Features of the subject of non-payment of wages, pensions, scholarships, allowances and other payments (article 145.1 of the Criminal Code of the Russian Federation)

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Introduction: This article analyzes the legal status and the status of the subject of criminal nonpayment of wages, proves the narrowness fixed by the legislator of the list of subjects specified wrongful acts are arguments in favor of widening the circle of subjects of the crime provided by article 145.1 of the criminal code. Materials and methods: The study uses General scientific methods of knowledge aimed at generalizing and unifying domestic law enforcement in the field of criminal liability for nonpayment of wages, pensions, scholarships, allowances and other payments based on the characteristics of the subject of the crime. Results of the study: The criteria for qualification of criminal nonpayment of wages based on the characteristics of the subject of the crime are proposed. Certain evaluation criteria formulated on the basis of revealed contradictions in the evaluation indicators used by the subjects of criminal justice were supplemented and specified. Findings and conclusions: The results of the study determine further directions for improving law enforcement in the sphere of criminal liability for nonpayment of wages, pensions, scholarships, allowances and other payments (article 145.1 of the criminal code of the Russian Federation). Using the formulated proposals in practice, taking into account the elimination of identified contradictions, will allow making informed decisions when classifying such crimes.

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Labor rights of citizens, constitutional rights, non-payment of wages, head of organization, authorized person, remuneration of labor, criminal liability

Короткий адрес: https://sciup.org/143173214

IDR: 143173214   |   DOI: 10.24411/2312-3184-2020-10030

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