Trade unions, organizations of trade unions and trade union organizations: specifics and problems of legal status

Introduction. Trade union law has a complex intersectoral nature and should develop simultaneously with the improvement of the private legal structure of a legal entity, changes in the status of public associations, and the scope and content of workers' rights. The current regulation of the types and characteristics of trade union organizations does not fully correspond to the system of social partnership in the field of labor in the Russian Federation. There are significant arguments in favor of the necessary improvement of the structure of trade union organizations and the legal structures that follow from it.

Purpose. In this regard, the author's research aims to analyze the existing system of trade union organizations and identify legal issues in its construction.

Theoretical Basis. The methodological basis of the study is based on comparative legal and historical legal methods of cognition, formal legal methods, and the method of system analysis. The theoretical basis of this work is that, based on the regulatory experience of other countries and the analysis of the private legal basis of the legal status of any trade union organization, there is a basis for discussing the possible and necessary improvement of the organizational and legal forms of Russian trade union organizations, their rights, and guarantees.

Results. The paper presents the author's position on the changes to certain types of trade union organizations, justifying the possibility of their creation in the absence of certain features specified in the legislation on trade unions, while complying with the general requirements for public organizations and the legal entity structure. The author's vision of the challenges associated with incorporating a newly established trade union organization into the structure, design of the elected and higher authorities, and the place of these norms within the legal system is presented.

Conclusions. The article proves that the approach to the corporate nature, types, and status of various trade union organizations requires a high-quality legislative innovation. It seems optimal to have a clear separation between the private law and labor law components of the legal status of trade union organizations, defining the specific features of each type, eliminating unjustified dependence of one type on another, and ensuring that the specific guarantees for trade union representatives are included in the labor legislation as a form of labor differentiation that is justified by the current needs of social partnership relations and does not lead to abuse. The scope of civil (and, in the absence of registration of a trade union organization as a legal entity, also administrative) law should include the establishment of such an organization, its name, form (attributes), structure, reorganization, liquidation, the competence of its governing bodies, and the basis of its property independence.

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