RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 23, 2021 No. 45

About some questions arising by consideration by courts of law of cases on the administrative offenses connected with violation of the labor law and other regulatory legal acts containing regulations of labor right

Due to the questions arising in court practice by hearing of cases about the administrative offenses connected with violation of the labor law and other regulatory legal acts containing regulations of labor right, provided by articles 5.27 and 5.27.1 of the Russian Federation Code of Administrative Offences, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

1. In the Russian Federation creation of the necessary legal conditions promoting realization of the right of everyone freely to dispose of the capabilities to work, to choose kind of activity and profession is guaranteed. These conditions provide the right to remuneration for work without any discrimination and not below the minimum wage established by the Federal Law, and also affirm right to work in the conditions meeting safety requirements and hygiene (Article 37, part 5 of article 75 of the Constitution of the Russian Federation, article 1 of the Labor Code of the Russian Federation (further - the Labor Code of the Russian Federation).

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