ОСОБЛИВОСТІ ДИФЕРЕНЦІАЦІЇ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ГРУБЕ ПОРУШЕННЯ УГОДИ ПРО ПРАЦЮ

Abstract

The article is focused on the study of differentiation of criminal liability’s problem for a flagrant violation of the employment agreement. The provisions of the General and Special Parts of the Criminal Code of Ukraine, related to the legislative possibilities for differentiation of criminal liability for the specified offense, have been analyzed. Based on the carried out analysis, the author has offered the ways to improve the current legislation in the field of the protection of labor rights. It has been concluded that taking into account the public danger of a flagrant violation of the employment agreement and the real possibilities for the restoration of violated labor rights, the current legislation contains a wide range of differentiation of criminal liability provided for both by the norms of the General and Special Parts of the Criminal Code. In particular, various grounds for the exemption from criminal liability, the imposition of a penalty for incomplete criminal activity, the imposition of a penalty taking into account mitigating circumstances, as well as qualifying features. All this gives sufficient opportunities to consider the peculiarities and degree of public danger of the committed actions at the level of law and the perpetrator’s personality of a flagrant violation of the employment agreement. The features of a particular socially dangerous act can be adjusted at the level of individualization of punishment by the relevant law enforcement agency. At the same time, the broad use of qualifi ed features in the researched corpus delicti of a crime will allow for a more accurate consideration of the typical degree of public danger of the committed and the peculiarities of certain criminal offenses against labor rights, which in general will make it possible to more effectively achieve the objectives and tasks of criminal legislation in the field of implementing criminal liability.