20, 1991 N 2180-1 “On the implementation of the USSR Law “On the procedure for resolving collective labor disputes (conflicts).”
3. The norm of part 2 of the commented article is aimed at preventing the emergence of gaps in legal regulation.
Second commentary to Article 423 of the Labor Code
1. Part 1 of the commented article formulates the rule that, pending the bringing of laws and other normative legal acts that are in force on the territory of the Russian Federation, in accordance with the Labor Code, laws and other legal acts of the Russian Federation, as well as legislative and other normative acts of the former The USSR, operating on the territory of the Russian Federation within the limits and in the manner provided for by the Constitution of the Russian Federation, the Resolution of the Supreme Council of the RSFSR of December 12, 1991 “On the Ratification of the Agreement on the Creation of the CIS”, are applied to the extent that they do not contradict this Code.
This rule ensures a certain continuity in the legal regulation of labor relations. It should be remembered that modern labor legislation was created gradually. Thus, the issue of application or non-application of the provisions of the former Union legislation should be decided in each specific case, taking into account the content of the norm and its comparison with Russian labor legislation.
2. Part 2 of this article of the Code states that subordinate regulatory legal acts (decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, as well as resolutions of the Government of the USSR) on issues that, in accordance with this Code, can only be regulated by federal laws, will continue to be in force , but before the relevant federal laws come into force.
Commentary to Art. 423 Labor Code of the Russian Federation
1. This article establishes the procedure for applying on the territory of the Russian Federation laws and other regulatory legal acts of the Russian Federation in force before the adoption of the Labor Code of the Russian Federation. as well as legislative acts of the former USSR, indicating the possibility of applying such acts to the extent that does not contradict the Labor Code of the Russian Federation.
2. Subordinate regulatory legal acts (acts of the President of the Russian Federation, the Government of the Russian Federation, the Government of the USSR) on issues that, in accordance with the Labor Code, can only be regulated by federal laws, are valid until the relevant federal laws come into force.
