On the stages of factory inspection from the “sanction model” to the “сonformity model”

Abstract

The civil legislation of the beginning of the 19th century did not establish proper legal regulation of freelance labor, since most of the workers were serfs. At the same time, the need for such regulation was strongly felt, which led to increased attention to the labor issue and, as a result, to the formation of the Institute of factory inspection. The article provides a retrospective step-by-step analysis of the formation and development of factory inspection as a forerunner of the school of labor rights. In relation to the previous period, the lack of legal regulation is revealed, specific proposals are formulated to improve the norms of codified acts. An interpretation of the Keynesian theory of “deviation from equilibrium” through the prism of protecting economic and social interests is demonstrated, while it is shown that labor legislation can tend to a certain resultant, to the need to move from a “model of sanctions” to a “model of compliance”. Special attention is paid to the activities of I. I. Yanzhul, Professor of the Moscow Imperial University, who headed the factory Inspectorate of the Moscow district. Reference to his scientific and practical heritage allowed us to substantiate the conclusion about the undoubted influence of factory inspectors on the formation and development of not only domestic labor law, but also the corresponding branch of legal knowledge. This can be most clearly seen in the development of the system of Supervisory and control bodies and the change in their functions from simply detecting violations to helping to eliminate the causes that give rise to them, from resolving disputes to preventing them. The author substantiates the conclusion that from the standpoint of the constitutional right to protect economic and social interests, labor law is focused on reaching a compromise between the parties to social and labor relations.