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Title of Article

MOTIVE AS AN ESSENTIAL ELEMENT OF CRIME SPECIFIED IN ART. 145


Issue
3
Date
2012

Article type
scientific article
UDC
343.4
Pages
286-290
Keywords
non-payment of wages, motive of crime, mercenary interest, other personal interest, property and non-property benefits


Authors
Kolosova Valentina Ivanovna
Nizhegorodskiy gosuniversitet im. N.I. Lobachevskogo

Batyagina Ekaterina Yurevna
Shuyskaya mezhrayonnaya prokurora


Abstract
This article examines the practice of application of Art.145.1 of the Criminal code of the Russian Federation, as well as the circumstances precluding the use of criminal remedies as restraint with respect to the violation of the constitutional right to timely and full remuneration for labour. The authors reasonably propose to exclude the motives of crime from the disposition of Art.145.1 of the Criminal code of the Russian Federation and to institute criminal proceedings according to Art.145.1 of the Criminal code of the Russian Federation for any unreasonable delay of wages with overdue period exceeding 2 months regardless of the motives.

File (in Russian)