UNREASONABLE REFUSAL IN EMPLOYMENT OR UNREASONABLE DISMISSAL OF A PERSON WHO HAS REACHED PRE-RETIREMENT AGE: A COMMENT AND CRITICAL ANALYSIS
The article analyzes the law adopted by the State Duma providing for the introduction of criminal liability for unjustified refusal to hire or unjustified dismissal of a person who has reached pre-pension age. The question of the social conditionality of this criminal law ban. There are doubts about the effectiveness of the use of criminal law to protect individuals of pre-retirement age. Such a decision is dictated by expediency and imposes state responsibilities on business. The view on the criminogenic nature of the proposed amendments to the criminal law is substantiated. Two criminally-based signs of unjustified refusal to hire or unreasonable dismissal of a person who reached pre-pension age were identified: the motive for the crime and the victim. It was concluded that the motive of reaching pre-retirement age, included in the text of the law as a criminally-forming trait, is an artificial construct devoid of real socio-psychological content. Studying the second criminally-based feature - the victim, that is, a person who has reached the pre-retirement age, made it possible to consider the interest of the crime as a particular case of labor discrimination. At the same time, a more effective and strict form of responsibility in such cases has been proposed and justified is the use of the rule fixed by Art.136 of the Criminal Code of the Russian Federation.