LEGAL NATURE AND PROCEDURE OF SETTLEMENT OF COLLECTIVE LABOR DISPUTES
Authors:   National Mediation and Conciliation Service, Kukhniuk Dmytro , Zapara Svitlana ,   First Deputy Head of the National Mediation and Conciliation Service
Published: November 2023

The purpose of the study is a comprehensive analysis of current theoretical and practical problems related to the nature of legal disputes in the field of collective labor dispute resolution in Ukraine and the development of a modern approach to the procedure for resolving such disputes. The task of this article is based on the research of issues related to the establishment of a legal relationship between the definition of "legal dispute" and the concept of "collective labor dispute"; analysis in this connection that is of the nature of collective labor disputes; elucidation of the peculiarities of "pre-trial" and "out-of-court" settlement of a collective labor dispute"; judicial review of collective labor disputes; expression of a position regarding the understanding of the nature and procedure for resolving collective labor disputes. During the conducted research based on a synergistic approach of methodological interaction, theoretical methods of systematic analysis of the main definitions related to the subject of the article, explanation of the position of the authors of the publication taking into account the comparison of national and foreign practice of resolving labor conflicts and empirical methods, in particular, observation, as well as the description of issues were used being covered by the purpose of publication. Results. Thus, according to the authors, collective labor disputes have characteristics of both "dispute about rights" and "dispute about interests". A conciliation and arbitration procedure is used for the disputes, the legal mechanism of which is defined by a special legislative act - the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)", that, being part of the legislation of Ukraine, corresponds to international legal acts. "Disputes of interest" are resolved through conciliation procedures, which, in our opinion, should not be subject to the jurisdiction of the courts. Such disputes should be resolved out of court. Part of collective labor disputes, which include requirements for the implementation of a collective agreement, contact, or individual provisions thereof, or non-fulfillment of the requirements of labor legislation (sub-para."c" and "d" of Article 2 of the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)") are "disputes about rights", identified with the concept of "legal dispute". Courts have jurisdiction over such disputes. Conclusions. In addition to the legally defined cases of direct appeal to the court, collective labor "disputes about the right" that have the characteristics of a legal dispute, are subject to a mandatory pre-trial dispute settlement procedure. According to the practice of the ECHR, the conciliation and arbitration procedure for resolving collective labor disputes does not indicate a limitation of access to justice. The right of access to a court is not absolute. It can be regulated by national procedures to ensure the effectiveness of the administration of justice