Zhdan M. Prevention of criminal offenses in the field of protection of labor relations in Ukraine: theory and practice

The dissertation is the first comprehensive monographic study in Ukraine, which solves the scientific and applied problem of criminological prevention of criminal offenses in the field of protection of labor relations, and also forms a conceptual approach aimed at improving criminal legislation and criminological practice in this part. According to the results of the analysis and generalization of the doctrinal array, existing scientific works aimed at solving the problem of preventing the studied type of criminal offenses were divided into two groups: 1) the concept and content of criminal offenses in the field of labor relations protection, their characteristics, the conceptual-categorical apparatus and the mechanism of criminal-legal counteraction; 2) the subject of criminal offenses in the field of protection of labor relations: definition, classification, typology. It is argued that the criminological direction of the state policy in the sphere of protection of labor relations in Ukraine is realized: 1) in the practical activity of the Ministry of Internal Affairs and the National Police - within the framework of creating a unified concept of prevention of criminal offenses against electoral, labor and other personal rights and freedoms of man and citizen. The allocation of specific social relations makes it possible to create a single, unified approach to the allocation of the "core" of criminally illegal activities in the field of labor relations protection, as well as to integrate into practice the relevant long-term criminological strategies, in particular of a general social nature; 2) in legislative activity - by developing measures, means and methods of responding to violations of citizens' rights to normal work, introducing a doctrinal model of combating criminal offenses in the field of labor relations protection at the regulatory level, consolidating the general line of the concept of work of subjects implementing criminological policy; 3) in law enforcement activities - through the implementation by specially authorized entities of measures to ensure the protection of public relations in the field of labor rights of citizens by establishing the integration principles of criminological policy within its interconnection and interaction with related legal policies; through the organization of comprehensive interaction of subjects of prevention of criminal offenses in the field of protection of labor relations; by ensuring the implementation of priority areas of a tactical nature to neutralize criminal illegal activities in the field of electoral, labor and other personal rights and freedoms of man and citizen. The above-mentioned aspects form a complex mechanism of implementation of the criminological direction of the state policy in the sphere of protection of labor relations in Ukraine. The approach to differentiation of subjects that conduct activities in the field of crime prevention into the following groups has been improved: 1) subjects that establish the main types and forms of activities prohibited in Ukraine at the national level; 2) subjects engaged in information and analytical work related to the establishment of the determinants of criminal illegal activity, forecasting and statistics; 3) subjects involved in the development of criminological strategies for the prevention of criminal offenses; 4) entities that directly implement in practice criminological strategies for preventing criminal offenses; 5) subjects who perform an auxiliary function in preventing criminal offenses (for example, the public). It is considered expedient to include the following international standards for the implementation of the criminological direction of state policy in the field of labor relations protection: 1) recognizing the fight against poverty and unemployment as one of the main priorities of ensuring the social component of state regulation; 2) ensuring citizens' access to any measures and means of protection of labor rights permitted by law against criminal infringement; 3) elimination of all forms of discrimination within the framework of the realization of citizens' rights to work; 4) definition of groups of vulnerable categories of employees who have the right to improved / simplified working conditions; 5) prohibition of forced labor of minors. The concept of social and legal protection of labor rights of citizens in the conditions of martial law and after its termination, based on the system of proven international standards for ensuring the labor regime, has been developed. A system of changes and additions to the criminal legislation of Ukraine on criminal liability for committing criminal offenses in the field of labor relations protection has been proposed.