Проблемы правового регулирования забастовок
The article considers issue of compliance legal regulation of strikes with international legal standards. Using statistics author proves that legal strikes consist of only relatively small part of protest actions that involves exclusion labour conflicts from legal area. Author proposes amendment of labour legislation to decide these issues.
Рublication was prepared on the basis of norms of the modern Russian legislation on labor disputes in accordance with state educational standards of higher professional education on the subject "Labor Law of Russia" (course "Labour disputes"). Its main aim is to help students in mastering the basic theoretical and practical knowledge and competences for the consideration and resolution of individual and collective labor disputes. Material contains general, special and peculiar parts. The general part deals with theoretical questions of labor disputes: concept, causes, law, principles, types and location of labor disputes in the labor law system. The special part contains sections on the procedure for dealing with individual and collective labor disputes, as well as the settlement of labor disputes certain categories of employees (civil servants, judges, prosecutors, foreign employees). Questions of foreign experience of labor disputes are considered in a special part of the tutorial. A special place is given to the problems of labor disputes and the prospects of development of Russian legislation on labor disputes.Each part includes relevant case studies (CBS and courts of general jurisdiction). For teachers, bachelors, masters and post-graduate law schools, as well as entrepreneurs, heads of organizations and personnel services, as well as those interested in labor disputes.
Russian levegislation on the right to collcetive labour disputes resolution and the right to strike is being analysed, along with to practice of it's realizaton. Some aspects of complaince of russian law with the international labour standards on the topic are discussed.
An opinion exist that collective labor disputes and strikes are rare in Russia, and therefore the discussion on mechanisms and problems of their use is not actual. This conclusion is based on official statistics. Research of practical implementation of collective labor disputes, practice of their permission, judicial practice shows that the number of situations in which the procedure of collective labor disputes and strikes should be used is sufficient. However, participants of conflicts refuse to use legislative norms and use forms of resolution of conflicts, not regulated by law. The chapter examines the prevalence of collective labor disputes and strikes and other forms of collective labor conflicts in Russia on the basis of official state data and data of monitoring, conducted by non-governmental organizations. Further we examined the reasons of low popularity of use of procedures of collective labor disputes regulation. In the third part of the article the role played by the courts is examined. Their jurisprudence strongly determines the situation that procedures for collective labor disputes resolution and strikes are less suitable for use in practice by workers to address the problems they face.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/