ПРОЦЕДУРЫ В НАУКЕ ТРУДОВОГО ПРАВА

Abstract

The science of labour law distinguishes, among others, between procedural rules of law. According to labour scientists, procedural rules streamline, ensure and guarantee the process of implementing the substantive norms of labour law and determine the procedure for the activities of subjects to enforce the rights and obligations enshrined in the regulatory substan-tive norms. The subject of legal regulation is the activity of creating substantive norms of labour law and ensuring their implementation, as well as the activity of non-jurisdictional bodies involved in resolving individual and collective labour disputes. The definitions of procedural norms proposed by several authors ultimately boil down to the process of implementing the legal norm. It is therefore difficult to agree that procedural norms are a separate kind of legal norm. The separation of procedural norms is unlikely to be justified simply because any norm of labour law cannot be understood, let alone implemented, in isolation from the procedure for its application. Since the separation of procedural norms is questionable, the theory of the autonomy of labour procedural law cannot be justified. The features of the procedural rules of labour law reflected in scientific research are the features of the procedures of labour law. Procedures of labour law are part of the logical norm and are contained in its disposition. Procedures of labour law are the legal means of imple-menting substantive or procedural norms of labour law and their main objective is to maintain the law and order in the company (or individual employer). As an integral part of the rule of law and part of the mechanism of legal regulation, the procedure ensures its effectiveness. The more detailed the procedure in the rule of law is, the fewer disputes arise between the parties to the employment relationship, which has a positive impact on the results of law enforcement. Legal provisions "need" procedures for the imple-mentation of legal provisions, because it is the procedures that "animate" the provision and allow it to achieve the desired result.