Impact of the system of civil law contracts on the recognition of labor relations based on civil law contracts
The article is devoted to the study of the problem of the influence of the system of civil contracts arising from the provisions of the current Civil Code of the Russian Federation on the solution of the issue of the possibility of recognizing labor relations based on civil contracts. It means that Art. 19.1 of the Labor Code of the Russian Federation, the possibility of recognizing a relationship as labor is determined by the circumstances established in it, including the listing of the parties to the civil contract and its subject. In such conditions, it seems necessary to resolve the issue of giving preference to substantive requirements (signs of labor relations enshrined in Article 15 of the Labor Code of the Russian Federation) or formal requirements established by the provisions of Part 1 of Art. 19.1 of the Labor Code of the Russian Federation. The conclusion is substantiated that the influence of the system of civil law contracts and the related terminology of the Civil Code, which determines the parties and the subject of such contracts, on the decision of the possibility of recognizing relations as labor should not be taken into account when applying the current edition of Art. 19.1 of the Labor Code of the Russian Federation, and this article itself needs to be changed.