Constitutionally significant defects of the labor legislation and judicial practice in the field of the labor relations

Abstract

Constitutionally significant defects of the labor legislation and judicial practice in the field of the labor relations are such shortcomings in the legal regulation of labor and related public relations as well as flaws in judicial interpretation and application of existing regulatory legal acts which lead to a violation of the constitutional rights and freedoms also of the constitutional principles and values. The identification of these shortcomings and flaws is carried out by the Constitutional Court of the Russian Federation during the verification of the constitutionality of the norms of the law including in their interpretation by law enforcement practice. At the same time the activity of the Constitutional Court of the Russian Federation involves not only identifying but also overcoming these defects by certain methods of constitutional normative control. Labor legislation is fundamentally consistent with constitutional prescriptions. As for judicial practice in the field of the labor relations the courts often make very gross mistakes when resolving specific cases giving the norm of the law a meaning that is clearly not consistent with the provisions of the Constitution of the Russian Federation. As the practice of the Constitutional Court of the Russian Federation over the past few years shows in most cases the Constitutional Court of the Russian Federation reveals the constitutional and legal meaning of the contested provisions not recognizing them as inconsistent with the Constitution of the Russian Federation. Thus the suppression of unconstitutional enforcement is carried out. The article provides an overview of the main decisions of the Constitutional Court of the Russian Federation made in 2017 — the first half of 2020 which revealed constitutionally significant defects in judicial practice in the field of the labor relations and provided a constitutional and legal interpretation of the contested labor legislation.

Keywords:

constitutionally significant defect, Constitutional Court of the Russian Federation, constitutional regulation, disqualification of a legal norm, constitutional and legal interpretation, constitutional and legal meaning, Constitution of the Russian Federation, Labor Code of the Russian Federation, judicial practice, labor relations