Judicial practice on labor disputes: approaches to knowledge and development

Abstract

The article explores approaches to understanding and developing judicial practice based on structural analysis. The author asserts that judicial practice holds a significant place in the system of general legal theory, as well as in the system of sectoral legal sciences. It is the historical approach that reveals the problematic nature of judicial practice in the consideration and resolution of labor disputes. The author emphasizes the importance of the works of legal theorists from the second half of the 19th century to the early 20th century for the history of understanding judicial practice. The author identifies four stages in the development of views on judicial practice, which reveal specific features and, at the same time, unity in the recognition of its special role (special significance). The role of judicial practice in the mechanism of resolving labor disputes today is complemented by its role in the mechanism of legal regulation of labor relations.

The key objects for legal theory include the concept of judicial practice and such a property as legal or formal certainty. The influence of judicial practice on legal certainty may vary, either decreasing or strengthening it. It is also a fact that when the court encounters controversial situations, it obviously cannot ignore them. The judge responds to them in order to overcome any uncertainty in the behavior of the subject of labor law.

The author analyzes certain examples of generalization of judicial practice in resolving labor disputes and evaluates them as precedents of interpretation. At the same time, the author proposes that to assess the impact of judicial practice on legal certainty in a specific case of law enforcement, one should use the structure of a legal norm, focusing on the dynamics of the disposition's content. A distinguishing feature of the methodological approach, which allows it to be conditionally separated from the historical or theoretical approaches, is the focus of thought on the development of legal phenomena and the activities of legal subjects.

The conclusion states that understanding the development of judicial practice is ensured by the effective combination of historical, theoretical, and methodological approaches.