Current state and prospects of determining the judicial jurisdiction of labor disputes

Abstract

The article analyzes the current state and offers prospects for determining the judicial jurisdiction of labor disputes. Since in practice the question arises as to which court should be addressed to resolve a labor dispute, since there are no specialized labor courts to date. After all, if citizens turn to a court that is not competent to consider a dispute, then the consequences will follow, such as a refusal to open a proceeding or an already opened proceeding is closed due to the fact that the dispute is not subject to consideration in the jurisdiction of this particular court. And that's why issues, in particular, with the determination of the jurisdiction of cases in the field of labor relations, are becoming important. It is noted that the issue of jurisdiction of disputes in the field of labor law has always been controversial in the judicial system. First of all, this is due to the fact that labor law includes not only relations arising from the employment contract, but also from imperative norms, such as the work of civil servants, prosecutors, judges, policemen, diplomats, etc. A conclusion was made regarding the need to regulate in labor legislation, taking into account the practice of the European Court of Human Rights and specialized (labor) courts of the European Union, the issue of judicial jurisdiction, providing for a legal norm that would establish clear criteria for determining and delimiting judicial jurisdiction during the resolution of disputes regarding protection of labor rights. Also, in the future, one of the directions of expanding the rights of employees to judicial protection in Ukraine should be the creation of specialized labor courts. Since, in comparison with courts of general jurisdiction, specialized labor courts provide participants with a number of advantages: qualified consideration of the case; the review procedure is devoid of many formalities inherent in the civil process; speed and cost-effectiveness of dispute resolution.