ОКРЕМІ АСПЕКТИ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ КЕРІВНИКА ЗА БЕЗПІДСТАВНУ НЕВИПЛАТУ ЗАРОБІТНОЇ ПЛАТИ

Abstract

The article is devoted to the research of problematic aspects of criminal liability of the manager for unjustified non-payment of salary, which do not lose their relevance. This problem is quite common, because the relationship between employer and employee often goes beyond the legal field. In this regard, it is advisable to highlight some aspects of criminal liability of the manager for unjustified non-payment of salary. Criminal liability of the manager for unjustified nonpayment of salary is enshrined in Article 175 of the Criminal Code of Ukraine. Emphasis was placed on the imperfections of the crime provided for in Article 175 and the shortcomings of law enforcement for violation of this norm. It is noted that the special subject of this crime should be the employer – the owner of the enterprise, institution, organization, regardless of ownership, type of activity, industry affiliation or his authorized manager or an individual who in accordance with the law uses hired labor. Emphasis is placed on the fact that the proposals to increase the scope of sanctions in this offense are purely technical in nature and do not have a positive impact on the effectiveness of law enforcement. It is concluded that the successful solution to the problem of timely payment of salary should be to specify illegal actions and make changes and additions to labor, administrative and criminal legislation in the field of labor. Only after qualitative changes at the legislative level can we talk about improving the organizational component of criminal liability. Emphasis is placed on the need to clarify the subject of this crime and the procedural features of the release of a person from criminal liability in case of payment of arrears of salary.