Liability for abuse of power in Russia and Germany (criminal, legal and criminological aspects)
Автор: Suleimanov Timur Maratovich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Уголовное право и криминология. Уголовно-исполнительное право. Уголовный процесс
Статья в выпуске: 3 (45), 2016 года.
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Abuse of power, not only in Russia but also in many countries is a major element of corruption. Legal groundwork for anticorruption has been improved recently in the Russian Federation. Our country has ratified a number of international anticorruption conventions, joined the Group of States against Corruption (GRECO), has implemented and is actively carrying out the National Anti-Corruption Plan. Measures of criminal law aspect should be recognized as the most effective measure in this policy. The content of Article 285 of the Criminal Code "Abuse of power" is the basic criminal law in the fight against corruption and it includes a number of evaluative features that are required for it, which often causes mistaken classification of the acts of abuse of office. The problem in question involves the study of international experience, and above all, the experience of the leading European countries, one of which is the Federal Republic of Germany. Studying regulatory legal acts of the Russian Federation that define liability for abuse of power, analyzing statistical data, studying the practice of formation of the institute of liability for abuse of power and comparative legal analysis of the current legislation of the Federal Republic of Germany led to the conclusion that it is necessary to improve the norms of the existing criminal legislation of Russia. While analyzing the anticorruption criminal legislation of the Russian Federation related to abuse of power by officials, we think that the experience of Germany will contribute to strengthening state service relations and thus to preventing corruption
Corruption, malfeasance, legislation of Russia and germany, the decision of the supreme court of the russian federation, classification of crimes
Короткий адрес: https://sciup.org/142232692
IDR: 142232692