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COMPARATIVE LEGAL ANALYSIS OF CRIMINAL LAW NORMS
AIMED AT PROTECTING THE LABOR RIGHTS OF MINORS AND
WOMEN IN CERTAIN FOREIGN COUNTRIES
Davletmuratov Sultanmurat Rustemovich
Judge of the Court of the Republic of Karakalpakstan
Doctor of Philosophy in Law (PhD)
E-mail: dauletmuratov82@mail.ru
https://doi.org/10.5281/zenodo.14241787
Abstract:
This article presents a comparative analysis of criminal-legal
norms aimed at protecting the labor rights of minors and women. Labor rights
protection legislation varies across different countries, and this article
thoroughly analyzes the legal systems of Kazakhstan, Azerbaijan, Belarus, and
Ukraine. It examines the mechanisms of holding individuals accountable for
violations of labor rights related to minors, illegal dismissal of pregnant women,
and parents with young children, which differ according to each country’s legal
framework. The article provides a detailed overview of the legal foundations of
these laws, punitive measures, and their significance in social protection. The
analysis identifies similarities and differences in legal norms aimed at protecting
labor rights in each country. It also reviews the mechanisms for implementing
these laws, their application in judicial practice, and their role in the work of law
enforcement agencies. In the conclusion, recommendations for improving labor
legislation based on foreign experience are proposed, and the importance of
these protection mechanisms is highlighted. This comparative analysis is
intended to accelerate efforts to improve labor legislation and make use of
advanced foreign practices in effectively safeguarding the labor rights of minors
and women.
Keywords:
labor rights, minors, women’s labor, comparative analysis,
criminal-legal norms, labor contract, pregnancy, gender equality, social justice.
Labor legislation is one of the important aspects of protecting human
rights in every country. In particular, ensuring the labor rights of children,
women and vulnerable persons is of great importance for the sustainable
development of society and strengthening social justice. In the experience of
Kazakhstan, Azerbaijan, Belarus and Ukraine, laws on the protection of the labor
rights of these categories of persons play an important role. This article analyzes
the specific features of the current legislation on the protection of the labor
rights of children, pregnant women and parents with young children in these
countries and discusses their common and distinctive aspects.
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In the Republic of Kazakhstan, liability for crimes related to the labor
rights of young people, women and minors is an important issue [1]. Violations
of such rights, in particular, such as the illegal termination of an employment
contract, refusal of women to conclude an employment contract due to their
gender, pregnancy or having children, and the failure to make appropriate
decisions in relation to young people and disabled people, pose problems for
ensuring social justice in society.
Termination of employment contracts for women due to pregnancy or
having children under the age of three is a crime. These actions violate the
principles of gender equality in society and do not protect women's labor rights.
In such cases, this creates problems for employers.
Refusing to conclude an employment contract with disabled people or
minors or illegally terminating the contract also constitutes a crime. These
actions have a negative impact on their social life and can lead to forced labor.
Failure to pay wages on time and in full is also a crime. If the employer
does not pay wages on time, this harms the financial situation of young people
and women, which leads to inequality in society.
Protecting the labor rights of young people, women and minors in the
Republic of Kazakhstan is undoubtedly important for ensuring social justice and
gender equality. The established liability for violations of these rights serves to
improve the socio-economic situation of these groups and protect their rights.
Also, Article 153 of the Labor Code of Kazakhstan establishes liability for
violation of labor legislation in relation to minors. This article is aimed at
protecting the labor rights of minors (under 18 years of age) and protecting the
working environment. This article establishes a crime for employers or officials
to violate labor legislation when engaging minors in labor. Minors, as persons in
need of social security and legal protection, deserve special attention and
protection in labor relations. This article plays an important role in taking into
account the social, physical and mental state of minors, as they may suffer from
urgent and unfair working conditions. The second part of the article indicates a
number of conditions for committing a crime. If the crime is committed by a
group and in advance, this aggravates the level of social danger of the crime.
Also, if the crime is repeated or committed against several persons, this may
increase the seriousness of the act. Cases of mental disorder of a minor or abuse
of their trust lead to very serious consequences.
The purpose of this article is to provide an important mechanism for
protecting the labor rights of minors. This article aims to ensure a fair and safe
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environment in the labor relations of minors. In addition, employers and officials
must refrain from violating labor legislation, as this not only violates the rights
of minors, but also undermines the social stability of society. These mechanisms
are of great importance in ensuring the social responsibility of the state,
protecting labor rights, and preventing crimes committed against the rights of
minors.
In the Republic of Azerbaijan, violations of labor rights of women and
minors constitute a crime. In particular, the illegal termination of an
employment contract in relation to pregnant women or women with children
under the age of three, as well as men raising children under the age of three,
entails separate liability.
Article 164 of the Criminal Code states that if an employer terminates a
pregnant woman’s employment contract, this act is considered a crime. This part
of the article strictly prohibits employers from violating women’s rights due to
pregnancy or having a child under the age of three. This is done in order to
ensure the social protection of pregnant women. The second part of the article
establishes liability for illegal termination of employment contracts for men
raising children under the age of three. This action was taken in order to ensure
social justice and protect family relations [2].
Article 164 of the Criminal Code of the Republic of Azerbaijan plays an
important role in protecting the labor rights of pregnant women, women and
men with children under the age of three. This article serves to ensure the socio-
economic rights of youth and women, gender equality, and strengthening social
justice in society.
Article 199 of the Labor Code of the Republic of Belarus establishes
liability for violation of labor legislation, which is aimed at protecting the labor
rights of women, in particular pregnant women. The first part of the article
establishes that refusing to hire pregnant women or illegally dismissing them
from work is a crime. Such treatment of pregnant women by employers violates
gender equality and social justice, which weakens the social protection of
women. The second part of the article provides for illegal dismissal. If the
employer makes a decision to terminate work, and this decision violates the
rights of a pregnant woman or other employee, this is a crime. The liability for
this crime is very high, and the person who committed the crime is held fully
liable.
This norm of the legislation of the Republic of Belarus is aimed at
protecting the labor rights of pregnant women and other employees. This article
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is important for ensuring justice in labor relations and strengthening social
equality. Violation of labor rights by employers undermines social justice in
society, therefore this article of the Criminal Code is of great importance in
ensuring stability in the social environment [3].
The Criminal Code of Ukraine pays special attention to violations of child
labor, and liability in this area is protected by law. Article 150 of the Code is
aimed at combating the exploitation of children. In this case, if a child is allowed
to work before reaching the legally established age, this is considered a criminal
offense. In this case, the rights of children are grossly violated, and their
physical, psychological and educational processes can be seriously harmed. The
law takes strict measures to prevent child labor, as this can negatively affect
their development.
The second part of Article 150 also covers cases of exploitation of several
children in labor. In these cases, the crimes are further aggravated when the
child labor is used in dangerous conditions or in conditions that can seriously
harm their health. This can limit not only the health and physical development of
children, but also their educational opportunities. Also, if the child labor is used
through deliberate deception or abuse of trust, the criminal liability is further
aggravated.
Article 1501 of the Criminal Code establishes liability for the use of
children for begging. According to this article, forcing children to beg for
material gain is a criminal offense. Such actions, which harm the mental and
physical health of a child, negatively affect his or her quality of life. The
legislation provides for penalties for such situations, and such offenses are
especially aimed at paying attention to the social protection of children. Also,
these cases are associated with social discrimination of children, limiting their
future opportunities, and their rights are violated.
Article 172 of the Code places special emphasis on gross violations of labor
legislation, especially violations committed against minors, pregnant women,
and single parents. According to this article, violations of the law aimed at
ensuring the labor rights of children and persons in need of protection are
provided for with serious penalties. Protection of labor rights is one of the
important measures aimed at ensuring the social stability of children and low-
income families, the purpose of which is to ensure equality and justice for all in
labor relations [4].
The labor legislation of Kazakhstan, Azerbaijan, the Republic of Belarus
and Ukraine includes a number of articles of the criminal code aimed at
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protecting the rights of children, women and vulnerable persons. In these
countries, measures against labor violations are regulated by various legal and
punitive mechanisms, but their legal bases, penalties and aspects taken into
account have their own characteristics. The attention paid to liability for
violations of labor rights in the criminal codes of these countries has a number
of commonalities and differences.
The experience of Kazakhstan pays special attention to the labor rights of
minors. Article 153 of the criminal code of Kazakhstan prohibits the illegal use of
the labor of minors by enterprises and officials. In particular, the use of child
labor in hazardous or difficult work is punishable by law. This experience shows
that serious attention should be paid to the protection of children and their
health, education and development.
The labor legislation of Azerbaijan is primarily aimed at pregnant women
and parents with children under the age of three. According to Article 164,
violation of the labor rights of pregnant women or persons with small children,
dismissal from work and illegal actions against such persons are subject to
criminal liability. The legislation of Azerbaijan is aimed at protecting the rights
of women and families in labor, which serves to maintain social stability in
society and women's opportunities in the labor market.
One of the main issues in the labor legislation of the Republic of Belarus is
the fight against violations of the labor rights of women, minors and persons in
need of protection. According to Article 199, the dismissal of pregnant women or
violation of the labor rights of minors is considered a serious offense, and in
such cases, mechanisms for criminal liability are applied. In the experience of
Belarus, strict measures are taken against crime, and penalties for violations of
labor legislation are seriously established.
The labor legislation of Ukraine provides for the application of strict
measures against the exploitation and illegal recruitment of children into labor.
Article 150 prohibits the use of child labor at an age not legally permitted. The
use of children in hazardous work or in conditions that harm their development
is considered a serious offense in Ukrainian legislation. Article 172 indicates
measures against violations of labor legislation in relation to pregnant women,
single parents, and children with disabilities.
It can be concluded that in all countries, protection mechanisms for the labor of
children and women are established by law. Kazakhstan focuses on child labor,
while Azerbaijan protects the rights of pregnant women and families with
children. Belarus strictly monitors labor rights, while Ukraine takes specific
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measures against child exploitation. Each country has its own approach to
protecting groups in its labor legislation, which serves to ensure social stability
and human rights in each society.
References:
1.
Уголовный кодекс Республики Казахстан от 3 июля 2014 года № 226-
V. (Criminal Code of the Republic of Kazakhstan dated July 3, 2014 No. 226-V.)
// www.online.zakon.kz/Document/?doc_id=31575252&pos=5;-108#pos=5;-
108
2.
Уголовный кодекс Азербайджанской Республики (утвержден
Законом Азербайджанской Республики от 30 декабря 1999 года № 787-IQ).
(Criminal Code of the Republic of Azerbaijan (approved by the Law of the
Republic of Azerbaijan on December 30, 1999 No. 787-IQ).) // www.continent-
online.com/Document/?doc_id=30420353#pos=6;-145
3.
Уголовный кодекс Республики Беларусь от 9 июля 1999 года № 275-
З. (Criminal Code of the Republic of Belarus dated July 9, 1999 No. 275-Z.)
//www.online.zakon.kz/Document/?doc_id=30414984&pos=511;-
60#pos=511;-60
4.
Уголовный кодекс Украины от 5 апреля 2001 года № 2341-III.
(Criminal Code of Ukraine dated April 5, 2001 No. 2341-III.) //
www.online.zakon.kz/Document/?doc_id=30418109&pos=8;-108#pos=8;-108
