Comparativistic research of the art. 144.1 of the Criminal Code of the Russian Federation: domestic, international and foreign aspects

The paper discusses the reasons and prerequisites for criminalizing the act, stated in the new article 144.1 of the Criminal Code of the Russian Federation, which regulates the unjustified refusal to an application for a job and the unjustified dismissal of a person who has reached pre-retirement age. The structure of this crime is analyzed; the possibility of the practical application of the norm is evaluated on the example of the related corpus delicti in the art. 145 of the Criminal Code. In the course of the study, a review of international legal regulation in the field of protection of these public relations was conducted, two established approaches to the determination of a discriminatory attribute were identified: the age criterion in general and the category of elderly people separately. The approaches of France, Poland and Finland to criminalize the act were also considered. Based on the materials studied, potential difficulties in the implementation of the new norm are predicted and appropriate amendments to the criminal law are proposed to eliminate them.