The need for direct judicial review in labor law

Abstract

The author reveals the procedural forms of direct judicial review, its subject matter in relation to sources of labor law. It emphasizes that currently direct judicial review in relation to specific sources of labor law is significantly difficult, since there is ambiguity on the issue of the procedure of such judicial review, the range of applicants in cases of direct judicial review is too small, most normative legal acts in the field of labor are excluded from the subject of direct judicial review.
The article underlines the advantages of direct judicial review, which can become the reasons for the implementation of this type of judicial review in relation to Russian labor law sources of a specific kind (exclusion of an illegitimate normative act from the system of Russian sources of law; the possibility of review due to the new facts of judicial decisions based on a recognized having no effect act; the impossibility of overcoming the legal force of a court decision by re-adopting a similar normative act; general publication of the final judicial act adopted in the framework of direct judicial review).