FORCED VACATION WITHOUT PAYMENT AS A GROSS VIOLATION OF LABOR LAW IN WARTIME

Abstract

A gross violation of labor legislation is a socially dangerous act, which acquires special characteristics in the conditions of martial law. The qualification of such an act requires the application of special knowledge both in the field of criminal law and labor legislation. The key criteria of the evaluative nature of a gross violation of labor legislation are highlighted. The composition of the criminal offense provided for in Art. 172 of the Criminal Code of Ukraine on the example of forced leave without salary. Emphasis is placed on the unacceptable activity of employers in the conditions of martial law, which harms the protected constitutional rights and freedoms of a person and a citizen, in particular in the educational sphere. In the current legislation of Ukraine, there is no definition of the concept of «gross violation of labor legislation», in the disposition of Part 1 of Art. 172 of the Criminal Code of Ukraine, only two examples of such a criminal offense are given, and judicial practice indicates the expediency of assessing each individual case, based on the established norms of labor legislation, which gives our research scientific and practical weight in the development of effective mechanisms for bringing to criminal responsibility persons guilty of coercion employee before writing an application without saving wages. Coercion as an element of the objective side of a criminal act is a defining moment in the qualification of illegal behavior. By itself, the fact of committing a criminal misdemeanor, provided for in Part 1 of Art. 172 of the Criminal Code of Ukraine is not something new in judicial and investigative practice or in doctrinal criminal legal studies, however, taking into account the operation of the legal regime of martial law on the territory of the Republic of Ukraine, our scientific intelligence acquires special importance in determining the assessment of “gross violation of labor legislation”. For the correct qualification of such illegal activity, it is important to highlight the signs of a gross violation of labor legislation, which is highlighted both in the science of criminal law and in judicial practice based on the letter of the Ministry of Labor and Social Policy.