Critical Reflections on the Criminal Responsibility for Discrimination of Pre-Retirement and Older Persons in the Field of Labor Relations
https://doi.org/10.17803/1994-1471.2020.113.4.128-133
Abstract
The paper discusses current issues of criminal liability for unjustified refusal to hire or unfair dismissal of persons who have reached pre-retirement age. In connection with the increase in the age giving the right to receive an insurance old-age insurance, the Criminal Code of the Russian Federation was supplemented by Art. 144.1 on responsibilty for these acts. Based on the analysis of the current criminal law, as well as the practice of its application, the author justifies the point that the new criminal law norm has significant shortcomings and is generally not entirely suitable for effective counteracting the discrimination that occurs when hiring or dismissing workers of this age category. The findings are based on a comparative study of the elements of crime under Art. 136, 144.1 and 145 of the Criminal Code of the Russian Federation. The author suggests changing the wording of Art. 144.1 of the Criminal Code of the Russian Federation, in particular, clarifying the characteristics of the subject of the crime, as well as providing for more stringent types and sizes of punishment. According to the author, the solution to the problem lies also in the plane of economic relations. The successful development of the economy, the growth of entrepreneurial activity, the organization of new industries should lead to the appearance of the required number of jobs and vacancies. This will entail demand for specialists who have reached pre-retirement age, and issues of discrimination on this basis themselves will fade into the background, and will lose their relevance.
About the Author
V. A. Novikov
Russian University of Transport (MIIT)
Russian Federation
Russian Federation
Cand. Sci. (Law), Docent, Associate Professor, Department of Criminal Law, Criminal Procedure and Criminalistics
ul. Obraztsova, d. 9, str. 9, Moscow, GSP-4, Russia, 127994
References
1. Kommentarij k Ugolovnomu kodeksu RSFSR / otv. red. V. I. Radchenko. — M. : Verdikt, 1994. — 510 s.
2. Osobennaya chast Ugolovnogo kodeksa Rossijskoj Federacii : kommentarij, sudebnaya praktika, statistika / pod obshh. red. V. M. Lebedeva. — M. : Gorodecz, 2009. — 1168 s.
3. Ugolovnoe pravo. Chast Osobennaya. — M. : Yuridicheskaya literatura, 1968. — 582 s.
Review
For citations:
Novikov V.A. Critical Reflections on the Criminal Responsibility for Discrimination of Pre-Retirement and Older Persons in the Field of Labor Relations. Actual Problems of Russian Law. 2020;15(4):128-133. (In Russ.) https://doi.org/10.17803/1994-1471.2020.113.4.128-133
Views:
483
Email this article 