ST 287 of the Criminal Code of the Russian Federation.
1. Wrongful refusal to provide or evasion of providing information (documents, materials), as well as provision of knowingly incomplete or false information to the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation, if these acts were committed by an official obligated to provide such information - shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or by forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.
2. The same acts committed by a person holding a public office of the Russian Federation or a public office of a constituent entity of the Russian Federation are punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years. , or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
3. Acts provided for in parts one or two of this article, if they: a) involve the concealment of offenses committed by officials of public authorities; b) committed by a group of persons by prior conspiracy or by an organized group; c) entailed grave consequences - shall be punished by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to eight years with deprivation of the right to hold certain positions or engage in certain activities. activities for a period of up to three years.
Commentary to Art. 287 Criminal Code
1. The objective side is described alternatively as an act in the form of action (providing knowingly incomplete or false information to the Federation Council, State Duma or Accounts Chamber) or inaction (illegal refusal to provide or evasion from providing information (documents, materials) to the specified government bodies).
The illegality of the refusal presupposes the obligation to provide information (documents, materials) on the basis of the law (see Federal Law of May 8, 1994 N 3-FZ “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”, Federal Law of 27 December 2005 N 196-FZ “On the parliamentary investigation of the Federal Assembly of the Russian Federation”, Federal Law of January 11, 1995 N 4-FZ “On the Accounts Chamber of the Russian Federation”).
2. The crime is completed from the moment the refusal is sent or incomplete or false information is sent; Failure to meet deadlines to provide information (documents, materials) in the absence of a direct refusal expressed in written or oral form cannot be considered a crime.
3. Special subject of the crime: an official obliged to provide relevant information.
4. Among the signs of a particularly qualified personnel (part 3) it is necessary o, which involves concealing any offenses (including administrative and disciplinary) committed by officials of public authorities, and item “c”, which implies grave consequences (see commentary to Article 286 of the Criminal Code).
Article 287. Guarantees and compensations for persons working part-time
Determination of the Supreme Arbitration Court of the Russian Federation dated July 16, 2009 N VAS-8871/09 in case N A36-2743/2008 The contested judicial acts are motivated by the courts’ reference to the provisions of Article 287 of the Labor Code of the Russian Federation, Federal Law dated July 16, 1999 N 165-FZ “On the Fundamentals of Mandatory social insurance" and Federal Law of May 19, 1995 N 81-FZ "On state benefits for citizens with children." The fund's arguments presented in the application for review of judicial acts by way of supervision are aimed at a different assessment of the factual circumstances established during the consideration of the case.
Determination of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated 09.09.2015 N 91-APG15-8
He believes that paragraph 5 of the said Regulations contradicts Articles , , 282, 287 of the Labor Code of the Russian Federation, which do not establish any restrictions on the rights to receive compensation for expenses for living quarters, heating and lighting for employees performing labor duties under a fixed-term employment contract in period of temporary absence of specialists or part-time work.
Ruling of the Supreme Court of the Russian Federation dated December 24, 2014 N 302-KG14-6508 in case N A33-7/2014
At the same time, the courts indicated that Zhelnina Yu.A. has a higher legal education as a lawyer; since 1998, she has worked, among other things, as a lawyer in the limited liability companies Dentana, Dentana-DMT, and Nashe Delo. According to Article 287 of the Labor Code of the Russian Federation, part-time workers enjoy all the guarantees and compensation provided by law. The fund’s argument that part-time work is grounds for refusal to pay benefits indicates an incorrect interpretation of the law.
Ruling of the Supreme Court of the Russian Federation dated November 28, 2014 N 309-KG14-4819 in case N A76-15808/2013
The courts' arguments that monitoring compliance with labor laws is not the main function of the Fund are correct. According to Article 287 of the Labor Code of the Russian Federation, part-time workers enjoy all the guarantees and compensation provided by law. The Fund's argument that part-time work is grounds for refusal to pay benefits indicates an incorrect interpretation of the law by the Fund.
Decision of the Supreme Court of the Russian Federation dated 06.08.2002 N GKPI2002-752
Kuznetsova E.V. believes that in accordance with the adopted new Labor Code of the Russian Federation, namely its articles 164, 183, the employee is guaranteed payment of temporary disability benefits. The absence of a federal law regulating the amount of benefits and the conditions for their payment does not give grounds to consider it legitimate that the salary for part-time work is not taken into account in the actual earnings from which the benefits are calculated, especially since Part 2 of Art. 287 of the same Code provides that guarantees and compensation are provided in full to persons working part-time. In addition, contributions to the social insurance fund (unified social tax from the payroll fund) are paid monthly by employers, including from the accrued wages of part-time workers. According to Art. Labor Code of the Russian Federation, labor law norms contained in other laws must comply with this Code. The procedure established earlier by the contested acts, in which wages for part-time work are not included in the actual earnings from which the benefit is calculated, in case of its contradiction with Art. 287 of the Labor Code of the Russian Federation actually continues to be in force, that is, a situation has arisen in which by-laws prevail over the law.
Appeal ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated 04/06/2016 N 2-APG16-2
In support of the stated requirements, Polishchuk N.A. referred to the fact that in 2015 she worked part-time at the Municipal Budgetary Educational Institution “Secondary School No. 5”, in connection with which the contested provisions of the regulatory legal acts deprive her and other persons working part-time and who made their contribution to the organization’s activities, achieved in including as a result of accumulated experience in the profession, the right to receive incentive payments for work experience in the profession, that such conditions of remuneration are discriminatory and do not comply with acts of greater legal force, namely, Art. Art. , , , , 132, 287 of the Labor Code of the Russian Federation, paragraph 4 of Art. 7 of the Federal Law of October 6, 2003 N 131-FZ “On the general principles of the organization of local self-government in the Russian Federation”, paragraph 2 of Art. 23 Universal Declaration of Human Rights, Art. 1 of ILO Convention No. 111 “Concerning discrimination in employment and occupation”.
Appeal ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated May 30, 2018 N 82-APG18-2
According to the administrative plaintiffs, the provision of social support measures only for teachers who are on staff at their main place of work contradicts the provisions of Article 287 of the Labor Code of the Russian Federation. During the court hearing, the administrative plaintiffs supplemented the grounds of the claim, citing non-compliance with the procedure for adopting the Law of the Kurgan Region No. 53, which was expressed in one reading without discussion of the draft law by deputies of the relevant committee of the regional Duma, without coordination with the trade union body, without an expert legal opinion from the body of the Ministry of Justice of the Russian Federation Federation and conclusions of the Governor of the Kurgan region.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 15, 2021 N 33-KG20-7-K3
Article 287 of the Labor Code of the Russian Federation provides guarantees and compensation for persons working part-time. In accordance with Part 1 of Article 287 of the Labor Code of the Russian Federation, guarantees and compensation for persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.
Decision of the Supreme Court of the Russian Federation dated November 27, 2002 N GKPI02-1362
Kuznetsova E.V. appealed to the Supreme Court of the Russian Federation with the above requirement, citing the fact that the disputed clauses of the named legal acts contradict the requirements of the Labor Code of the Russian Federation and violate her rights to receive guarantees and compensation provided for by law when working part-time (Article 287 of the Labor Code of the Russian Federation).
Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1
15. Within the meaning of Articles 264, 287 of the Labor Code of the Russian Federation, guarantees and benefits in the form of restrictions on night work and overtime work, involvement in work on weekends and non-working holidays, assignments on business trips, provision of additional leaves, establishment of preferential labor conditions and other guarantees and benefits established by laws and other regulatory legal acts provided to women in connection with maternity, apply to fathers and other persons raising children without a mother, to guardians (trustees) of minors engaged in labor activities, including persons working part-time .
Decision of the Supreme Court of the Russian Federation dated January 26, 2017 N AKPI16-1035
B. filed an administrative claim with the Supreme Court of the Russian Federation to invalidate the above provision of the Instruction, as contrary to Articles 139, 285, 287 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) and violating his right to provide additional leave and receive payment for it in accordance with labor laws.
Second commentary to Art. 287 of the Criminal Code of the Russian Federation
1. The immediate object is the normal activity of the chambers of the Federal Assembly and the Accounts Chamber of the Russian Federation.
The subject of the crime is information in the form of documents or materials. Document (documented information) is information recorded on a tangible medium with details that make it possible to identify such information or, in cases established by the legislation of the Russian Federation, its tangible medium (Article 2 of the Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 ).
2. According to the Rules of Procedure of both chambers of the Federal Assembly of the Russian Federation, each of them has the right to receive the necessary information from other government bodies and organizations. The Federal Law “On the Accounts Chamber of the Russian Federation” gives the same right to the Accounts Chamber of the Russian Federation.
Refusal to provide information is also unlawful in cases where it is requested by a deputy, a group of deputies, a committee of the chambers of the Federal Assembly, an auditor or an inspector of the Accounts Chamber of the Russian Federation.
3. The objective side can be expressed in any of the forms provided by law:
1) unlawful refusal to provide information;
2) evasion of providing it;
3) provision of obviously incomplete information;
4) provision of knowingly false information.
Unlawful refusal to provide information is an action consisting of a negative response (notification that information will not be provided) to a request from a competent authority or person to whom the perpetrator was obliged to provide the required information in accordance with the established procedure, but refuses it without good reason. provide.
Avoidance of providing information consists of inaction, i.e. or in the actual failure to provide information without responding to a request at all, or in “unsubscribes” containing far-fetched reasons for not providing information. In all such cases, the official does not want to satisfy the request, but does not openly show his reluctance.
Providing deliberately incomplete information is a mixed inaction in which an official only partially provides the requested information, deliberately avoiding providing another important part of it, which makes an objective and correct assessment of the requested information impossible.
Providing knowingly false information means deliberate distortion of the requested information, i.e. in providing information that is completely or partially untrue.
The crime is considered completed from the moment the actions described in the law are committed or the required actions are not performed.
4. The subjective side of the crime is characterized by direct intent.
5. The subject of the crime is special, i.e. an official who is officially responsible for providing the required information to the chambers of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation.
6. A qualified crime (Part 2) involves the commission of a crime by a person holding a public position in the Russian Federation or a public position in a constituent entity of the Russian Federation (see comments to Article 285 of the Criminal Code). The commission of a crime by the head of a local government body does not form the qualifying characteristic under consideration.
7. Particularly qualified personnel (part 3) are characterized by the presence of any of three characteristics:
a) the crime involves the concealment of offenses committed by officials of a public authority;
b) it was committed by a group of persons by prior conspiracy or by an organized group;
c) it entailed grave consequences.
Concealing offenses committed by government officials means concealing information about the facts of offenses committed (not only criminal ones), about the circumstances of their commission, or about those responsible for their commission.
The commission of a crime by a group of persons by prior conspiracy means that the acts were committed by two or more officials, each of whom, in accordance with their official status, is obliged to provide the required information to the chambers of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation, if they do so in advance, i.e. before the crime began, they agreed among themselves to commit it together. But to qualify a crime as committed by an organized group, it is not necessary that the stable group consist only of the mentioned officials; it is sufficient that it includes at least two such persons who have entered into stable criminal connections with other persons, both officials and non-officials.
Grave consequences as a particularly qualifying feature is an evaluative concept and covers consequences that are different in nature and degree of danger: significant distortion of data on the execution of the state budget, aggravation of relations between different branches of government, disruption of the plan of legislative activity of the Federal Assembly of the Russian Federation, discrediting state bodies authorities, etc.
Contents of Art. 287 TK
At the beginning, the features of providing benefits and guarantees for part-time workers who:
- combine work with training;
- work in the regions of the Far North and territories legally equivalent to them.
It is indicated that benefits and compensation for them are provided only at their main place of work.
The second part of the article states that other guarantees and compensations are provided to part-time workers in full. Their sources may be:
- relevant laws;
- relevant regulations;
- agreements;
- collective agreements;
- local regulations of the employer.
The considered article, as can be seen from its provisions, especially distinguishes two groups of part-time workers in terms of receiving benefits: those who study in parallel with work and workers in the territories of the Far North. It also establishes a general procedure for obtaining benefits for other categories of part-time workers and provides a list of their legal sources.
