Tatyana Yu. Korshunova
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, firstname.lastname@example.org
Abstract. Recently, the question of the role and place of judicial practice in the legal system of Russia has become increasingly relevant and acute. Sometimes contradictory opinions are expressed in scientific discussions from recognizing the right of the courts not only to interpret, but also to create law, fill gaps and eliminate inaccuracies, to denying in principle such a possibility. Currently, there is a situation in which not only the decisions of the Plenums of the Supreme Court of the Russian Federation and reviews of judicial practice, but also decisions on specific cases play an important role in law enforcement. These reviews also form ideas about the proper behavior of both the employer and the employee. Judicial practice related to the consideration of cases arising from labor relations is of great importance, since the construction of a system of labor law norms is based on the idea of humanism: the attitude to a working person — his life, health, professional self-realization, dignity as values significant to society. This is manifested primarily in the recognition of the vulnerable position of an employee in an employment relationship. The position of an employee as an economically and organizationally weak side of an employment relationship requires the court to take into account not only how the law’s prescription is fulfilled, but also to assess the behavior of the employee, his personality, and the life circumstances that prompted him to make a particular decision. Nevertheless, achieving a balance of interests is all the more important because a bias in favor of one of the parties inevitably lead to negative consequences, which, in the end, is felt by both sides of the employment relationship. However, recently, in a significant part of court decisions — especially the Supreme Court of the Russian Federation — there are decisions on labor disputes, which follow rather dangerous trend: courts not only apply and interpret the rule of law, but also impose duties on the employer that are not directly prescribed by law and do not follow from it. In fact, the Supreme Court supplements and clarifies the legislator, filling the norms of labor legislation with a new, unprecedented meaning. Such approaches are typical for the application of all institutions of labor law, which require rethinking, since the acts adopted by the Supreme Court should correspond to the law, and not to the idea of the law formulated by the courts.
The purpose of the study is to improve the legal mechanisms for the application of labor law norms. The author’s task is to identify the degree of compliance of the emerging judicial practice with the requirements of the current labor legislation.
The methodological basis of the research consists of universal, general scientific methods, as well as system-structural, formal-legal methods.
Keywords: labor relations, statute of limitations, guarantees, pregnancy, dismissal, reduction, number of employees, court decision, employee, employer, vacancy
For citation. Korshunova T. Yu. Limits of Judicial Interpretation in Resolving Labour Disputes. Journal of Russian Law, 2022, vol. 26, no. 10, pp. 68—84. (In Russ.) DOI: 10.12737/jrl.2022.106
Full text in Russian