THE PERMISSIBILITY OF DIRECT JUDICIAL REVIEW IN RELATION TO SPECIFIC SOURCES OF LABOUR LAW

The article argues that at present, direct judicial review is carried out only in relation to such sources of labour law that are accepted by public entities. The author criticizes this legislator's decision and the doctrinal idea of the impossibility of applying direct judicial review to specific sources of labour law adopted by non-public entities (local regulations, collective agreements, Russian sports federations’ regulations, religious organizations' internal rules). Based on arguments about the development of direct judicial review, the expansion of its subject and the evolution of sources of labour law, the author emphasizes that the essential feature of direct judicial review is the extension of the act under review to an indefinite circle of persons, and not the publicity of the entity who adopted the act. The author comes to the conclusion that specific sources of labour law meet all the necessary criteria to establish the permissibility of direct judicial review in relation to them. In conclusion, the author expresses the hope that direct judicial review over sources of labour law of a special kind will become an effective way to protect against regulatory defects in the field of hired labour.