Preserving Secrecy in the Frame of Labour Relationships: Methods of Secrets Protection, Analysis of the Problems and Proposals to Improve the Legislation

Introduction. The large-scale transformations in the state power and governance authorities of the Russian Federation have led to the significant change of the role assigned to the legal and state institutions. The reforms have also affected the matters related to the protection of various types of secrets in the frame of labour relationships, organisation of the work of the human resources departments and their interaction with the law enforcement and regulatory authorities. The authors as well as other scientists study the various viewpoints on this issue, however, neither in the scientific nor in the law enforcement circles there exists a uniform opinion on the methodology of protecting the secrets. The aim of this study is to investigate the existing methods of protecting the secrets, to identify the problematic aspects in the system of interaction between the state, law enforcement and judicial bodies of the Russian Federation and to propose possible solutions for improving the methods of preserving secrecy at the current stage of development of the country.

Materials and Methods. The general scientific and specific scientific methods were used in the frame of the study, such as, the dialectical method of cognition, the cognitive analysis method, the sociological method and others.

Results. When carrying out the certain actions under the employment contract, an employer and an employee are guided by the special rules, which correspond to a specific secrecy preserving behaviour, but which, in the author’s opinion, are not enough accurate and worked out in the acting legislation of the Russian Federation. The main problems referring to this subject are: the insufficiently developed theoretical apparatus; a narrow range of powers in the frame of the state supervision; low level of administrative liability of the subjects. To solve these problems, a number of measures are proposed to optimize the legal support of the parties of the employment contract in the frame of protecting their rights and freedoms and providing them with the guarantees necessary to ensure the regime of preserving secrecy.

Discussion and Conclusion. To ensure the efficient legal policy of the state, the constant improvement of the legal framework is required. The present article investigates in detail the problems of organising the interaction of both the state and private employers with the law enforcement and judicial authorities of the Russian Federation in the frame of implementing the methods of secrecy preservation, and the ways of solving these problems are proposed. The main conclusions made by the author have theoretical and practical significance for further research in this field.

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