CORRELATION OF THE COURT’S LEGAL POSITION WITH A LEGAL PROVISION IN LABOUR LAW

Legal science is full of related legal phenomena. One of them is the legal position of the court and the legal provision. Despite their common use in theory and practice, there are no studies of a comparative legal nature in relation to these categories in the theory of law or in the branches of law. The incorrect use of these concepts (identification, opposition, substitution by other concepts) affects both scientific works and practice (law enforcement, interpretation, law-making). The main purpose of the study is to correlate these categories by revealing common features and differences. System analysis of generic features of each of the concepts, as well as the correlation with other elements of the mechanism of legal regulation (norms of law, normative legal acts, legal relations, interpretative acts, law enforcement acts, legal consciousness, etc.) demonstrates the main logical, linguistic, methodological and special-legal mistakes of researchers of these concepts. With the help of the highlighted attributes the author’s definition of the concept of «legal provision» is synthesized. Through a comparison, structural and functional analysis, as well as using the dialectical method revealed five common and ten distinctive features of the legal position of the court and the legal provision. The law enforcement practice of the courts of different instances in labour disputes is presented as a confirmation of the found distinctions. The correlation of the court’s legal position with the legal provision is an important conceptual and methodological basis for the further study of both concepts: their formation mechanism, structure, types and functional purpose. In terms of practice, the correlation demonstrates the potential of the legal position of the court in influencing labour legislation and ensuring the unity of law enforcement practice in labour disputes