PROBLEMS OF LEGAL LIABILITY OF THE EMPLOYER (ACCORDING TO ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

Abstract

The article presents the analysis of a crime, providing for liability for non-payment of wages and social benefits (article 145.1 of the Criminal Code of the Russian Federation). The issues of cross-sector differentiation of employers' liability for non-payment of wages (material, administrative, criminal liability) are considered. A comparative analysis of the specifics of employers' legal liability for non-payment of wages and other payments was made in terms of criminal, criminal procedural, administrative and labor legislation of the Russian Federation, which revealed a large number of problems that need to be resolved. In general, the analysis of earlier studies on this problem shows positive dynamics of resolution of theoretical and applied problems, but at the same time there are issues that have not yet been resolved, in particular, the identification of features of objective and subjective features of the crime under Article 145.1 of the Criminal Code of the Russian Federation. It is pointed out that it is necessary to formulate and evaluate proposals on qualification of a crime under Article 145.1 of the Criminal Code of the Russian Federation, define criteria for delimitation of the crime under Article 145.1 of the Criminal Code from related and competing crimes, which will make it possible to formulate proposals on the new version of Article 145.1 of the Criminal Code based on the provisions and conclusions of the research.