Perspectives of Formation of Labor Courts in the Russian Federation

Perspectives of formation of labor courts in the Russian Federation The present study examined the feasibility and the legal possibility of creating specialized judicial bodies to resolve disputes arising out of labor relations. The paper presents a comparative legal analysis of the formation and functioning of specialized bodies specific to resolve labor conflicts in different periods of Russian history. Also, the processes of nucleation and functioning of specialized labor courts in some developed countries, such as Germany and the UK. An important component of the work is to identify a number of problems of law enforcement practice in improving Russian legislation in the field of settlement of labor disputes. Admissibility of the creation of specialized courts is governed by Article 26 of the Federal Constitutional Law of 31.12.1996 "On the Judicial System of the Russian Federation." The norm of the law allows for the possibility of creating specialized courts only within the framework of general jurisdiction or arbitration. Meanwhile, we believe that by their legal nature, labor disputes can not be attributed solely to a civil-legal, economic or any other disputes. In this regard, we consider it possible to exclude from the current legislation a causal link between the creation of a specialized court and its allocation to the compulsory arbitration or general jurisdiction, as well as to work out a separate law that would regulate the activities of the specialized labor courts. In the future, we believe it appropriate to create a "bicameral" system of specialized labor courts in Russia.