Criminal liability for non-payment of wages

• Laptev S.A.

  Vladivostok State University of Economics and Service
  Vladivostok. Russia

• Tyukina D.V.

  Vladivostok State University of Economics and Service
  Vladivostok. Russia

The subject of this article are committed illegal delays in the timely and full payment of salary to employees who form the elements of the offence. Perpetrators brought to disciplinary, administrative and liability also takes place in this area, but is beyond the scope of this work. The relevance of the chosen theme is determined by the highest of the crimes set out in article 145.1 of the Criminal Code of the Russian Federation in the structure of formulations, which impinge on the labour rights of citizens. Strengthening criminal liability legislator correlates with the given statistics on the rapid increase in the number of such crimes, but some of the repressive measures are not enough. Jurisprudence on this offence is controversial and requires finding ways for its unification.

Using the dialectic method, comparative method assessment of interlinkages, analysis and synthesis of objective reality, it is a valid conclusion, which proposes to unify the criteria of criminal responsibility of the perpetrators.

The significance of the work consists in the analysis of the theoretical data and jurisprudence that will help students gain a deeper grasp not only the influence of those or other signs on the qualification of crimes under article 145.1. The Criminal Code of the Russian Federation, but also the qualification of crimes as a whole, paying attention to the different circumstances of objective and subjective nature, strive for comprehensiveness and completeness of their research in the future enforcement. And for ordinary citizens, this information will be useful in self-defence labour rights on the timely and full payment of wages.

Given the importance of the wage in the life of every working, on the basis of the analysis of this category of cases in the Russian Federation in recent years and with a view to uniform application of formulations under art. 145.1 of the criminal code, it is proposed to unify law enforcement practices through the adoption of a special resolution of the plenum of the Supreme Court of the Russian Federation.

Keywords: non-payment of wages, selfish interest, other personal interest, the head of the organization, criminal liability, corpus delict.