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Title article: THE PRACTICAL REALIZATION OF TRADE UNION’S RIGHT TO REPRESENTATION AND JUDICIAL PROTECTION
UDC: 342
Section: LAW
Authors: Murzanov Ivan A.
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Annotation:

The right to judicial protection is one of the fundamental constitutional rights of a citizen, enshrined in the basic law of the Russian Federation. In turn, some institutions of civil society, including public associations, are entitled to judicial protection. Trade unions, being the most numerous public association, whose number today exceeds 20 million people, can apply to the courts in case of violation of the rights, freedoms and legitimate interests of their members. However, trade union protection in this case is exclusively individual and targeted, not giving trade unions the right to apply to the judiciary for the protection of all categories of workers. Practical activities of state authorities and local self-government bodies are related, in particular, to norm setting. On the other hand, such bodies should adopt appropriate regulations taking into account the opinion of the respective trade unions. However, the consideration of the opinions of trade unions is the right of public authorities and local self-government bodies, and not an obligation. Thus, in situations where a normative act issued by a public authority, a local government body or their officials violates the social and labor rights of employees, trade unions do not have the opportunity to appear in court simultaneously in defense of all of them, which is an unconditional violation of the constitutional right of citizens to judicial protection. Thus, the author substantiates the conclusion about the need to give trade unions the right to apply to the court in defense of the interests of an undetermined number of persons.

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