Oleinichuk O. Criminal Law Research of the Liability for Unreasonable Non-Payment of Salary, Stipend, Pension and Other Payments Established by Law.

The thesis suggests a new notion for criminal unreasonable non-payment of salary, stipend, pension and other kinds of social payments and benefits established by law; the factors of social legal stipulation of statutory prohibition under article 175 of the Criminal Code of Ukraine that promote the idea of the further preservation of the mentioned regulations in the current law and determine the guidelines for their improvement have been investigated. The types, kinds and objects of the offence of non-payment of salary, stipend, pension and other payments imposed by law have been determined; the problem of the subject of this act and the victim with the consideration of the current achievements of the national and foreign criminal law has been uncovered; the obligatory signs of the objective side have been analyzed; a circle of individuals who may be subjects of the above-mentioned offence has been specified; the signs of a committer of the crime under article 175 of the Criminal Code of Ukraine have been investigated; the signs that characterize the subjective side of the investigated actus reus have been analyzed; possible forms and kinds of guilt have been determined; a complex analysis of the current legislation of Ukraine pertaining to essential signs of certain actus reus under article 175 of the Criminal Code with blanket disposition being important for both qualification according to the article investigated and its improvement have been conducted; aggravation-aggregate terms of the offence of non-payment of salary, stipend, pension and other payments imposed by law have been revealed and studied; the correlation of the offense under article 175 of the Criminal Code of Ukraine with other neighboring actus reus and the analogical administrative law delict provided by clause 1 of article 41 of the Code of Administrative Offences has been determined; the peculiarities of the criminal liability for offenses stipulated in article 175 of the Criminal Code and for analogical crimes stipulated by the legislation of some foreign countries have been investigated; the appropriateness of borrowing of the latter has been clarified; recommendations for improvements to article 175 of the Criminal Code of Ukraine aimed at higher effectiveness of legal opposition to unreasonable non-payment of salaries, stipends, pensions and other payments established by law as well as article 265 of Labour Code of Ukraine have been suggested.