Theoretical description of labor rights of an employee as an object of crimes in the sphere of official activity
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In the article the general theoretical foundations of the employee’s labor rights as an object of crimes in the sphere of official activity is outlined. The object, the objective side, the subjective side and the subject of such crimes are determined. Every crime in the field of service will also be subject to labor rights, which will determine the need for solving complex issues of criminal-law qualification of the criminal offenses, but the simultaneous violation of labor rights by service crime will be quite common. It is appropriate to address relevant issues by focusing on the object of the crime, which if it is likely to include labor rights of employees, it would probably mean for the subject of criminal-legal qualification, which should consider the possibility of criminal-criminalization of a crime under other articles of the Criminal Code, which they protect the labor rights of employees, or qualifications in aggregate, or the solution of issues of overcoming the conflict or competition of criminal law. All of the above actions of the pre-trial investigation bodies, the prosecutor’s office or the court must be carried out in accordance with the rules established in the Code of Criminal Procedure for overcoming conflicts and solving the problem points of criminal-legal qualification, but it is the initial decision of the above-listed list of questions, lies within the scope of investigation of the direct object of a particular criminal act, which may differ from the described generic object of crime in the field of official activity. To solve the problem of criminal-legal qualification of criminal encroachments in the sphere of official activity that violate labor rights, collectively possible by identifying two key issues: whether labor law is the subject of a crime; are not covered by the disposition of crimes in the sphere of official activity, or, contrary to the crimes against labor rights, the relevant acts. For qualification of crimes stipulated by art. 366, 367 of the Criminal Code of Ukraine, there must be signs of an official in the status of the worker, providing signs of authority regarding the organizational, administrative and economic and financial sanctions, allowing you to perform any person legally significant action in the organization of enterprises, institutions and organizations, including the impact on implementation labor rights of other employees. In other cases, crimes against forgery committed no officer should qualify under Art. 358. Also, forgery and/or abuse of position, it is advisable to qualify for certain articles of the Criminal Code of Ukraine, in particular those which form part of the criminal protection of labor rights of employees.
Authors and Affiliations
Maksym Kutsevich
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