STATEMENT OF THE FUNCTIONS OF LABOR LAW IN THE PROCESS OF PASSING THE MUNICIPAL SERVICE (FOR EXAMPLE, THE FUNCTION OF ADMINISTRATION (MANAGEMENT) AND SOCIAL PEACE)

Abstract

Purpose. A study of the implementation of the functions of labor law in the process of municipal service by municipal employees. Methods. In the article the analysis of the provisions of the Federal law "On municipal service in the Russian Federation" of fixing additional grounds termination of the employment contract with the municipal officials. Comparative characteristics of the procedure and grounds for termination of service contracts with the state civil and municipal employees, which has allowed to reveal differences in the order of termination of service relationship on the same grounds. Results. The work proves that the functions of labour law in particular such as administration function (control) is aimed at satisfaction of socially relevant needs of the employer and the function of the social world, aimed at meeting the needs of the state as the generalized needs of society find their expression in the rules governing the receipt, transmission and termination of official relations with the municipal officials. The conducted study allowed to conclude that the envisaged termination of the employment contract with municipal officials, first, not only does not fulfil the functions of labor law, but does not meet the intended purpose of the grounds for termination of the service relationship, secondly, provided order is contrary to government policy to combat corruption. Scientific novelty. Scientific novelty lies in the analysis of the Federal law "On municipal service in the Russian Federation" in the part of the additional bases of the termination of the employment contract with the municipal employees and their conformity to socially significant needs of the employer and the state and intended purpose.