Idrisov, I.T., Idrisov, N.T. On correlation of the terms «forced labor» and «slave labor» and some problems of qualification and use of slave labor

Abstract: In modern Russia the role of labor-based punishments is currently growing. This fact can be explained by the general tendency of greater application of alternative types of punishments not concerning deprivation of freedom (imprisonment), as well as by the greater representation of labor-based punishments within the system of punishments. In order to establish and apply this type of punishment one needs to study the issues of lawfulness of forced labor and limits to its application. Defining the criteria for distinguishing forced labor and slave labor, as well as similar social matters, is necessary in order to duly qualify the crime of use of slave labor (Art. 127.2 of the Criminal Code of the Russian Federation). The authors of the article distinguish between the legislatively allowed and prohibited forced labor. The state has no right to use forced labor with elements of slave labor or to force to work. Enslavement of a person and use of the slave work of a person, who cannot refuse to perform the work (service) without risk to his natural rights, presupposes forced labor. The problem of correlation of forced labor and slavery was also brought to the attention of the researchers due to the new type of punishment in the Criminal Code of the Russian Federation, which is compulsory labor. This punishment may be regarded as a modification of slave labor.

Keywords: