Interrelation of the legal position of the court with judicial practice, judicial act and judicial precedent using the example of labor dispute cases

Abstract

The concept of "legal position of the court" is one of the most commonly used in theory and practice. However, its use is often inappropriate, which affects the quality of research as well as law enforcement. The problem is the substantial proximity of judicial legal position with related legal phenomena: judicial practice, judicial precedent, judicial act, legal ruling. The heuristic value of the research is absent when scholars do not actually study the judicial legal position, but another phenomenon that is presented as a legal position. The system analysis of the existing definitions of "legal position" shows the main methodological, logical, linguistic and special-legal inaccuracies of researchers. On the basis of the highlighted characteristics the author's definition of "legal position of the court" is created. Through structural-functional analysis and dialectical method, as well as with the use of law enforcement practice on labor disputes the author shows the correlation of judicial legal position with judicial practice, judicial precedent and judicial act.

The distinction between the legal position of the court and other phenomena of judicial enforcement creates a solid conceptual and methodological basis for determining the content of the legal position of the court, its structure, types, as well as the functional purpose both within the general theory of law and separate branches of legal science, including labor law. From a practical point of view, this distinction reveals the potential of judicial legal positions to influence labor legislation and ensure the unity of law enforcement practice in labor dispute cases.