PROBLEMS OF REVEALING CIRCUMSTANCES SUBJECTED TO ESTABLISHMENT WHEN INVESTIGATING CRIMES RELATED WITH NON-PAYMENT OF WAGES


  • I. V. Sabadash
Keywords: wages, labor relations, period and amount of non-payment, administrative-legal and functional statuses, method of crime

Abstract

In the paper we considered the features of organizing investigation of crimes related with non-payment of wages, namely a problem of revealing the circumstances subjected establishment. Having analyzed the proposed circumstances subjected to ascertainment during investigation of this category of crimes, let us generalize and distinguish, in our opinion, the most significant: 1. Existence of non-payment of wages to concrete employe- es/employee. 2. Availability of labor relations on the basis of an employment contract with enterprises, institutions, organizations of allforms of ownership and management, as well as with individual citizens. 3. Establishing of a period and amount of non-payment of wages. Determination of non-payment of wages is realized in following way: firstly, the total amount is established for the enterprise, institution, organization of all forms of ownership by periods, and then for a concrete employee. 4. Establishing of the fact of non-payment of wages by a concrete person - special subject alone or in accomplices. Obligatory feature of the subject of non-payment ofwages is the administrative-legal and functional statuses, which are ensured by the legality of the appointment or election of the head. 5. Determination of the method of non-payment ofwages. 6. Study of the causes ofwages non-payment occurrence. 7. Revealing the facts of using assets for other production needs, as well as the use of funds for unreasonable expenses and purposes not related with own economic activities. Consideration of the proposed list will allow to conduct the most complete and objective investigation of this type crimes, to obtain information relevantfor qualifying the actions of criminals, and to conduct timely and in a tactically correct manner investigative (search) actions, that in its turn, will positively affects the effectiveness and performance ofpre-trial investigation of crimes related with non-payment of wages.


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Published
2017-11-29
How to Cite
Sabadash, I. V. (2017). PROBLEMS OF REVEALING CIRCUMSTANCES SUBJECTED TO ESTABLISHMENT WHEN INVESTIGATING CRIMES RELATED WITH NON-PAYMENT OF WAGES. Theory and Practice of Forensic Science and Criminalistics, 17, 121-127. https://doi.org/10.32353/khrife.2017.14