Annotation

The author of the article, who specialises in civil law, discusses such a legal phenomenon as the right to human labour, which is the most important fundamental resource of the modern economy but has a special legal status, initially appearing in all countries as personal hiring, it now constitutes a separate asset deliberately isolated from civil law with inalienable public legal encumbrances constituting the right to labour raised to the constitutional legal level. In continental legal systems, especially in France, there has also been a legislative evolution with some conceptual exceptions to the assumed pan-European approaches. Many researchers argue that market needs and economic incentives lead to civil law regulation “crowding out” the labour status of workers, and that this process is objective for all legal systems, which is impossible to agree with due to the legal principles established in the Russian Federation. The presumption of labour relations is the main conceptual difference between Russian and foreign labour legislation, where civil law supplements it.