Investigation of labor remuneration offenses

E. Sochneva, A. Malakhova, Irina Igorevna Zyryanova
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Abstract

In this paper various current criminal schemes that lead to non-payment of wages and to understating payments to social funds are revealed. The methodology of judicial economic expertise is discussed. It is proved that the economic crime investigation should be based on the criminological component, which, in its turn, in terms of economic crimes depends on the influence of many factors, including the external environment. In Russia, the informal labor market is steadily growing, which makes it necessary to prove the fact of labor relations itself, and on its basis, non-payment of wages. It is necessary to secure at the level of the Constitution a ban on informal work. It is also advisable to introduce criminal liability for the use of informal labor. All crimes in the sphere of remuneration are divided into four groups, each of which implies its own specific forensic investigation methods. While conducting judicial economic expertise in investigating labor remuneration crimes, it is advisable not only to rely on the seizure and analysis of accounting documents, but also to examine carefully all the elements of social and labor relations at the level of an enterprise. It is also necessary to analyze the activities of a company as a whole in order to understand the causes and to find out the scheme of the crime while investigating any economic crimes.
劳动报酬违法行为调查
在本文中,揭示了导致拖欠工资和少付社会基金的各种现行犯罪计划。讨论了司法经济鉴定的方法论。事实证明,经济犯罪侦查应当以犯罪学要素为基础,而经济犯罪侦查又要受到包括外部环境在内的多种因素的影响。在俄罗斯,非正规劳动力市场正在稳步增长,这使得有必要证明劳动关系本身的事实,并在其基础上证明不支付工资。有必要在宪法一级禁止非正式工作。对使用非正规劳动力实行刑事责任也是可取的。报酬领域的所有罪行都分为四类,每一类都有其具体的法医调查方法。在调查劳动报酬犯罪时进行司法经济学专业知识时,不仅要依靠扣押和分析会计文件,而且要仔细检查企业层面的社会和劳动关系的所有要素。在调查任何经济犯罪时,也有必要对公司的活动进行整体分析,以便了解犯罪的原因和找出犯罪的计划。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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