To the question of the criminal legal assessment of the actions of police employees who caused harm in the detention of the person who committed a crime

Purpose of the study is to study the issues of assessing the actions of police officers who caused harm during the arrest of a person who committed a crime, the rules for qualifying the infliction of such harm, judicial practice on the subject under study. Systematic and formal legal methods were used. Proposals were formulated to differentiate the actions of a police officer during the arrest of a criminal in the framework of the exercise of official powers and in the implementation of detention under the conditions of Article 38 of the Criminal Code of the Russian Federation. The necessity of considering each specific case is substantiated, in which there are grounds for the application of Part 2 of Art. Art. 108 or 114 of the Criminal Code of the Russian Federation, by a panel of six jurors, for which it is proposed to include these norms in the list of clause 2.1, part 2 of Art. 30 of the Criminal Procedure Code of the Russian Federation. When considering the issue of qualifying the actions of police officers who have exceeded the measures necessary to detain a person who committed a crime, the need to qualify their actions for the totality of crimes provided for by Art. 286 of the Criminal Code of the Russian Federation, and Art. Art. 108 or 114 of the Criminal Code of the Russian Federation, for which it is necessary to amend the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 27, 2012 No. 19. The importance of the study is due to the difficulties in applying the investigated norms of the criminal law, the erroneous qualification of the actions of the police officers that did not comply with the law, which exceeded the measures necessary to arrest the person who committed the crime. The significance of the research results lies in the development of provisions for improving the criminal legislation in this area.