CRIMINAL LIABILITY FOR VIOLATION OF LABOR LEGISLATION

Abstract

The article examines criminal liability for violations of labour legislation in Ukraine through the prism of substantive criminal law and judicial practice. The study focuses on criminal offences related to the infringement of employees’ labour rights, primarily those provided for in Articles 172, 175 and 271 of the Criminal Code of Ukraine. Particular attention is paid to the elements of the corpus delicti, including the object, objective and subjective elements, as well as the characteristics of the special subject of these offences. The author analyses the main problems of qualification and proof in criminal proceedings concerning violations of labour legislation, emphasising the difficulties in establishing intent and distinguishing criminal liability from administrative or disciplinary responsibility. Based on the analysis of national case law, it is demonstrated that courts apply criminal law provisions in this area restrictively and consider criminal liability to be an exceptional measure, applicable only in cases of proven deliberate conduct motivated by personal interest or other unlawful motives. The research highlights that the mere fact of violating labour legislation is insufficient to establish criminal liability without clear evidence of intent and a causal link between the actions of the offender and the infringement of labour rights. The study also identifies inconsistencies in law enforcement practice and the lack of uniform approaches to the interpretation of the subjective element of labour-related crimes. The article concludes that criminal law norms in the field of labour protection perform primarily a preventive function and should be applied as a last resort. Further improvement of criminal liability for violations of labour legislation requires clarification of the elements of criminal offences, harmonisation with labour law provisions, and the development of consistent judicial approaches to proving intent in such cases.