Use of official position as a qualifying sign of crimes against intellectual property

Introduction: the article is devoted to the issues of qualification of crimes against intellectual property using the perpetrators of their official position, as well as the issue of legislative consolidation of the specified qualifying feature. Materials and Methods: the author, in the study of these problematic issues, primarily used the method of system analysis, as well as the study and generalization of judicial practice. Results: the author came to several significant conclusions. The use of one's official position in the commission of crimes against intellectual property is the commission of criminal acts against objects of intellectual property not only using official powers or rights, but also the opportunities due to the official position of the perpetrator. The circle of special subjects who can be imputed to this attribute includes not only officials, state and municipal employees and heads of commercial organizations, but also persons whose performance of labor functions is related to working with intellectual property objects. It seems reasonable to provide for a qualifying sign of committing a crime using one's official position for all elements of a crime against intellectual property. Discussion and Conclusions: the author proposes for discussion changes to the current criminal legislation and explanatory documents of the highest judicial instance, taking into account the results of the study in relation to the range of special subjects and the range of offenses that take into account this feature.