Природа профессиональной деятельности судьи

Российское правосудие. 2022. № 11. С. 5–11.

Луховская Ю. О.

Legal nature of the Judge’s professional activity is based on multiple legal statuses of this public authority subject. Particular importance of the Judge’s professional activity for modern civil society determines the necessity of its theoretical research both in Public Law and Labor Law fields. The purpose of the article includes theoretical justification of Labor Law nature of the Judge’s professional activity by revealing Labor Law elements as well as Labor Law principles relevant to it, analysis of the specifics of this activity based on the principle of unity and differentiation of the legal regulation of labor relations. The objectives of the study involve the Judge’s professional activity Labor Law elements specification proving of its Labor Law nature, such as delivering justice as labor function with Public Law nature; the employer with multiple subjects on its side endowed with limited power in control of the Judge’s behavior during and outside of delivering justice; labor time, rest time, remuneration and disciplinary responsibility institutes. Research methods: systems, formal legal, logical. The results of the study pay attention to confluence of the Public Law and Labor Law statuses belonging to the Judge and specific features of the latter’s professional activity determined by them. The study indicates main Labor Law principles and institutes revealed in Judge’s professional activity. The analysis of the specifics of these elements leads to the conclusion about Labor Law nature of the Judge’s professional activity. It is noted that current Labor legislation should be improved in terms of unity and differentiation principle of regulation of labor relations with Judges as a special subject involved in it.

Keywords: трудовое право, Labor Law