Public-Law Mechanisms of Social Partnership

The paper offers a multidimensional analysis of the legal model of social partnership, viewed as a fundamental institution of the social rule-of-law state. The author understands as an imperative-dispositive construct in which public-law regulation guaranteed by the state is systematically combined with private-law dispositivity realized through the autonomy of will of the social partners. The study examines in detail the internal architecture of this model, including its normative and doctrinal foundations as enshrined in the Constitution of the Russian Federation and labor legislation. Particular attention is paid to the systemic interaction of its key elements: the tripartite structure of subjects, with the state performing a threefold role as guarantor, arbitrator, and employer; the hierarchically organized levels of implementation, including the federal, interregional, regional, sectoral, territorial, and local levels; and the legal forms of dialogue, among which collective bargaining regulation occupies the dominant place. The paper identifies and analyzes systemic dysfunctions of the model, such as the formalization of negotiation procedures, the limited effectiveness of sanctioning mechanisms, the spread of practices of «pseudo-partnership», and the fragmented inclusion of small and medium-sized businesses. In a comparative legal perspective, the Russian model is differentiated from the German model, with its primacy of sectoral tariff agreements, and from the Anglo-Saxon model, which relies on decentralized bipartism and pressure-based methods. In conclusion, the author substantiates a strategic vector for the constitutionalization of social partnership, which presupposes not a revision but a qualitative evolution of the institution through ensuring the direct effect of constitutional principles, implementing standards of social responsibility in national legislation, and fostering a genuine legal culture of social dialogue as a condition for sustainable development and social peace within the framework of achieving the national development goals of the Russian Federation.

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