Consideration of Labor Cases by Special Labor Courts as a Way to Optimize the Civil Process in the New Economic Policy Period

The article is devoted to the scientific development of the problem of consideration and resolution of labor cases by courts. The purpose of the work is to study the historical experience of considering and resolving labor cases in civil proceedings by special labor sessions of people’s courts during the New economic policy period on the basis of comparative historical and formal legal research methods, scientific principles of objectivity and historicism. The creation of special labor sessions of people’s courts was motivated by the need for those who resolved disputes to have special knowledge and skills to consider labor cases, and also correlated with the focus on accessibility of justice for workers and the course towards optimizing legal proceedings. The article traces changes in the normative regulation of the activities of labor sessions, identifies the role of the Supreme Court of the RSFSR in filling gaps in the law, and analyzes the problems of jurisdiction and jurisdiction of labor cases. Based on the analysis of judicial practice materials (primarily the rulings of the Civil Cassation Board of the Supreme Court of the RSFSR), the peculiarities of the civil process when considering labor disputes during the New economic policy period are revealed: in the subject composition (thus, representatives of trade unions could be representatives of their members), in matters of evidence and proof, due to the initiative of the court and the specifics of the cases.

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Publication Details

Journal
Rossijskoe pravosudie
Published
2024-10-17
DOI
https://doi.org/10.37399/issn2072-909x.2024.11.5-15
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Consideration of Labor Cases by Special Labor Courts as a Way to Optimize the Civil Process in the New Economic Policy Period

Olina I. Filonova
Rossijskoe pravosudie
Indonesian Legal and Regulatory Studies
article

Consideration of Labor Cases by Special Labor Courts as a Way to Optimize the Civil Process in the New Economic Policy Period

Olina I. Filonova
article en

Abstract

The article is devoted to the scientific development of the problem of consideration and resolution of labor cases by courts. The purpose of the work is to study the historical experience of considering and resolving labor cases in civil proceedings by special labor sessions of people’s courts during the New economic policy period on the basis of comparative historical and formal legal research methods, scientific principles of objectivity and historicism. The creation of special labor sessions of people’s courts was motivated by the need for those who resolved disputes to have special knowledge and skills to consider labor cases, and also correlated with the focus on accessibility of justice for workers and the course towards optimizing legal proceedings. The article traces changes in the normative regulation of the activities of labor sessions, identifies the role of the Supreme Court of the RSFSR in filling gaps in the law, and analyzes the problems of jurisdiction and jurisdiction of labor cases. Based on the analysis of judicial practice materials (primarily the rulings of the Civil Cassation Board of the Supreme Court of the RSFSR), the peculiarities of the civil process when considering labor disputes during the New economic policy period are revealed: in the subject composition (thus, representatives of trade unions could be representatives of their members), in matters of evidence and proof, due to the initiative of the court and the specifics of the cases.

Rossijskoe pravosudie(11)
Decent work and economic growth
Openalex Percentile: Top 67%
Indonesian Legal and Regulatory Studies
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