Conflicts of specific provisions and fundamental principles of labour relations regulation

Abstract

This work investigates the following issues: problems of differentiation and
application in practice of the fundamental principles of labour legislation and specific
legal provisions, in particular, interpretation of the principles using legislative
enactments; determination of legal principles and maxims of law; correlation of
suprapositive law principles and principles embodied in positive law; possibility to
deduce principles of legal regulation of labour relations from numerous provisions of
labour legislation; ideas as to the mechanism of social effect of legal principles etc.
The analysis of achievements in science, generalization of practice of
enforcement of law, European and domestic experience, principles and methodology
of scientific research allowed the author to admit that normative provisions of
different level of generalization – from specific legal norms creating deep
differentiation of legal regulation of labour relations and affect only limited circle of
workers, to the fundamental principles of labour law having the highest level of
generalization. Between these two poles there is a wide range of legal prescriptions
which vary in the level of their generalization. To differentiate the fundamental
principles and specific prescriptions of law on the basis of such criterion as a level of
generalization of normative requirements worded there, is impossible because of
ambiguity of this criterion. It is also impossible to use other substantial criteria for
these purposes. Under such conditions there is only one alternative – to use a formal
criterion. If a certain legislative provision is referred to as a fundamental principle in
the Constitution or a legislative enactment it is applied as the fundamental principle
including Part 7, Art.8 of the Civil Procedure Code and Part 7, Art.9 of the Code of
Administrative Judicial Proceeding. In the rest of cases statutory provisions including
the provisions of the highest level of generalization are applied as specific
prescriptions of law.