150 of the Criminal Code of Ukraine of April 5, 2001.

Objective in the sense that every offense encroaches on the essential in law, ie on those social benefits provided by law: the general interest protected by it, the order in public relations, which is maintained by legal tools, progressive activities and constructive ways of its implementation. The offense belongs to what he takes under protection. It is in this sense that the illegal is inseparable from the socially dangerous, harmful.

An important feature for offenses is the presence of guilt – the internal negative attitude of the subject to the interests of people and society.

Guilt separates offenses from those types of illegal behavior that are socially harmful, knowingly willful, violate the law, but do not reflect the negative attitude of the subject to the requirements of legal requirements (for example, the necessary defense). Guilt has an objective and a subjective side (like guilt). All doubts regarding the proof of a person’s guilt are interpreted in his favor (Article 62 of the Constitution of Ukraine).

Thus, an offense is not only an illegal, harmful, dangerous act, but also a guilty act. After all, an offense is not any illegal act, but only committed intentionally or negligently, ie through the fault of a person. This feature distinguishes offenses from objectively illegal acts. The latter are committed knowingly and voluntarily, but do not contain guilt (intent or negligence).

That is why they do not include the internal negative attitude of their subject to the interests of society, organizations or citizens and do not attract legal responsibility in society. Exceptions are cases of damage by a source of increased danger without the fault of its owner, non-performance of monetary obligations and some other civil law objectively illegal acts for which the law allows legal liability. However, liability in these cases is restorative. Criminal liability for an act that does not contain guilt is inadmissible.

The presence of guilt implies another sign of the offense – the possibility of punishment, ie the application of measures of legal liability to the offender in the form of personal, organizational or material losses. Entities who have committed objective offenses (without guilt are obliged, and not always, only to restore the violated rights). The application of state coercion to the offender is intended to protect the rule of law, rights and freedoms of citizens. All offenses and liability are legally enshrined in law.

The issue of liability for violations of natural human rights, which are not legally enshrined in law, should be resolved on the basis of international legal acts ratified by Ukraine, or on the basis of the application of law by analogy with law and law.

The offense is characterized by the presence of a causal link between the act and the socially undesirable consequences that occurred, ie such consequences are due to this act and not other causes.

An offense is an external act of behavior-action, which can manifest itself in the form of action or inaction (not determined by the offense thoughts, feelings, mental processes, etc.).

Also, the offense has a conscious-volitional nature, ie at the time of the offense depends on the will and consciousness of the participants, is under the control of their will and consciousness, is committed by them consciously and voluntarily. Lack of free will is a legal condition under which the act is not recognized as an offense, even if it had harmful consequences. Only an illegal act of a tort person is recognized as an offense (minors and the mentally ill are not considered to be tort).

Thus, taking into account the considered features, the offense can be defined as antisocial (socially harmful, dangerous), illegal act, the implementation of which involves legal liability.

September 27, 2010

Protection of the rights of minors in the field of labor relations

The Labor Code of Ukraine provides for a number of requirements that provide social and legal protection for persons under 18 years of age.

Occupational safety is a system of legal, socio-economic, organizational and technical, sanitary and hygienic and preventive measures and means aimed at preserving human life, health and ability to work.

Working conditions – the state of safety, occupational health and the working environment by the main types of economic activity.

The UN Convention on the Rights of the Child defines the right of the child to protection from economic exploitation and from work that may endanger his or her health, impede his or her physical, mental, spiritual, moral and social development. The UN Convention on the Rights of the Child obliges States parties to protect children from exploitation in any form capable of causing them moral, physical, mental or other harm (Articles 6, 19, 24, 27, 31, 32, 35, 36) … ).

Regulation of labor relations at the national level is based on the provisions of international law in this area. Article 43, Article 52 of the Constitution of Ukraine states that the use of labor of minors in work dangerous to their health is prohibited, the exploitation of a child is prosecuted by law.

In the Code of Labor Laws, adopted on December 10, 1971, and currently in force with changes and additions, the Laws of Ukraine “On Employment” of March 1, 2001, “On Labor Protection” of November 21, 2002, “On Child Protection “from April 26, 2001 and other normative-legal documents of our state the norms concerning work of minors are defined.

In accordance with the Law of Ukraine “On Amendments to the Law of Ukraine” On Child Protection “of February 3, 2005, the worst forms of child labor include:

all forms of slavery or practices similar to slavery, including the sale and trafficking of children, debt dependence, and forced or compulsory labor, including the forced or compulsory recruitment of children for use in armed conflict; use, recruitment or offer of a child for prostitution, production of pornographic products or pornographic performances; using, recruiting or offering a child for illegal activities; work which, by its nature or the conditions in which it is performed, may be detrimental to the child’s physical or mental health.

Crimes involving the exploitation of minors through the use of their labor, which may harm the health, physical development or educational level of children, are provided for in Art. 150 of the Criminal Code of Ukraine of April 5, 2001. In particular, Part 2 of Article 150 of the Criminal Code of Ukraine stipulates liability for sexual exploitation of minors, their use in the porn business.

The protection of the rights of minors in the field of labor relations is guaranteed by the norms of labor legislation. In particular, the Labor Code of Ukraine provides for a number of requirements that provide social and legal protection for persons under 18 years of age.

Minors in labor relations are equated in rights to adults, and in the field of labor protection, working hours, vacations and some other working conditions enjoy the benefits established by the legislation of Ukraine (Article 187).

When hiring a test for persons under 18 years of age is not established (Article 26).

For minors, working hours have been reduced by 1 hour. Persons aged 16 to 18 work 36 hours a week, and from 15 to 16 years – 24 hours (Article 56).

It is forbidden to involve minors in work at night, in overtime work, on weekends (Articles 55, 63, 71).

It is not allowed to hire people under the age of sixteen. With the consent of one of the parents or a person replacing him, persons who have reached the age of fifteen may, as an exception, be employed. To prepare young people for productive work, it is allowed to hire students from secondary schools, vocational and secondary special educational institutions to perform light work that does not harm health and does not disrupt the learning process, in their free time after reaching the age of fourteen. with the consent of one of the parents or the topic for a narrative essay person replacing him (188).

At each enterprise, institution and organization there is a special register of employees who have not reached 18 years of age (Article 189).

It is forbidden to work minors in heavy work and with harmful or dangerous working conditions (Article 190).

The Order of the Ministry of Health of Ukraine of March 31, 1994 approved the List of heavy work and work with harmful and dangerous working conditions, which prohibits the use of certain types of work for minors, and the order of the Ministry of Health of March 22, 1996 – “Limit norms for lifting and moving heavy objects by minors”.

In Art. 11 of the Law of Ukraine “On labor protection” of November 21, 2002 emphasizes that the procedure for labor and vocational training of minors related to heavy work and work with harmful or dangerous working conditions is determined by a provision approved by the specially authorized central executive body labor protection supervision.

The Order of the State Committee of Ukraine for Occupational Safety and Health of December 30, 1994 approved the Regulations on the procedure for labor and vocational training of minors in occupations related to work with harmful and difficult working conditions, as well as high-hazard work …

For persons under 18 years of age, an annual medical examination is provided (Article 191).

Also, based on the requirements of the Law “Fundamentals of the Legislation of Ukraine on Health Care”, all persons under 18 years of age are hired only after a medical examination.

Wages for employees under eighteen years of age with a reduced duration of daily work are paid in the same amount as employees of the relevant categories for the full duration of daily work (Article 194).

The legislation stipulates that district state administrations and city councils must approve job quotas for youth employment (Article 196).

According to the Law of Ukraine “On Employment” of March 1, 2001, the quota for socially vulnerable categories of the population is set at 5%.