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L’impact des normes internationales du travail sur la législation russe
Russia has ratified 77 ILO conventions and two protocols. In the last 6-7 years, it has a high ratification rate. In accordance with the norms of the Russian Constitution, the universally recognised principles and norms of international law and the international treaties of the Russian Federation are an integral part of its legal system. This means that, in some cases, they can be directly applied, including by the courts. In recent years, the application of international law norms has become more difficult. In the field of labour relations, the legal regulation of some of them, in particular in the field of the right to freedom of association and protection against discrimination related to trade union activities, is not fully in line with international labour standards. This has been noted on several occasions by the ILO bodies. Despite the use of a number of ILO supervisory mechanisms, the Russian Federation has not yet succeeded in bringing the legal norms on freedom of association, protection against discrimination and others into line with international standards.
The article reviews the remaining restrictions, analyses the effectiveness of the use of ILO supervisory mechanisms, the degree and significance of the impact of ILO standards on the development of legislation, case law and the trade union movement in Russia. The authors' conclusions are illustrated by examples of the application of freedom of association rules.
