The Scientific School of Labor Law

The Scientific School of Labor Law was created in 2019 with the aim of conducting scientific research in the field of labor law

Within 4 years, more than 50 scientific papers were published under the scientific school as well as final theses of:

  • 1 PhD student (Seydimbek A. A.);
  • 5 Masters in Law;
  • 18 Bachelors of Law.

 

The preferred areas of research:

  1. International Labor Law;
  2. Comparative Labor Law;
  3. Labor Law of the Republic of Kazakhstan;
  4. Trade Union Law;
  5. Digitalization and the labor field;
  6. New forms of employment.

 

Interdisciplinary research at the intersection with the following branches of law is conducted as well:

  1. Civil and Corporate Law
  2. Administrative Law
  3. Social Security Law
  4. Migration Law
  5. Digital Law

The Scientific School of Labor Law is a structural division of the MNU Law School.

 

The school staff consists of:

  • the main staff and
  • doctoral students, master’s students, and students.

 

Currently, the Scientific School is represented by: Associate Professor, Doctor of Law, Professor Lyutov N.L., Associate Professor, PhD, Khasenov M.Kh., PhD-doctoral student Voitkovskaya I.V., Master students and undergraduate students.

 

The staff of the School:

Nikita Leonidovich Lyutov,
Doctor of Law, Professor, Associate Professor, MNU

According to the National H-Index Rating for 2023, ranks 38th on the Hirsch Index (Google Scholar) among scientists in Kazakhstan and first among legal scholars: https://kz.h-index.com/en/scholar1000 .

 

In the framework of an anonymous survey regarding academic reputations of Russian legal scholars he was named the first in the specialty “Labor Law; Social Security law” (see: Bocharov T.Y., Hodjaeva E.A. Academic Reputations and Social Portrait of Russian Legal Scholars / edited by K.D. Titayev – St. Petersburg: Institute for Problems of Law Enforcement at the European University in St. Petersburg, 2022. С. 22. URL: https://enforce.spb.ru/images/lawers_memo_online-1.pdf).

 

From 2014 to 2022 – Head of the Department of Labor Law and Social Security Law at the O.E. University. Kutafina (MSAL); from 2019 to present – Extraordinary Professor at the School of Industrial Psychology and Human Resource Management at North-West University, Potchefstroom, South Africa.

 

He has served as a visiting professor at a large number of universities in different countries.

 

The main area of research and teaching activities includes international and comparative labor law. The greatest attention in the research is paid to the problems of compliance of labor laws of the countries of Eastern Europe and Central Asia with international labor standards, regional aspects of legal regulation of labor within the EAEU, CE, EU and other regional associations, the influence of globalization and the activities of TNCs on social and labor standards in the world, transformation of legal models for regulating labor relations in post-industrial society and the development of new forms of employment in the context of digital technologies (remote work, platform employment, etc.).

 

Membership in public and scientific structures: Steering Committee of the international research network Labor Law Research Network (LLRN); Scientific Advisory Council of the Supreme Court of the Russian Federation. He is a member of the editorial boards and editorial councils of a number of international scientific journals in the field of law.

 

Author of more than 220 publications in the field of Russian labor law, international and comparative labor law, including monographs, textbooks, teaching aids, as well as a large number of scientific and practical articles in leading Russian and foreign publications on Russian labor law, comparative and international labor law.

 

As of October 2023, H-index N.L. Lyutova according to the RSCI leaves 36, the total number of references to works in the RSCI is more than 5200, on the Google Scholar portal: the H-index is 33 and the number of citations is more than 5800. These figures are the highest for Russian-speaking authors in the field of labor law and social security law.

 

From 2016 to 2023 Lyutov N.L. led a number of expert and analytical studies commissioned by the International Labor Organization (ILO). The research topics included an assessment of the prospects for reforming the labor legislation of a number of countries (Belarus, Kyrgyzstan, Uzbekistan, Tajikistan) from the point of view of bringing them into line with international labor standards; adaptation of social protection measures and regulation of labor relations in the countries of Eastern Europe and Central Asia (Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Russia, Uzbekistan); assessing the deregulatory impact of reforms initiated by international financial institutions in relation to labor inspection systems in post-Soviet states; assessing the prospects for Kazakhstan’s ratification of the ILO Convention on Violence and Harassment at Work, 2019 (No. 190); assessment of draft laws in terms of compliance with international labor standards, research into the problems of informal employment, etc.

Khasenov Muslim Khanatovich
PhD, Associate professor MNU

Member of the Scientific Advisory Council under the Constitutional Court of the RK, member of the Young Experts Club under the Senate of the Parliament of the RK, member of the Public Chamber under the Majilis of the Parliament of the RK, member of the Expert Council under the Ombudsman for Human Rights under the President of the RK, member of the Expert Council under the Federation of Trade Unions of the RK.

 

The expert regularly gives opinions for courts and state bodies on interpretation and application of the legislation of the Republic of Kazakhstan.

 

He was a consultant in a number of projects of the International Labor Organization, the World Bank, the UN Development Program, UN Women, ministries and agencies of Kazakhstan, consulting companies.

 

Holder of the “Altyn Belgi”, winner of the State Youth Award of the Government of the Republic of Kazakhstan “Daryn” in the nomination “Science” (2018), the prize of the Foundation of the First President of the Republic of Kazakhstan for the 1st place in the competition “The best young lawyer of the year” in the nomination “Contribution to legal science” (2018), awarded with the badge “For merits in the development of science of the Republic of Kazakhstan” (2022), scholarship holder of the Konrad Adenauer Foundation (2010, 2017).

 

Author/co-author of over 100 publications on legal issues, including monographs and textbooks on labor, commercial and economic law in Russian and English.

PhD students:

  1. Ilona Vladimirovna Voytkovskaya
  2. Zhurunova Mereke Konyskhanovna
  3. Aliyev Farid Bakhtiyar ogly
  4. Seydimbek Aibar Asylkhanuly

Master’s students:

  1. Kurmanalinova Madina
  2. Amanbaykyzy Dinar
  3. Berik Dina
  4. Bakytzhan Banu
  5. Turchekenov Osman
  6. Mukanov Alibek
  7. Musaeva Zhadyra
  8. Yelemesov Nursat
  9. Kaldygulova Dybys
  10. Adieva Aiyazhan
  11. Kuanyshbaeva Ulzhan
  12. Kenzhetayeva Almira
  13. Kanatkyzy Madina
  14. Habibulaeva Aset
  15. Yerken Sanzhar

Students:

  1. Arslan Mert
  2. Almat Suleimenov

Ongoing Projects

  1. Compliance analysis of labor legislation and law enforcement practices of the Republic of Kazakhstan with international labor standards (on an ongoing basis)
  2. International research collaboration within the Labor Law Research Network (LLRN) (http://www.labourlawresearch.net/) and other academic venues
  3. Contribution to the preparation of the international Elgar Encyclopedia of Comparative Labor and Employment Law (2023-2026)
  4. Analysis of judicial practice in labor disputes (on an ongoing basis)
  5. Seminars on labor law for the public (on an ongoing basis)

Implemented Projects

Professional certification program “HR and Law”

 

 

 

This program was first implemented in 2021, first graduation was held in May 2021.

 

In 2023, the second graduation of the program was held on May 29.

 

As a result of the second cohort, 32 people from all over the country completed the program. Through online format, we have been able to secure regional representation. Our trainees include managers and leading specialists of republican associations of trade unions and employers, sectoral and local trade unions, legal and HR departments. Trade unions make up half of the trainees, and this is gratifying, as they can now bring knowledge to the masses, correctly explain labor legislation to their members and competently defend their rights.

 

Speaking about the program itself we should emphasize its uniqueness.

 

First of all, it’s content. 72 hours of intensive training 3 times a week for almost 3 months (from March 9 to May 27, 2023) allowed to cover all aspects of labor relations and the basics of HR management.

 

Detailed breakdown of 117 court cases, including the most recent 2022-2023 cases, across 6 modules:

1) regulation of labor relations (general provisions, labor law formula):

2) сontracts in the field of labor: constructions and enforcement;

3) legal risk management system in HR management and personnel records management;

4) social partnership and collective labor relations;

5) work regimes and remuneration systems;

6) resolution of labor disputes and conflicts.

 

Secondly, it is the systematization of materials in digital format.

 

All studied and authored materials of our lecturers are placed on a special educational platform Canvas, which is used by all our students. They include presentations, court filings, and video of all classes. Students will retain permanent access to this system, thus will be able to periodically refresh their memory of certain classes.

 

The third and most important feature is the composition of the program’s lecturers. 7 top-notch experts who have deep practical experience in the field. Our speakers are a successful example of combining science and practice.

 

Our speakers are a successful example of the combination of science and Muslim Hasenov, the author and program director, an expert in the field of labor law, PhD, Associate Professor at Maqsut Narikbayev University Graduate School of Law, author of a textbook on labor law, serves as an expert in various projects.

 

Nikita Lyutov is an internationally recognized scholar in the field of labor law, Doctor of Laws, Associate Professor at Maqsut Narikbayev University Law School, author of a textbook on international labor law, also consults for the International Labor Organization and acts as an expert in various projects.

 

Aslan Tukiyev is the Chairman of the Judicial Collegium on Administrative Cases of the Supreme Court of Kazakhstan, PhD in Law, one of the founders of administrative justice in Kazakhstan, under his chairmanship considered the most famous cases of modern labor law in Kazakhstan – a dispute over the status of platform worker, on civil law contracts with West Kazakhstan medical workers, sectoral agreements and many other cases where acts of the state labor inspection were challenged.

 

Esther Babajanyan is a Master of Laws, Teaching Professor at the Law School and Head of the Legal Clinic of Maqsut Narikbayev University, also practicing law, regularly provides legal opinions for courts and consults on a wide range of issues.

 

Slava Savina is a Master of Psychology, Head of Strategic Development Division of Strategy and HR Department, Senior Lecturer at Maqsut Narikbayev University, holder of international certification in the field of Personnel Management SPHRi (Senior Professional in Human Resources).

 

Zhan-Tore Ayazbekov is a Master of Economics, an alumnus of Lomonosov Moscow State University and Queen Mary, University of London, Teaching Professor at Maqsut Narikbayev University, a consultant and manager in the field of HR and change management, holder of international certifications in HR and project management – CIPD and IPMA.

 

Lauera Zakey is a Master of Law, specialist in labor law, Director of Law&Work PF, ICF/ILO coach, EBRD mentor/ambassador, PhD doctoral student.

 

Apparently, all of our lecturers have both practical and academic backgrounds, which helps to ensure that the knowledge gained is applied, while at the same time being fundamental and scientific in its approach to the disclosure of topics.

 

According to our observations, there are no analogues of this program on the market in terms of its content and composition of lecturers. The course is interdisciplinary at the intersection of law, HR-management and conflictology.

 

Cooperation of the Scientific School

  1. Constitutional Court of the RK (membership in the Scientific Advisory Council and preparation of expert opinions)
  2. Supreme Court and courts of the RK (preparation of expert opinions)
  3. Senate of the Parliament of RK (membership in the Young Experts Club and participation in working groups on draft laws)
  4. Majilis of the Parliament of the RK (membership in the Public Chamber and participation in working groups on draft laws)
  5. Commissioner for Human Rights in the Republic of Kazakhstan (membership in the Expert Council and preparation of expert opinions)
  6. Ministry of Labour and Social Protection of Population of RK (participation in working groups)
  7. Trade unions of the RK (membership in the Expert Council of the Federation of Trade Unions of the RK and training of trade union leaders and activists)
  8. National Confederation of Employers PARYZ (clarification of labour legislation)

Professors of the scientific school cooperate with scientists of leading scientific centres abroad:

  • Germany (University of Frankfurt),
  • Italy (University of Bologna, University of Bergamo),
  • Hungary (Catholic University),
  • Poland (University of Warsaw),
  • Lithuania (Vilnius University),
  • Estonia (University of Tartu), et al.

Scientific seminars

On May 13, 2023, representatives of the Scientific School of Labor Law of Maqsut Narikbayev University Nikita Lyutov, Muslim Hasenov and Ilona Voitkovska took part in the international round table “Labor and Law in the Digital Age” organized by Samarkand State University. The event was attended by scientists from Kazakhstan, Uzbekistan, Italy, France, Hungary, Belarus.

 

Muslim Hasenov made a presentation on Protection of workers in the context of extension of new employment forms. He spoke about the experience of Kazakhstan (positive and negative), in terms of regulation of remote work and novelties of 2023 (flexible forms of employment and modes of work), as well as high-profile amendments on platform employment.

 

In the regulation of platform employment, two key factors that influence the qualification of the relationship as an employment relationship (which our Ministry of Labor and Social Security does not want to recognize) should be taken into account:

  • the presence of control (including algorithmic) and subordination;
  • the existence of economic dependence, or who sets the prices for services (independent contractor or platform).

 

Consequently, given the business model of the platform, it is possible to testify to the nature of the relationship between the agent (platform worker) and the platform (operator). Unfortunately, the norms of the Social Code of Kazakhstan dated April 20, 2023 directly refer these relations to civil-law relations, without taking into account the realities and various constructions available on the labor market.

 

In any case, the state must guarantee a minimum level of protection for a person of labor regardless of the formal legal status that is granted within a particular form of employment by legislation. Manipulation of the concept of “independent contractors” should not deprive workers of basic social rights. These guarantees should include minimum wages and social protection, labor and health protection.

 

Nikita Lyutov, Doctor of Law, Professor, Associate Professor of MNU, spoke on “Digital technologies and labor rights: friends or foes”.

 

Our colleagues from Italy shared their vision of labor law development in the context of digitalization:

  • Professor at the University of Bologna Dr. Emanuele Menegatti dedicated his presentation to digital sustainability and the idea of a basic income for citizens;
  • Professor of the University of Modena and Reggio nel Emilia Dr. Iacopo Senatori spoke on the challenges and prospects of telecommuting;
  • Professor at the University of Trento Dr. Riccardo Salomone spoke about the benefits of digital transformation for the labor market;
  • Postdoctoral researcher of the University of Siena Dr. Marco Tufo dedicated his paper to the collective dimension of platform employment.

 

A colleague from Hungary, professor at the University of Miskolc Dr. Gábor Mélypataki, made a presentation on “Labor Law 4.0. Dream or reality?”.

 

A colleague from France, a professor at the University of Paris-East-Marne-la-Vallée, Dr. Claire Marzo dedicated her presentation to platform employment.

Events in 2022:

 

June 9, 2022. Lyutov N.L. spoke at the XV session of the European-Asian Legal Congress “Internationalization of Legal Science and Education” (Ekaterinburg, Russian Federation) with a report on “Internationalization of labor law in the context of global challenges”; Khasenov M.Kh. made a report on “Modern approaches to regulating the phenomenon of platform employment”.

 

September 23, 2022 Khasenov M.Kh. spoke at the International scientific-practical conference (within the framework of annual civilist readings) “Application and interpretation of law and contract” with a report on “Distinction of labor and civil law contract in the Republic of Kazakhstan: problems of theory and law enforcement practice”, prepared an article in the collection of the conference.

 

September 29 – October 1, 2022 Khasenov M.Kh. took part in the international conference “Universities at the crossroads: academic freedom in a changing world” in Tbilisi (Georgia) with a report on “Academic freedom and academic autonomy in Kazakhstan”.

 

October 26, 2022 N.L. Lyutov gave a guest lecture together with Prof. B. ter Haar (Netherlands) on Collective Bargaining in Russia and the Netherlands at the North-West University (South Africa).

 

On October 28, 2022, I.V. Voitkovskaya held a guest seminar with doctoral students from the University of Pretoria (South Africa) on Sexual Harassment at the Workplace in Russia and Kazakhstan.

 

November 1, 2022 N.L. Lyutov spoke at the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan with the report “Prospects of ratification by Kazakhstan of the ILO Convention on Violence and Harassment at Work” within the framework of the technical cooperation project between the ILO and the Republic of Kazakhstan.

 

November 18, 2022 Lyutov N.L. made a presentation on “Platform employment: draft of the new EU directive and norms of Russia and Kazakhstan” at the International Scientific and Practical Conference “New Horizons of Labor Law (to the 90th anniversary of Professor A.K. Bezina)”, organized by Kazan Federal University (RF).

 

November 18, 2022 Khasenov M.Kh. made a speech at the international scientific conference “Family-demographic and gender policy at a new stage of development of Kazakhstan”, organized by the National Commission on Women’s Affairs and Family and Demographic Policy under the President of the Republic of Kazakhstan with a report on “Analysis of international and Kazakh legislation on combating domestic violence. Law enforcement and recommendations for their improvement”.

 

November 25, 2022, in the framework of the Enhanced Dialogue in Central Asia: “Combating Violence: Women and Girls at Risk. Addressing Causes and Providing Assistance. Strengthening Access to Justice”, organized by the Inter-Police RK, OSCE and UN Women. Khasenov M.Kh. made a report on: “The problem of domestic violence in the context of human rights”, and Khasenov M.Kh. made a report on: “The problem of domestic violence in the context of human rights”. Lyutov – with a report on the topic: “ILO Convention 190: prospects of ratification by Kazakhstan”.

 

November 28, 2022 Khasenov M.Kh.spoke at the expert online discussion “Economic consequences of gender violence and discrimination in Kazakhstan”, organized by the International Center for Journalism MediaNet with a report on “Countering domestic violence in Kazakhstan: problems of legal protection”.

 

December 10, 2022 Khasenov M.Kh. took part in the first country meeting of the International Organization for Migration within the framework of the 4-year project “Program of Assistance to Regulated Labor Migration in Central Asia” (he was included in the coordination mechanism from the academic community on the recommendation of the Commissioner for Human Rights of the Republic of Kazakhstan).

 

December 19, 2022 Khasenov M.Kh. took part in the scientific and practical conference “Implementation of the Constitutional Court in Kazakhstan – an important step in building a just and legal state”, organized by the Academy of Advocacy, made a report on “Decisions of the Constitutional Court of the Republic of Kazakhstan: legal nature, legal force and prospects of application”.

 

January 27, 2023 Khasenov M.Kh. took part in the Forum of social partners “New social contract: fair labor relations”, organized by the Federation of Trade Unions of the Republic of Kazakhstan, made a report on “Problems of implementation of social partnership in Kazakhstan”.

 

February 7, 2023 Khasenov M.Kh. took part in the live broadcast of the program “Priorities” studio of the Federation of Trade Unions of the Republic of Kazakhstan in the format of an interview, spoke about the state and prospects of social partnership and in general social and labor relations in Kazakhstan.

 

March 3, 2023 Khasenov M.Kh. participated in the international scientific-practical conference “Anti-aging – a new direction in the development of law”, March 3, 2023, Al-Farabi KazNU, Almaty.

Student organizations

There are 2 Scientific Clubs within the Scientific School:

  • Kazakhstan Labor Law Student Club,
  • International and Comparative Labor Law Student Club.