| Abstract [eng] |
Summary Work – is a social-economical conception, characterized as an activity, necessary, appropriate and expedient during a certain time period: it’s not only the use of physiological, biological man’s abilities, but also an intellectual activity. Law applying, as the final stage of relationship legal regulation, is neatly connected with court practice. The social role of court practice – is to ensure a neat connection with life, practical activity and its consequences. The regulation of Labor code of Lithuania don’t foresee the law sources – the court practice and legal doctrine - as the separate sources of labor law, therefore to rest the sources of this group sources is the right of the court, but not the obligation. But as the legal doctrine, as the court practice, are important secondary sources of labor law, because owing to them, the similar appliance and explanation of legal norms are ensured. The court practice is formed at all jurisdiction degrees, composing the judicial system. The function of law improvement is typical to the court practice, because it has a huge influence to all judicial system’s development. In the presence of judicial gaps, in certain cases, the judges, affirming novelties, create a law per their decisions, affirming this in the court practice and taking a free place in the judicial system. In this case the court decisions are law’s elucidatory acts, which become a law source in later cases to this or other court. Agreement’s liberties, parties’ equality, and the principle of agreement’s obligations, common to all private law, are typical to a law, regulating labor relations. One of the general legal principles – the principle of legal clearness, also the principle of equality of all persons according to law, - can be realized only if the legal norms are explained and applied equally. Ensuring the similar explanation and application of law, the role of court practice is very important, and particularly - the role of Supreme court of the Republic of Lithuania. In the Law of courts of the Republic of Lithuania, the purpose of formation of court practice of degrees of jurisdiction – the ensuring of similar court practice – is indicated. Also, in this law the means of achievement of this are affirmed – it’s the obligation of subject of law to take into account the explanations, recommendations and rendered judges’ consultations. The court practice depends on laws, because laws can alter the applying of court practice. The circumstance – legislator always can change by law the applying of court practice – affirms, that the standard legal acts has a higher power than the court practice in field of labor relations regulation. However, the laws and other standard legal acts acquire the force per court decisions, i.e. after the judges have explained it and adjusted practically. |
