Assessment of significance of violations of legally -protected interests in the course of qualifying abuse of power
Автор: Borkov V.N.
Журнал: Вестник Сибирского юридического института МВД России @vestnik-sibui-mvd
Рубрика: Теория и практика правоохранительной деятельности
Статья в выпуске: 1 (38), 2020 года.
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The article defines an algorithm for searching criteria for assessing the materiality of violation ofthe interests of the individual, society and the state in qualifying abuse of authority (article 285 of the Criminal Code of the Russian Federation). The subject of the crime under Art. 285 of the Criminal Code, maliciously uses its power, organizational, administrative or adminis-trative powers, which consist of the right and obligation to make decisions that have legal significance for other individuals and legal entities, i.e. his acts give rise or alter legal relations. Therefore, the rights of victims are violated at the time of the adoption of a decision contrary to the interests of the service. The author proves that described in part 1 of article 285 of the Criminal Code of the Russian Federation, harm consisting in violation of the interests of the individual and society is expressed in the act and characterizes the method of assault. Attention is drawn to the fact that all formulations describing special types of abuse of power are formal. Therefore, in each case, the qualifications of the crime under Art. 285 of the Criminal Code, the significance of violation of lawful interests should be established, focusing on the content of the rules providing for liability for special types of official abuse.
Abuse of power, essential violation of interests, special types of abuse, illegal detention, inappropriate expenditure, abuse in the sphere of contractual relations
Короткий адрес: https://sciup.org/140247111
IDR: 140247111