Детерминанты проблем применения ст. 143 Уголовного кодекса Российской Федерации

Abstract

Abstract: the article studies the determinants of the application issues of article 143 of the Criminal Code of the Russian Federation “Violation of labour protection requirements”. Introduction. Issues of criminal-legal assessment of criminal violation of labour protection requirements, with no doubt, do not lose their relevance. In particular, it concerns a number of theoretical and practical problems of development of directions for improving the norms of Article 143 of the Criminal Code of the RF and its practical application. The complexity of qualification of this offence is due to the blanket disposition of the specified criminal-legal norm. However, the study of the practice of application of Art. 143 of the Criminal Code of the RF has shown that the blankness is a general indicator of difficulties in law enforcement.Several causal factors make up this indicator. Methods. The methods of analysis, questionnaires, interviewing, statistical method were used in the research. To establish the determinants of the issues of application of Article 143 of the Criminal Code of the Russian Federation, judicial and investigative practice, as well as the data of the results of the work of state labour inspections were applied. Results. The determinants of the issues of application of Art. 143 of the Criminal Code of the RF were identified; on this basis, specific circumstances that should be taken into account in determining the presence of signs of violation of labour protection requirements in the act were indicated; recommendations on the qualification of this crime were formulated.