About the role of subjects of social power in the system of social partnership of CIS countries: comparative legal analysis

Introduction: The article deals with the subjects of social authorities in social and labour relations, along with the public authorities (state, local authorities) are the social partners (workers and employers through their representatives). It determined that their authority is realized through legal action, which should be comprehended as a purposeful process of forming the subject of social power in the person of the state, individuals and social groups of the appropriate behavior of the object in the person of individuals and groups from the point of view and in the interests of the subject through the adoption of decisions, clothed in legal form. Purpose: it is identification of the subjects of social power in the system of social partnership (collective labour law), their values and characteristics, conducting comparative legal analysis codified legal acts of the CIS countries to identify specific features of the subjects of the social authorities in the countries under consideration. Methods: General methods of scientific researches (dialectical, metaphysical); scientific research methods (analysis, synthesis, system, method); private scientific methods (historical, comparative, formal legal). Results: it identified subjects of social power in the system of social partnership (collective labour law), a number of their features in the CIS countries. Conclusions: the conclusion is that the labour legislation of the CIS defines the list of the subjects of social power, which are the workers, employers, their representatives. Mainly as representatives of employees are trade unions. In addition, this feature also performs labour groups and other bodies of representation created by workers to represent and protect their labour rights. However, in a systemic interpretation of provisions of labour law, the existence of the indicated groups of the employment relationship should be recognized. However, not all CIS countries define in codified acts on labour conciliation Commission on harmonization of interests of hired labour and capital (labour code and the labour code of the Pridnestrovskaia Moldavskaia Respublika contain provisions on tripartite commissions for regulation of social and labour relations that is effective legal instrument for the development of collective and individual labour relations). This situation is largely due to the influence of the Soviet legal doctrine and national-political characteristics. Mutual harmonization of norms of the labour legislation of the CIS countries, but taking into account national-cultural characteristics and impact of international labour law, in terms of development of common approaches to the regulation of individual and collective labour relations is the guarantee of a higher level of protection of the rights and legitimate interests of workers and employers.