Problematic aspects of calculating the period for filing claims in dismissal disputes

The issue of calculating the period for filing a court claim on dismissal disputes, i.e. one month under Article 392 of the Labor Code of the Russian Federation, has been repeatedly examined by legal experts and unambiguously interpreted by the Supreme Court of the Russian Federation. However, in law enforcement practice, it still remains a most pressing issue that causes disputes between the parties to the employment agreement and contradictions in court judgments of various levels. The author examines the problematic issue mainly by logically analyzing the relationship between elements of the provision of law (assumption, disposition, and sanction) using the if-then-else logic; determines such specific attributes as consistency, formal certainty, and representative and binding nature by identifying the problems that law enforcement officers may encounter, and proposes solutions. The author suggests that it is required to amend Article 392 of the Labor Code of the Russian Federation by adding an alternative method of obtaining employment-related information directly by the employee when exercising the right to file a claim in a dismissal dispute (to represent an action as a right rather than an obligation) based on the principles of reasonableness and good faith of both parties to the employment agreement so that the employee could seek remedy in relation to violation of his or her right as soon as reasonably possible.