The article considers some issues of application of the Article 145 of the Criminal Code of the Russian Federation. The number of convicts under this article has been exhibited in this work, and it also identifies a number of reasons why this Article, in the author´s opinion, has almost never been applied in practice. In particular, the reasons for non-application of the Article 145 of the Criminal Code of the Russian Federation in practice are: unwillingness of pregnant women to protect their rights in criminal process; difficulty in proving unjustified refusal to enter into an employment contract with a pregnant woman; an evaluative character of an indicia — “unreasonable refusal”; differentiation problems of crime components under the Article 145 of the Criminal Code of the Russian Federation and the administrative offences’ components provided for by the Article 5.27 of the Code of Administrative Offences of the Russian Federation. It is also identified that there is discriminatory provision due to absence of guidance in the Article 145 of the Criminal Code of the Russian Federation about such a victim, like a man who has a child under the age of three years old. The conclusion defines the necessity to decriminalize a crime under the Article 145 of the Criminal Code of the Russian Federation.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.