RUS
А+ | А-
Home | Insights | Rules for recovery of judicial penalty associated with labor disputes: Analysis of Ruling of the Russian Federation Constitutional Court N 52-П dd. November 14, 2024
13.03.2025

Rules for recovery of judicial penalty associated with labor disputes: Analysis of Ruling of the Russian Federation Constitutional Court N 52-П dd. November 14, 2024

The source is a video posted on YouTube

Timeline – Presentation by Marina Abramova (video available in Russian language)

0:00 – Introduction. Outlining of the principal legal conclusion made in the Russian Federation Constitutional Court’s Ruling N 52-П. Definition of the term “judicial penalty” and its size

2:18 – Summary of the labor dispute considered by the Russian Federation Constitutional Court in Ruling N 52-П. Position of the Russian Federation Supreme Court according to section 30 of its Ruling N 7 dd. March 24, 2016, applicable to this dispute

5:46 – Provisions and conclusions set out in the Russian Federation Constitutional Court’s Ruling N 52-П, concerning a judicial penalty

6:55 – Application of statutory provisions to labor disputes over monetary and non-monetary payments

On monetary payments:

  • Application of provisions of Article 236 of the Russian Federation Labor Code on payment of a compensation for employer’s failure to effect payroll payments in time
  • Application of provisions of Article 208 of the Russian Federation Civil Procedure Code on indexation of adjudicated amounts

Application of provisions of Article 206 of the Russian Federation Civil Procedure Code, concerning judicial penalty in connection with claims unrelated to transferring of property or money

7:56 – Application of provisions of Article 234 of the Russian Federation Labor Code on compensation by an employer to an employee of lost earnings in all cases of unlawful deprivation of the employee of the opportunity to work. Selective list of such cases

8:34 – Conclusion. Wording of resolutions of courts, obligating a party to carry out certain actions within the context of labor disputes pursuant to the Russian Federation Constitutional Court’s Ruling N 52-П