Abstract
The article analyzes the issues of individual judicial regulation aimed at maintaining the balance of rights and legal interests of the employee and the employer. The analysis of judicial acts, which use the concept of “balance of interests”, “balance of constitutional rights and legitimate interests” and criticize the scientific approaches based on legal positivism, as well as on the scientifically debatable concept of integrative legal understanding. From the position of scientifically grounded concept of integrative legal understanding the author’s conclusions and proposals are formulated. Including the conclusion that “the balance of rights and legal interests of the employee and the employer” is achieved by means of legal and individual (including individual judicial) regulation of labor legal relations through the application of various forms of national and international labor law.
Published Version
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