The paper concerns guarantees when concluding an employment agreement, stipulated by the article 64 of the Labour Code of the Russian Federation. Based on the analysis of the provisions of the law and application practice including foreign legislation and practice it is concluded that it is necessary to differentiate between unjustified refusal and illegal refusal. This problem is of fundamental importance when determining the consequences of the court decision concerning unjustified or illegal refusal to hire an employee. The author suggests to establish in the law employer's obligation to employ an individual, if he was illegally refused an employment contract.

The article analyzes trends in law enforcement practice concerning the compulsion of an employer to conclude an employment agreement in cases of unlawful refusal to hire. It establishes the lack of consistent judicial practice regarding the emergence of employment relations based on a court decision. It proposes to differentiate the legal consequences of an unlawful refusal depending on whether the parties have reached agreement on entering into employment relations.