UNIVERSITÀ DEGLI STUDI DI MODENA E REGGIO EMILIA
Dottorato di ricerca in Lavoro,Sviluppo, Innovazione
Ciclo XXXI
Non-standard labour relationship in the EU and Russia. The creation of a glossary.
Candidato Ksenia Myasnykh
Relatore (Tutor): Prof. Donatella Malavasi
Eventuale Correlatore (Co- Tutor): Prof. Olga Rymkevitch
Coordinatore del Corso di Dottorato: Prof. Tindara Addabbo
Table of contents
Introduction………3
Chapter I. An overview of the specific features of the labour law vocabulary in the EU and Russia……….... 11
1.1. English as one of the official languages of the EU ………... 11
1. 2 Labour law vocabulary in the EU and Russia……… …15
Chapter II. Terms and definitions on labour flexibility regulations in the EU and Russia………24
2.1 Employment status……….…..24
2.2 Labor market deregulation………...34
2.3 Individual labor law (independent self-employment regulation)……….…39
2.4 Labor market policy and employment protection legislation (EPL): terminology on measurement issues ……….... 44
2.5 Violations of 'flexible' labor laws and regulations on labor disputes………….. 50
2.6 Conclusions………..54
Chapter III. Terms and definitions on non-standard employment relations in the EU and Russia………55
3.1. Part-time work and work on call……….55
3.2. Short-term and distant forms of employment……….66
3.3. Sharing of labor: contingent work and temporary agency work and contract company employment……….…………..71
3.4 Dependent self-employment………....81
3.5. Conclusions……….…85
Chapter IV. The glossary for the termbase for nonstandard employment relations....88
4.1 Methodology for formation of the glossary for the termbase for nonstandard employment relations………..……….90
4.2 The glossary for nonstandard employment relations………..98
Conclusions………135
References………..141
3
Introduction
The present dissertation stems from a main research question aiming to investigate if it is possible to identify and / or construct, on the specifically linguistic level, an interpretative tool which can be practical and convenient for labor market actors and researchers. The tool can serve as a medium for social science scholars and economic operators to analyze, compare and assess different legal and institutional systems. More in particular, the investigation is focused on the field of labor market and the interpretative tool is conceived to analyze, compare and assess the European and Russian labor law systems in a multidisciplinary perspective, which takes into account the social sciences such as jurisprudence, labour law, linguistics and translation studies.
The attention of the study is focused on how differently the same concepts are interpreted in different legal systems. The concepts that are studied in the dissertation relate to the phenomena of flexibility and non-standard labour relationships as a means of achieving it. The final goal of the research is the creation of a glossary of the relevant terms representing the concepts in question.
The glossary is seen as an innovative instrument that could be useful for the actors that operate in the field of trans-national labour relationships, especially those responsible for the legal translation. This can help to avoid terminological ambiguities, therefore, misunderstandings in international cooperation. Although the research community has already explored questions of terminological and conceptual traps, it is hardly possible to find exhaustive and up-to-date research, which is focused on the ever-growing industrial relations market between the EU and Russia. Furthermore, studies on legal translation deal mostly with the theoretical issues leaving the practical matters rather vague1.This particular area of non-standard labour relationships and their terminology have been overlooked by the Russian academia. The research assumes that absence of analogous terms in the Russian legal and academic language hinders communication and comprehension between the two parties. This is why the added value of the dissertation lies in the provision of neologisms which were coined in order to capture and describe the concepts.
In more detail, the first research question was posed taking into consideration both the current literature on labor law and policies at the international level and the reality of the labor market. This fundamental question is whether first of all, the European Union and the Russian
1Tomson G.V Yurislingvistika. Teoriya i praktika [legal linguistics. Theory and practice] in Mir nauki, kul'tury, obrazovaniya №4.2017. P. 298-299; Klyuchnikova E.L. O prirode yurislingvisticheskogo termina: postanovka problemy [The question of the nature of juridical linguistic term: formulation of the problem] in Vestnik bashkirskogo universiteta. №4. 2015. P. 1374- 1377
4
Federation share specific issues in this regard. If so, the second research subquestion is how these issues and phenomena are translated in specific legal institutions in the both systems. The third research subquestion is how they are understood in a strictly linguistic sense within the respective reference linguistic system.
Even though the choice of the topic will be explained later in a more thorough and exhaustive way, it is worth mentioning that the investigation addresses the topic of labor flexibility.
Both in the EU and Russia flexibility is recognized as a remedy for labour market exclusion as it promotes equality and job opportunities2. What is to be examined is if this concept is linguistically understood in the same way in both entities. In this case, the labor flexibility phenomenon is understood in a broad sense with reference both to the types of contracts and working conditions.
Further examination is technically feasible provided that there is a certain regulation of the phenomenon in both the EU and the Russian Federation. The notions behind the terms are in re ipsa represented differently within the two linguistic and legal systems. What generates particular interest on this subject is if the extralinguistic meanings of the terms, in the two reference systems, are absolutely equivalent, coincide partly in their meaning or do not coincide at all: “The designation of a concept may be uncertain or no suitable equivalents in other languages, may have been found. There may be designations for which there is no clear concept, or there may be a concept for which there is no designation in the language being worked on. It may also be the case that only a non-standard designation has been found, or that for a single concept several alternative, non-standard designations have been found. Finally, there may exist a standard designation that is not actually in use while, at the same time, several, non-standard designations may be in use.”3
In order to identify whether the meaning of the terms is the same or at least partly overlaps, it is necessary to make a reference to the so-called semiotic triangle. Wüster's model of the sign quoted in the M.T.Cabrè’s “Terminology, method and applications” deals with three dimensions of a sign: referential, conceptual and symbolic. Each dimension corresponds to a specific aspect of terminology: the cognitive, the linguistic and the communicative ones.
2 Eurofound (2017), Work–life balance and flexible working arrangements in the European Union, Eurofound, Dublin; Strategy 2020 available at http://2020strategy.ru/data/2011/07/15/1214721660/4.pdf
3 Cabrè M. T. Terminology : Theory, methods and applications. 1998. P. 163
5
Source: Cabrè M. T. Terminology: Theory, methods and applications, 1998 p.54
The research deals with a number of abstract concepts and the way they are expressed in speech.
The ISO standard 704 (1987) Principles and methods of terminology defines concepts as “mental constructs that are used to classify the individual objects in the external or internal world by means of a more or less arbitrary process of abstraction.” That means that a term has not only a linguistic form, but also a notional concept that it represents. The cornerstone of the research is the comparison of how the concepts related to flexibility and non-standard labour relations are represented and interpreted in the EU and Russia. At the same time, the comparison of the terms mirroring the concepts is considered to be vital as well. Therefore, the conclusion is based on the fact if two hypothetical semiotic triangles4 coincide, approach each other or are positioned distantly from each other.
Therefore, through a linguistic investigation based on the onomasiological method and comparison of the selected terms, the dissertation examines if two terms in English and in Russian are translation equivalents. The ultimate goal of the research is the creation of a terminological glossary .
4 Richards I.A., Ogden C.K. The Meaning of Meaning. 1989
6
The comparison of linguistic phenomena within legal systems poses further problems related to the meaning. The legal meaning of a term is never strictly the same as the one in the conventional language system or, in other words, the commonly spoken language. This entails a difference between the technical-legal meaning and the common one within the single linguistic system. This happens not only due to the typical technicality of the subject, but also to the activity of interpreting a given term or concept. In a comparative perspective, this problem poses a further variable: the interpretative one.
As a result, the research that has been conducted differs therefore from a simple comparative analysis of legal institutes or from a reconstruction of the compared systems. This difference accounts for its originality.
In fact, several studies have focused on the reconstruction of the legal system of the Russian Federation with the specific aim of providing an overview of the internal labour law regulation and comparing it with the system of some European states. These works, although useful for social scientists or economic operators who are about to enter the economic market and consequently the Russian labor market, have a limit. The limit is the absence of verification of the linguistic meaning of certain terms or concepts.
The creation of a bilingual glossary, albeit limited to some specific terms, has the aim of overcoming this limit. For some terms that are full equivalents this limitation is not to be understood as being one-way, that is, producing effects for those who start from a European point of view towards the Russian one, but it is to be considered reciprocal. In fact, even Russian interpreters may find it difficult to approach the European Union's labor law by virtue of a language barrier that may not make the true meaning of certain words or concepts coincide. As it is stated in the conclusions, literal or word-for-word translation takes its toll on the quality of the translation.
Comparative and linguistic studies that form the research methodology allow to discover similarities and differences in the law vocabulary used in two law systems. Via comparison, the determinants of law development in both entities could be seen more clearly. In addition, possible improvements on the current situation can be recommended as the glossary makes a factual collection of the current state of national and supranational labor law vocabulary and its development. Moreover, the glossary distinguishes between fixed terms and their definitions in written legal norms and the language at the level of academia.
In addition, the proposed study is aimed to shed the light on the peculiarities of reception of modern economic terms into labor law vocabulary in Russia.
The above aspects not only determine the choice of the research methodology, but also the originality of this research, its scientific relevance and practical utility.
7
The so-called 'linguistic jurisprudence' studies nowadays appear to be of great importance, mainly due to the fact that while exploring law vocabulary one can understand the roots and meanings of various law institutions, as well as the perspectives of their further development.
These studies arouse interest not only because of their scarcity, but also for the reason that they involve deep and comprehensive knowledge of both law, linguistics, broad economic and social processes. At the same time, these studies allow for a more profound comprehension of both legal systems.
Russia, despite the current political crisis, should continue to look in the direction of Europe as a point of reference in terms of the evolution of its legal system. This osmotic relationship between Russia and the European Union is a paradigm for the adoption of the Federation Civil Code, which is the result of a profound collaboration between scholars of the Private Law Research Center and a number of European experts. Italian, French, German and Dutch scholars took part in the international cultural exchange. In addition, it was the Dutch Code that was taken as a model both in terms of content and general structure. The code was adopted in tranches between 1995 and 2008.
This shows considerable attention paid to the European law (and that of its members) by the Russian Legislator. For Russia, it is important to reflect on the evolutionary trends starting in the EU. According to some scholars 5 even though there are significant differences in the Russian labour law and in the labour law of member states, a number of characteristics make them alike.
These characteristics are the sources of law, developed codification etc. On the other hand, labour law is a system which is tightly linked to the cultural and historical background of a country:
“General and political culture, way of thinking, historical traditions and history of religious beliefs have a much greater influence on labour law development and formation than on any other branches of law. According to the degree of nationality, probably only family law can compete with labor law.”6
Thus, the Russian legislator should take into consideration changes happening in the EU, but adapt these developments in accordance with the Russian current experience. In other words, there is general agreement among the scholars on the fact that Russia should adopt the experience of more economically developed entities.
5 Filipova I. Trudovoe pravo evropeiskogo soyuza obschie cherty I otlichiya v sravnenii s rossiiskim trudovym pravom [ Labour law of the European union:common features and differences in comparison with labour law of the Russian Federation] in Yuridicheskaya nauka i praktika: Vestnik Nizhegorodskoj akademii MVD Rossii. 2018;Lushnikova M.V., Ramankulov K.S., Tomashevskij K.L. Evrazijskoe trudovoe pravo [Eurasian labour law] Moskva: Prospekt.
2017.
6 Lushnikova M.V., Ramankulov K.S., Tomashevskij K.L. Evrazijskoe trudovoe pravo [Eurasian labour law] Moskva:
Prospekt. 2017.
8
With regard to the determination and delimitation of the research field in a comparative perspective, it is important to evaluate which issues of labor law and labor market are relevant both to the EU and the Russian federation.
Starting from the "Job Study" of 1994 and the ensuing policy address and recommendations from the influent OECD, it was possible to verify that both the political and academic discussion at a European and international level is focused on the flexibility of work.
The concept is to be understood in the broadest sense as: contractual forms alternative to the permanent and open-ended employment relationship; greater ease in the resolution of the employment relationship, greater ease of entry into the labor market, functional flexibility, flexibility of working time potentially leading to well-being and greater work-life balance as well.
Flexibility is seen as a hot issue internationally and, therefore, for the transitive property, it is also considered to be important in the Russian Federation 7. The centrality of flexibility, in the Russian legal system, is also found in the recent intervention of 2016 concerning the organic regulation of agency work in the Russian working system. Possible law on self-employed also serves as a promotion of flexibility.
Flexibility has also assumed importance in terms of creating labor market conditions which allow for a balance between workers’ private lives and their professional life.
This is confirmed by the Resolution of the European Parliament of 13th September 2016 aimed at promoting new forms of flexibility in working methods so as to allow greater reconciliation with private life of a worker.
Therefore, in all its meanings, flexibility remains a constant theme in the current debate. In any case, at the international level, a form of flexibility implemented through flexible types of contracts is practiced the most in different jurisdictions8. This is the reason that determined a further delimitation of the field of study and research, restricting it to the analysis of the terminology referring to the flexibility achieved through individual work contracts.
When the field of the research was restricted, at the methodological level a further choice was made to identify the level of the investigation and the languages used. As for the languages, the analysis was conducted using two languages. The first is English as it is one of the official
7 Smyrnykh L., Worgotter A. Non-standard contracts, flexibility and employment adjustment: Empirical evidence from Russian estabilished data. 2015
8 Abraham K., Taylor S. Firms’ Use of Outside Contractors: Theory and Evidence, Journal of Labor Economics. Vol.
14/3. 1996; Autor D., Houseman S. Do Temporary-Help Jobs Improve Labor Market Outcomes for Low Skilled Workers? Evidence from "Work First" in American Economic Journal: Applied Economics. Vol. 2/3. 2010;
Boockmann B., Hagen T. Works councils and fixed-term employment: Evidence from West German establishments, Schmollers Jahrbuch. Vol. 123/3. 2003. Boockmann B., Hagen T. The Use of Flexible Working Contracts in West Germany: Evidence from an Establishment Panel. ZEW Discussion Paper. No. 01-33. 2001.Brodsky M.M. Labor market flexibility: a changing international perspective, Monthly Labor Review. Vol. 117/11. 1994. Booth A., Francesconi M., Frank J. Temporary Jobs: Stepping Stones or Dead Ends? In Economic Journal. Vol. 112/480. 2002
9
languages of the EU. The second one is Russian being the official language of the Russian Federation. The choice of the English language was made due to two reasons. First of all, English was chosen as one of the official languages of the European Union and, above all, the only one that would have been taken as a reference point in case of interpretative doubts9. The second reason is linked to the personal competence of the author.
There are researches stating that the choice of the English language is not the best one due to the fact that there is incongruity of legal systems (common law and civil law) leading to incongruence of concepts and terminology. Yet, at the moment English is the main means of legal communication and legal interpretation in the EU.
Regarding the level of regulation analysis, a choice was made to draw an objective comparison. Russia is a federal state which, by virtue of its constitution, determines a separation of subjects according to legislative competence. Labour is a federal matter10. The federal legislator regulates the whole matter even if, as we shall see, the Federal Code does not regulate aspects of the subject: “From its structural point of view, the system of labour legislation in the Russian Federation can be characterized as “codified-plus”. Alongside the Labour Code which brings together in a systematic manner a significant number of statutory provisions concerning both the individual employment relationship and industrial relations, there are some other pieces of labour legislation which supplement and further develop the provisions contained in the Labour Code.”11
This is why we tried to identify comparable sources at the European level. Even though the European Union is neither a federal state nor a federation, the system of sources and the relationship between the Community sources and those of the member states can be, at least from the hierarchical point of view, compared in a broader sense to that of a federal state. Strictly speaking, the EU is not a federation. However, the European Union issues directives, regulations and recommendations that in various ways must be understood and applied by the individual states.
A number of scholars reach the conclusion that there is a phenomenon of “Eurofederalism”, which makes it possible to compare the EU with genuine federation12.
This similarity has determined the choice to carry out the analysis between the federal sources and the EU acquis, except for some references to individual EU countries.
9 Derlen M. Multilingual Interpretation of European Union Law, 2009.
10 Art. 71 RF Constitution
11 ILO National Labour Law Profile: Russian Federation available at https://www.ilo.org/ifpdial/information- resources/national-labour-law-profiles/WCMS_158917/lang--en/index.htm
12 Kovacevic B. Europe's Hidden Federalism: Federal Experiences of European integration. Routledge.2018;
Laursen F. The EU and Federalism: Polities and Policies Compared. Routledge. 2010; Menon A., Schain M.
Comparative Federalism: The European Union and the United States in comparative perspective. OUP. 2016
10
Otherwise, if we were to analyze the terminology on flexibility within all or part of the EU states, additional variables would have been introduced, first and foremost the linguistic one.
The introduction of excessive variables, as in a too complex logarithm, would have excessively increased the possibility of error and non-objectivity, going against the goal of creating / identifying a reliable glossary.
The present work consists of four chapters. In the first chapter, attention is focused on role of English as one of the official languages of the European Union. This chapter is important in order to understand the following analysis because English is the language used to create the final glossary. The second section of the chapter concentrates on the labour law vocabulary in the European Union and Russia. In particular, there is a brief overview of traits of labour law vocabulary in the EU and Russia. Furthermore, in this part of the dissertation, the importance of the European legislation in the Russian system is investigated and the linguistic methodology that is used to conduct the present study is explained.
Once analyzed the role of English and the labor law vocabulary chapter two focuses on the study of the terms and definitions on labor flexibility in the two different systems. The chapter begins by the definition of employment status and moves towards other concepts, such as labor market deregulation, individual labor law, labor market policy and employment protection legislation. After that, the chapter investigates whether the lexicon linked to this concepts have some common area in the two analyzed realities and the status of definition of these concepts.
In the third chapter, the work focuses on the comparison and analysis of terminology referring to non-standard labor contracts that we can find in the European and Russian systems.
The terms that are analyzed in this part form the glossary, which is introduced in the last chapter.
First of all, the chapter describes the methodology that is used to create first the ontology and then the related glossary.
11
Chapter I. An overview of the specific features of the labour law vocabulary in the EU and Russia
In accordance with the introduction of the research, in this chapter attention is paid to the role of English as one of the official languages of the European Union. The chapter consists of two sections. In the first one, the concept of “discourse” is analyzed focusing in particular on the legal discourse and its structure. This kind of analysis is crucial in order to understand how legal discourse is translated in different legal systems, in particular in the European legal system. In the second section, the role of labour law vocabulary in the Russian and European systems is described.
1.1. English as one of the official languages of the EU
In the introduction of the dissertation, it is stated that the Russian legislator can benefit from knowledge of the way the EU tackles the phenomenon of flexicurity. In this light legal translation becomes an essential need. In this regard, the role of English as one the official languages of the EU is discussed. The purpose of this section is to identify specific features of English legal discourse.
Despite huge interest of modern linguists in the concept of “discourse”, its interpretation remains controversial in many works of scholars. One of the most popular definitions of the concept of “discourse” was proposed by T.van Dijk: “contemporary discourse and conversation analysts generally agree that such an analysis should at least explicitly attend to the structures or strategies of this speech defined as a communicative event or as an instance of social interaction” 13Another definition of discourse was proposed by Arutyunova N. D.: “Coherent text in aggregate with extra-linguistic- pragmatic, socio-cultural, psychological and other factors; that broadcast the immersedness in life”14
An increasing number of scholars15 conclude that the notion of “discourse” can not be studied s separately from cognitive studies. They underlie the fact that adding cognitive analysis to the
13 T. Van Dijk Discourse, context and cognition in Discourse Studies 2006; 8; 159 available at http://www.discourses.org/OldArticles/Discourse%20context%20and%20cognition.pdf
14 Arutyunova N.D. Discourse. Linguistic encyclopedic dictionary. Soviet Encyclopedia Publ.1990. p. 137
15 Sanders T. Coherence, Causality and Cognitive Complexity in Discourse available at https://www.researchgate.net/profile/Ted_Sanders3/publication/46669022_Coherence_Causality_and_Cognitive_co
12
discourse one leads to a better understanding of a text: “The mediation of macrostructure can be used to establish a link between two disciplines dealing with their respective objects of inquiry, namely: the theory of discourse and the cognitive model of discourse processing, where the former introduces the basic notions of discourse, and the latter deals with accounts of their participation in the makings of discourse processing.”16
In this regard, it is important to underline the link between cognitive discourse studies and theory of terminology that is the basics of this dissertation. Correlation between a concept and a term is evident when a researcher uses the principles of both cognitive and terminology theories.
R. Jackendoff17 states that terminology should borrow some components from cognitive theory in order to describe a complex mental concept better. These components are related to a number of rules that can “describe the expressive function of concepts, the syntax of thought, paralleling, for instance, the set of formation rules that delineate possible syntactic structures in a language;
describe the allowable derivations from one conceptual expression to another; define the mapping of other forms of information, e.g. the linguistic representation that conceptual information can be related to.”18The dissertation applies the principle of both theories. In the second and third chapters of the research, the concepts of non-standard labour relations are examined whereas the third chapter analyzed the terms and their translation into Russian.
Legal discourse belongs to the type of institutional discourse, which relates to the field of social regulation and is characterized by rigid organization and hierarchical structure. The law is not only a set of normative acts and laws, but also the most important achievement of socialization culture, which must be a firm foundation for life of a society in general. Traditionally, legal discourse represents the language for special purposes (LSP).
The main component of legal discourse is the text of a legal document, which in the end becomes a push to social and legal development of society. In the present dissertation, the genres of the core texts are written legal text and academic texts written by legal scholars. The language of the legislative discourse is typical, ritualistic and archaic; it obeys very strict stylistic norms in relation to the way of saying. The neutral register of legal issues increases the effectiveness of legal regulation. There are rigid limitations at all levels starting from the macrostructure of the
mplexity_in_discourse/links/53eb50ab0cf2fb1b9b6b0e20/Coherence-Causality-and-Cognitive-complexity-in- discourse.pdf ; Tenbrink T. Cognitive Discourse Analysis: accessing cognitive representations and processes through language data in Language and Cognition 7(01):1-40 · March 2014; Dancygier B., Sanders J., Vandelanotte L.
Textual Choices in Discourse: A view from cognitive linguistics. John Benjamins Publishing, 2012
16 Kłos-Czerwińska P. Discourse: An Introduction to van Dijk, Foucault and Bourdieu. Wrocław – Washington, D.C.
2015. P.63 available at https://www.wsf.edu.pl/upload_module/wysiwyg/Wydawnictwo%20WSF/LiC4.pdf
17 Jackendoff R.X-bar semantics in Semantics and the lexicon.Springer. 1993
18 Ibid.
13
text, the paragraphs, sentences, with an indispensable effort to adhere to standardized forms. The language of law is conservative because archaism gives it authority and even majesty19.
There is a considerable amount of grammatical, lexical, structural features typical of legal texts20. The features make the language of legal discourse complex and often obscure, opaque. As noted by D. Melinkoff21: “Language of lawyers is the way of maintaining professional monopolies preserving the secrets of the profession of a usually understandable word”.
The study of legal discourse appears to be problematic because of the fact that they are closely connected with the nature of legal discourse and specific features of the European and Russian legal systems and languages. Each legal system operates in a complex of socio-political boundaries that reflect historical traditions, customs and the structure of a particular social group.
These complexities are rarely identical in different countries, even if their legal systems have a common origin. Often linguistics faces the task of interpreting a term, the equivalent of which is absent in the target language and culture22.
The fact that there are twenty-three official languages in the European Union reflects its progressive linguistic policy and dynamism. However, the academia has raised some concerns of the role of English in the EU and introduced a new direction of linguistic researches - euro- linguistics and derived from it concepts such as Euroenglish. In 2016 J.Gardener published a guide
“Misused English words and expressions in EU publications” in which he states that “over the years, the European institutions have developed a vocabulary that differs from that of any recognised form of English.”23 Heterogeneity of the European legal community, philosophical and legal differences between the national legal systems of the EU member states, their cultural differences, policy of multilingualism of the EU, enormous amounts of translation of the EU legislative acts, etc. complicate the already thorny way of translating legal texts.
Active processes of internationalization of European law are reflected in the terminology of English EU documents, as evidenced by the tendency of borrowing terminological units from language producers. The EU legal terminology in comparison with other terminological systems is different in terms of word-formation models. Both foreign language and national elements are present.
19 Graddol D. The Future of English as a European Language in The European English Messenger. 2001. Vol. 10. № 2. Р. 47-55
20 Varo A., Hughes B. Legal Translation Explained. Routledge. 2001. P. 117; Šarčevic S. New approach to Legal Translation. The Hague: Kluwer Law International. 1997; Tiersma M. P. Parchment, paper, pixels. Law and the technologies of communication. University of Chicago press. 2010; Mattila H. Comparative Legal Lingusitics:
Language of Law, Latin and Modern Lingua Francas. Ashgate Publishing Limited. 2013;Gibbons J. Language and the Law. Pearson Educated Ltd. 1994
21 Mellinkoff D. The Language of the Law. Little, Brown and Co. 1963. P.526
22 Seidlhofer B. Towards Making ‘Euro-English’ a Linguistic Reality in English Today. 2001. Vol. 17. № 4. Р. 14- 16. 23 Gardner J. Misused English words and expressions in EU publications. European Court of auditors. 2016. P. 3
14
Thus, there is a number of lexical characteristics of the EU legal documents. The documents are monosemantic in other words they have meaning24. The legal texts contain various abbreviations which are used to save space and to avoid distracting the reader with repetitious words or phrases25. Archaic words and expressions are used. These words belong to formal register and are called legalisms or lawyerisms26. Moreover, the legal English has a lot of borrowings - foreign words derived from Latin or French which have undergone either the process of transliteration or the direct borrowing process27. There is a heavy usage of cliché28 and lack of emotional color29. All these features should find their equivalents and adequate translation in the interpretation of the EU legal texts.
Thus, we can conclude that English is the key of creating EU directives and interpretation of EU law in all member countries of the Union. The characteristics of Euroenglish are absolutely unique as it is the result of European languages impact on the recognized forms of English: “Its basic meaning in English is ‘to see something in advance’ and therefore to ‘predict’ or ‘expect’.
In EU texts, it is incorrectly used in many ways that correspond more or less to the uses of the French word prévoir or the German vorsehen (both literally fore-see). We are told that ‘X is foreseen in the regulation’ (= set out in/provided), that ‘onthe-spot checks are foreseen’
(=intended/planned) and that ‘our procedures foresee (= include/provide for) documentary checks’”.30
According to a number of linguists31, Euroenglish is characterized by the following elemens:
• non-consuming ending -s with third person verbs singular;
• using Past Simple Tense instead of Present Perfect Tense (present perfect time);
• “loss”, non-consumption of gerundia;
• excessive or, conversely, inadequate use of articles;
• more simple, relative to the English language, structure of sentences, etc.
In other words, the Euro-English is characterized by a number of significant “simplifications” of the original, native, English. That is why, Euro-English is a special form of language that arose
24 English Oxford Living Dictionaries. Available at https://en.oxforddictionaries.com/definition/monosemantic
25 Abbreviations and letter symbols. Available at https://www.gpo.gov/fdsys/pkg/GPO-STYLEMANUAL- 2008/pdf/GPO-STYLEMANUAL-2008-11.pdf
26 Veretina-Chiriac I. Characteristics and features of Legal English Vocabulary. Available at http://studiamsu.eu/wp- content/uploads/20.-p.103-107.pdf
27 Ibid
28 Mellinkoff D. The Language of the Law/ David Mellinkoff. – Boston : Little, Brown and Co, 1963. – 526 p.
29Mykhailova O. V. Legal English. Available at
http://dspace.univer.kharkov.ua/bitstream/123456789/7033/2/law_lecture.pdf
30 Ibid. P. 35
31 Crystal D. The Future of Englishes in English Today. 1999. Vol. 15. № 2. Р. 10-20.
15
under the influence of European languages and cultures into English as a tool of speech32. In this language it is also used phonemes common to many European languages, that is, easily reproduce sounds typical for many other languages. It represents a certain “universality” of European grammar.
1. 2 Labour law vocabulary in the EU and Russia
The understanding and application of the EU law in Russia is changing very quickly. While some time ago Russian lawyers could easily manage without any knowledge of the European law, its basic principles have now become a constituent component of legal literacy and are taught in law schools. Even trade relations with traditional trade partners in the countries of Central or Eastern Europe, Baltic States and Cyprus, where the influence of Russian capital is well known, should now, when these countries became part of the EU, be built on the basis of the norms and standards of the EU law.
In linguistic units the knowledge is fixed, the position of certain ideas, concepts in public consciousness and culture is reflected. Work is a universal concept, used in different cultures. On the one hand, the meaning of labor seems to be the same. On the other hand, certain concepts of labor can vary in different countries depending on their socio-political and economic structure. In the modern world, the functioning of languages is subject to various factors of influence both extralinguistic and linguistic ones. With the transformation of the social situation in different countries and regions, the semantics of many expressions also changes. Changes occur also because of a purely linguistic nature, related with the internal organization of language expressions, their structure and semantic properties.
Since the EU is a more developed entity, loaning its instruments and vocabulary might greatly facilitate the development of the Russian labour law.
Employment contract is the basic starting point in the consideration of non-standard labour relations as a means of achieving labour market flexibility. Under the Russian law, a written employment contract sets out basic terms and conditions of the employment relationship. The Labor Code provides all employees with mandatory minimum guarantees and employment related benefits and compensations, which cannot be superseded by the agreement between the employer and the employee. Accordingly, any provisions in an employment agreement that impair the
32 Carstensen B. Euro-English in Kastovsky D., Szwedek A. (eds.) Linguistics Across Historical and Geographical Boundaries. De Gruyter, 1986. Vol. 2. Р. 827-835.
16
employee’s position as compared to that set forth by such guarantees will be invalid. As a rule, employment agreements are concluded for an indefinite period of time.
A definite term (fixed-term) employment agreement may also be concluded. Yet, it can not be enforced for longer than five years, and it may only be concluded when the nature or conditions of work make it impossible for the parties to enter into an indefinite term agreement, in particular in the circumstances specifically provided for by Article 59 of the Labor Code.
An employee in Russia cannot be prohibited from holding a second job in addition to his/her full-time employment, with certain limited exceptions and restrictions provided by the Labor Code and other federal laws.
Under Russian labor legislation, the relevant employment duties and obligations must be expressly defined in the employment agreement. It is important that these duties and obligations are defined broadly enough since an employee cannot be required to perform tasks outside the scope of the job duties expressly described in his/her employment. The employer can not expand or otherwise modify these unilaterally without the written consent of the employee. Similarly, the employer generally can not make unilateral changes to the employee’s obligations. In general, employment terms and conditions that have been agreed upon by employer and employee can only be amended by a written agreement of both parties. In the limited cases where an employer is allowed to unilaterally amend the employment terms and conditions agreed upon by the parties the employer must have legal grounds for such changes.
The system of labor law of the European Union is defined as a set of legal norms constituting a single whole made of interconnected elements. The system includes such institutions33 as pre-production relations (employment), individual and collective labor relations, freedom of movement of workers, labor protection, labor regulation of certain categories of workers.
A wide range of regulated labor relations emphasizes the role of the EU institutions and subsidiary bodies in the development of supranational labor law. The EU provisions focus on the protection of workers' rights of workers individual member states. At the same time, they independently develop new, advanced labor standards, which subsequently become united for all members of the integration community.
To study the linguistic foundations of labor law of the EU and the Russian Federation, it is necessary first to dwell on the concept of “labor”. In the EU, labor is a socially useful activity
33 Trevor H. The Foundations of European Community. Oxford University Press. 2013.
17
of a person, aimed at obtaining material or intangible goods. In this case, the work is carried out both individually and within the enterprise34.
The LC of Russian Federation35 uses the method of accreditation. Article 15 states, that labor relations are relations based on an agreement between the employee and the employer. The individual performance of the employee for the payment of the labor function of work (work in the position according to the staffing schedule, profession, specialty with indication of qualifications; a specific type of employee assigned to work) is the interest of both sides. There are several subordination criteria: subordination of the employee to the rules of internal labor regulations; providing the employer with working conditions; provision of inside working schedule. Apart from the LC, there are other legislation and legal acts, which conclude norms of labor law, collective contracts, agreements, local legal acts of labor contract36.
The subject of EU labor law is not labor itself, but labor relations and other closely related relations between workers and employers regulated by national state structures and institutes, bodies and institutions of the EU. By themselves, the labor relations are formed both in the process of production of material and other goods and in the sphere of services where the work of the employee is applied37.
The EU labor law regulates the social relations that are emerging in the process of functioning of the EU labor market, the organization and use of wage labor, and the implementation of collective action. In this context, the question arises of the content and concept of labor relations within the EU38.
In foreign literature, labor relations are understood as the relationship between the employee and the employer. The difficulty in determining the employment relationship within the EU is the need to develop a common understanding of the content of these relations for all EU member states. Russia is not a member of the EU, however, the use and integration of international standards is its urgent task39.
34 34 Regulation (EC) No 91/533/ of the European Parliament and of the Council of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship in Official Journal of the European Union – L 288, 18.10.1991. Р. 32–35
35 Labor Code of the Russian Federation" of December 30, 2001 No. 197-FZ as amended on August 3, 2013
36 Ewing K., Colgan A., Collins H. Labour Law: сases, тexts and мaterials. Oxford Hart Publishing, 2005. P. 432
37 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)in Official Journal of the European Union – L 177, .7.2008
38 Regulation (EC) No 91/533/ of the European Parliament and of the Council of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship in Official Journal of the European Union – L 288, 18.10.1991
39 Weiss M. The future of labour law in Europe. Rise or fall of the European social model? In European Labour Law Journal. 2017. Vol. 8. Is. 4
18
On the other hand, the directives of EU institutions do not contain a legal definition of the term “labor relations” and directly leave it to the Member States to fix the relevant requirements.
The national legislator, when interpreting the content of labor relations, should take into account the opinion of the Court of Justice of the EU, which determined that “labor relations are built on both paid and non-remunerative principles, which are of a continuing nature and subjects of bear labor duties, working for another person and receiving social guarantees.”
While the European Commission insists that a single concept of labor relations at the EU level is necessary, the EU Court ruled that the content of the employment relationship should be determined by the EU states themselves 40.
The EU institutions have chosen the tactic of a progressive movement towards the harmonization of the labor sphere. According to paragraph 2, Article 153 of the Treaty on the Functioning of the EU, the European Parliament and the Council of the European Union can establish minimum requirements, introduced gradually, taking into account the peculiarities in each member state through directives. The volume of regulatory acts that regulate this area is increasing every year. The EU Court, in turn, makes more and more decisions in favor of the Union, thereby obliging states to more clearly and strictly follow the requirements of EU law41.
As a result, there are significant differences in the vocabulary of the legal systems. These differences cause terminological difficulties. The differences in the classification of reality by means of nominative elements, are one of the main reasons for borrowing the English legal terminology for Russian legal language. However, sometimes foreign terms retain their position in the legal terminology system, even in the presence of Russian analogues.
The analysis of the Russian and European labor vocabulary showed that there is only a small part of English language terms that are used in Russian legal terminology system, along with semantically similar Russian terms (“contract” – “dogovor”). The labor law of the European Union is of considerable interests of the Russian legislator, and despite the fact that there are still quite a lot of questions on the application of its individual provisions, its achievements can undoubtedly be used to improve the domestic labor legislation42.
The first inconsistencies in vocabulary of Russia's domestic legislation with international wage acts can already be found in the definition of the concept of “wages”. According to the vocabulary of European legislation on wage protection, “the term “wages” means, regardless of the name and method of calculation, any remuneration or earnings that can be calculated in money
40 The European Parliament and Council Directive No. 96/34 on parental leave
41 Schmitt M. Droit du travail de l’Union européenne, Larcier. 2012.
42 Yegorova E.N. The labor law of the European Union as a branch of European law, Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2017. No. 3.
19
and established by agreement or national law that the entrepreneur must pay, according to by virtue of a written or oral contract on hiring services, working for labor, which is either completed, or must be performed, or for services that are either provided or should be provided”43.
In Art. 129 of the Labor Code, wages are defined as “remuneration for work, which depends on the qualification of the employee, complexity, quantity, quality and conditions of work, performed, as well as compensation payments (surcharges and compensatory allowances ...) and incentive payments (additional payments and incentive allowances, bonuses and other incentive payments).” Earlier, two separate terms “wages” were used in the Labor Code of Russian Federation, which meant the employee's remuneration for work, and “payment”, which meant a system of relations, which depend on the payment of wages. However, after the changes were adopted, these terms were used as synonyms.
With the external similarity of two definitions, there is also a significant difference between domestic Russian legislation and the European one. According to legislation of the EU it is not only about paying for the work done, but also about paying for the work that needs to be done.
The Charter provides the possibility of paying wages to employees “... at their request in kind (products or goods) in agricultural and some other enterprises”. The Charter itself is not subject of ratification and, therefore, does not belong to the number of international treaties of the Russian Federation. Nevertheless, the mention of agricultural enterprises in this act of “soft law”
may indicate the existence of an international regional custom within the CIS that gives rise to such payments.
Probably, it was the logic of the Supreme Court of Russian Federation, which points out in paragraph 54 of Resolution No. 2 of March 17, 2004, “On the Application of the Labor Code of Russian Federation by the Courts of Russian Federation” (as amended on September 28, 2010) that the court, which established the legality of the payment of wages in kind should make sure that “payment of wages in kind is normal or desirable in these industries, types of economic activities or professions (for example, such payments have become common in the agricultural sector of the economy)”.
From the point of view of legal techniques, the use of the Charter of 1994 as a confirmation of regional international custom is not only cumbersome, but also not flawed. Of course, it would be much better if the RF Labor Code explicitly indicateв the sectors in which non-
43 Regulation (EC) No 91/533/ of the European Parliament and of the Council of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship in Official Journal of the European Union – L 288, 18.10.1991
20
monetary payment can be established, and the corresponding list could not be interpreted extensively 44. In this case, the requirements of Convention No. 95 would be fully implemented.
Another serious problem related to the legal regulation of remuneration in the Russian legislation is that the law does not regulate the issue of the ratio of official salary and bonus payments.
In practice, it often leads to the fact that most of the salary is issued as a premium paid for special merits; although in fact it is ordinary wages. Such bonuses, although included in the concept of wages, can be paid on substantially more stringent conditions for the employee. The employer gets an opportunity to deprive such a premium of employees practically at their own discretion45.
Perhaps the most serious inconsistencies in Russia's domestic legislation with regard to the labor payment of international labor standards are manifested in the issue of the minimum wage. In Art. 7 of the International Covenant on Economic, Social and Cultural Rights of 1966, ratified by Russia, provides, inter alia, the right of workers to get wages, ensuring “a satisfactory existence for themselves and their families”46. The term “satisfactory existence” obviously has an evaluation character. Nevertheless, this does not mean that there is no indication what to orient in this case. First of all, it should be noted that the authentic text of the Covenant uses the term not
“satisfactory” and “decent”. This is very important, because the same word (decent) is used in the EU legislation, concerning the same issue. The Russian Federation refused to ratify this part of the Charter, obviously fearing that its implementation would entail “unnecessary” expenses for the state budget.
Wages for full-time work may not be lower than the minimum monthly wage established by the applicable Russian legislation. The amount of the minimum monthly wage is periodically indexed by the government. Regional minimum wages are established by regional agreements.
They apply to all employers in that region that do not opt out within 30 calendar days of the official publication of the respective regional agreement. Some of the constituent regions of the Russian Federation, including the City of Moscow, have already implemented regional agreements on a minimum wage. Regional minimum wages are always equal to or higher than the federal minimum wage and are tied to the regional minimum standard of living.
So today, an employment contract in the countries of the European Union is the main document regulating the most significant aspects of labor relations; in fact, it becomes the foundation of European labor law. It is necessary to significantly increase the regulatory role of
44 Iglin A.V. Features of the labor law of the European Union, Labor law in Russia and abroad. 2016. № 3
45 Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on August 3, 2013)
46 Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on August 3, 2013)
21
the labor contract, to add to it the European content and “weight”, to make an employment contract an effective tool for legal regulation of the labor market. In this regard, further study of the problem of legal regulation of labor relations on the basis of labor contracts should be directed to a comparative analysis of the basic terminology.
In addition, in the western literature, special significance is given to the voluntary nature of the employment contract as an antipode of forced labor. Western labor law experts believe that the structure of the labor contract should be considered in the twofold “contractual” and
“institutional” parts of contractual relations. The first one is based on the worker’s right to freedom.
The second one is based on the thesis of the institutional content. This content remains, that the enterprise as an organized mechanism in which should take into account the personal and collective interests of the labor relation parties.
Thus, we can assume that in the fundamental approaches of the western understanding of the employment contract is not much different from the current domestic interpretation of its legal content, but the practical implementation of the terms of employment contracts in the RF and the European Union countries differ significantly.
Note that the pragmatism of labor contracts lies in the fact that European countries avoid the proclamation in the legislation of declaratory rights, such as the right to work, while the legislation often specifies the specific objectives of concluding an employment contract for its employees who have concluded fixed-term employment contracts.
Thus, an employment contract in the European interpretation is: voluntary, bilateral, consensual47. It should be noted that despite the standardization of labor contracts concluded in the countries of the European Union, the legal regulation of an employment contract is characterized by considerable differentiation, which takes into account the diversity of labor of different categories of workers, working conditions, forms of employment, occupational peculiarities of labor activity, etc.48
It is worthwhile to highlight the problematic issue of concluding an employment contract, namely, the time of commencement of work as an essential condition of an employment contract.
In the Russian LC there is no normative fixing of the moment from which the employee is obliged to begin to perform his labor duties49.
Taking into account foreign experience, it may be noted that in order to protect the interests of the parties to the employment contract it is necessary to establish in a normative manner the notion of “time of commencement of work”. At the time of the beginning of work, according
47 The European Parliament and Council Directive No. 96/34 on parental leave
48 The European Parliament and Council Directive No. 96/34 on parental leave
49 Labor Code of the Russian Federation" of December 30, 2001 No. 197-FZ (as amended on August 3, 2013)
22
to the model EU Directives, it is necessary to understand the date and time from which the employee is obliged to begin to perform his labor duties. It should be foreseen that, as a rule, the time of release to the workplace coincides with the moment of the beginning of the working day in accordance with local regulations. Such a legal order will eliminate misunderstandings about the moment of labor relations between particular subjects50.
The issue of atypical employment, including distance work, is also important. In Russia, there are still no statistics on the number of people working remotely, but their number is quite significant and continues to grow. An analysis of non-standard employment in Russia and the world proves the necessity of its legal regulation in order to determine the rights and obligations of its subjects, as well as the responsibility of the latter.
It is worth noting that in the EU Directives expanded this concept, including freelancers, distance workers. It is necessary to legally consolidate new terms and concepts in the Labor Code of Russian Federation.
An employment relationship may be terminated by the employer only on the specific grounds provided in the Labor Code, including: a reduction in the workforce, the employee’s repeated failure to perform his/her employment duties without justifiable reasons (if the employee was lawfully disciplined within the preceding 12 months), the employee’s unjustified absence from the workplace for more than four consecutive hours during one working day, and other reasons. Arbitrary termination of an employment relationship by the employer is not allowed, except in the case of the company CEO, who can be dismissed by unilateral decision of the owner provided he/she is paid adequate severance compensation equal to at least three months’ average earnings51.
Employers must strictly comply with specific procedures and documentary requirements provided by the Labor Code when terminating employment for any reason. The Labor Code gives additional protection to a number of categories of employees including minors, female employees, employees with children, trade union members, and various other categories. Conversely, employees are entitled to terminate their employment at any time, without stating any reason, and, as a general rule, with only two weeks’ written notice to the employer.
However, in the LC of the Russian Federation, unlike the current legislation of the EU, the issue of the termination of labor relations from the grounds independent of the will of the parties was settled, namely, with the onset of legal facts. This may be the termination of labor relations in the event of the death of the employer - an individual, the recognition of his missing
50 Iglin A.V. Features of the labor law of the European Union ,Labor law in Russia and abroad. 2016. №3
51 Labor Code of the Russian Federation" of December 30, 2001 No. 197-FZ (as amended on August 3, 2013)
23
or the declaration of the deceased or the termination of employment in the event of the death of the employee, recognition of him missing or declaring the deceased.
Also interesting is the fact that it is necessary to secure the concept of lockout in the legislation and to prohibit the employer from conducting it, that is, to dismiss employees in large numbers to achieve certain goals, disguising these actions under concepts as “state reduction” or
“optimization”. Therefore, it is necessary to establish such boundaries and to establish clear criteria for differentiation
Since the 1966 Covenant and the Charter used the same terms literally, it seems quite correct to use the interpretation of the European Committee on Social Rights and with respect to the provisions of the 1966 Covenant, for which Russia has direct legal obligations. The argument that Russia is not economically prepared to secure such obligations is not only legally incorrect (it is a question of bringing domestic legislation into line with the international treaty already in force in relation to Russia in accordance with Article 15 (4) of the Constitution), but also economically.
24
Chapter II. Terms and definitions on labor flexibility regulations in the EU and Russia
This chapter focuses on the analysis of a selection of terms related to flexibility in the labour law fields. Section one gives a brief overview of the concept of “Employment status” in the European and Russian systems. The second section begins with an examination of market deregulation.
Particular attention is paid to the concept of flexibility in the two systems.
In the third part of the chapter, issues and problems regarding self-employed work are discussed. In the fourth paragraph, labor market policy is presented and Employment Protection Legislation (EPL) is analyzed. In the last part of the chapter, there is a shift from the EPL legislation to the labour disputes regulation studies.
2.1 Employment status
According to the OECD, “Status in employment refers to the status of an economically active person with respect to his or her employment, that is to say, the type of explicit or implicit contract of employment with other persons or organizations that the person has in his/her job”52. Employment status has always been one of the key objectives of state labor and social policy, practically in every state, both in Russia, EU and its member states. Therefore, major aspects of employment regulation remain under the state authority, and thus are being regulated mainly by public law.
However, in various aspects the terms and conditions of employment significantly shifted in past decades, resulting in non-standard labor relationships which are described and analyzed in the third chapter of the dissertation. These shifts inevitably affected the state labor and social policies, resulting, for example, in recognition and definition of employment status.
One may observe, that considering the employment status regulation from the position of state power and policy, the Russian labor law and its vocabulary are rather inert in the context of rapid employment status development. Namely, unlike the labor contract relations, regulated mostly by Russian Labour Code (RLC), major aspects of employment status and labor market policy are not covered by the code. The aspects of employment status and labour market policy
52 OECD, Glossary of statistical terms available at https://stats.oecd.org/glossary/detail.asp?ID=786
25
are regulated by special laws and numerous bylaws, like the governmental and ministerial decrees.
Moreover, many relevant norms are laid down in tripartite agreements between the government, employers and trade unions that affect the establishment of numerous aspects of employment regulation in certain industries or regions53.
RF Law “On employment in the Russian Federation” of April 4, 1991 No. 1032-154 is the main law that introduces practically the majority of the vocabulary on employment status. An exception is the set of terms referring to considering non-standard forms of working relations which are introduced in the labor and civil codes of the Russian Federation. Adopted at the break of the market economy relations in 1991, the above law has been significantly revised only in 1996, therefore containing lots of outdated regulations – and terms also.
The Russian law on employment status operates with two major terms: ““zanyatye grazhdane” (“employed citizens”) and “bezrabotnye” (“unemployed”).
The basic term considering the employment status is “zanyatost” (“employment”) itself (the Russian labor law lexicon practically does not use construction as “employment status”, although the expression “unemployed status” is widely used in legal literature55; though, again, not in the basic law).
Under the Article 1 of RF Law “On employment in the Russian Federation”, employment is interpreted as “the activities of citizens associated with the satisfaction of personal and social needs, which are not contradicting the legislation of the Russian Federation and bringing, as a rule, to them earnings, labor income (hereinafter - earnings)”.
The concept of “zarabotok” (“earnings”) is key to defining the employment status. In the legislative vocabulary,zarabotok may appear in two major forms: earnings and labor income.
The term “zarabotok” (“earnings”) means the remuneration for labor, which is received by citizens working under an employment contract. Earnings include the tariff rate or salary, as well as bonuses, other incentive payments, which are established centrally or in the sectoral tariff agreement, collective agreement, individual employment contract.
The term “trudovoj dohod” (“labor income”) is used, as a rule, in other cases when it is a question of remuneration for personal labor of citizens engaged in entrepreneurship, self-employed work, receiving remuneration under civil contracts, and so on.
53 Orlova E.E. Osobennosti differenciacii v pravovom regulirovanii zanyatosti naseleniya [Features of differentiation in the legal regulation of employment] in Vestnik Belgorodskogo gosudarstvennogo tekhnologicheskogo universiteta im. V.G. SHuhova. No 2. 2013. P. 231-233.
54 RF Law “On employment in the Russian Federation” of April 4, 1991 No. 1032-1Collection of Legislative Acts of the Russian Federation. No. 17. 1996. Article 1915.
55 Klechkovskaya L.G. Pravovoe regulirovanie zanyatosti naseleniya v Rossijskoj Federacii [Legal regulation of employment in the Russian Federation]. Moscow. Rossijskaya tamozhennaya akademiya. 2014
