Peculiarities of individual labor disputes considered by the courts, and the distribution in them of the obligation to prove
https://doi.org/10.22394/2074-7306-2023-1-2-127-134
Abstract
Within the framework of this article, the author analyzes the existing features of individual labor disputes considered by the courts, as well as scientific discussion regarding such features. Also, within the framework of this issue, the specifics of the distribution of the burden of proof are investigated when courts consider certain categories of employee and employer claims.
About the Author
M. A. DrachukRussian Federation
Maria A. Drachuk – Candidate of Legal Sciences, Associate Professor, Head of the Department of Labor and Social Law
Omsk
References
1. Livieva G. S. Features of consideration and resolution of individual labor disputes in court. Justice. 2019;(1):22–28. (In Russ.)
2. Stavtseva A. I. Labor disputes and the right to judicial protection. Journal of Russian Law. 1998;(8): 13–26. (In Russ.)
3. Baryshnikov P. S. Classification of grounds for the cancellation of judicial decisions on labor cases on appeal. Actual problems of Russian law. 2015;(4):58–64. (In Russ.)
4. Kostyan I. A. On the specifics of the consideration of individual labor disputes. Judge. 2014;(9):21–26. (In Russ.)
5. Drachuk M. A. Public beginnings in a labor dispute as a cause of federal jurisdiction. Labor law in Russia and abroad. 2015;(2):20–21. (In Russ.)
6. Nenashev M. M., Shaddenkov V. V. Disputes about the amount of wages: some practical issues. Law and economics. 2021;(10):56–62. (In Russ.)
7. Baulin O. V. Change in the burden of proof and the actual situation in proving in the proceedings of civil cases. Bulletin of Civil Procedure. 2019;(1):124–132. (In Russ.)
8. Golovina S. Yu., Lyutov N. L. Supreme Court of the Russian Federation – legislator in the field of labor law? Journal of Russian Law. 2022;(10):52–67. (In Russ.)
9. Belyakovskaya (Erofeeva) O. V. Features of the distribution of duties for proving labor disputes on discrimination on the basis of disability. Social and pension law. 2021;(2):27–32. (In Russ.)
10. Buyanova M. O. Problems of evidence and proof in the consideration of individual labor disputes. Labor law. 2014;(3):59–85. (In Russ.)
Review
For citations:
Drachuk M.A. Peculiarities of individual labor disputes considered by the courts, and the distribution in them of the obligation to prove. North Caucasus Legal Vestnik. 2023;(2):127-134. (In Russ.) https://doi.org/10.22394/2074-7306-2023-1-2-127-134