Unlawful detention as a special type of official malfeasance

Courts qualification of intentional unlawful detention is analyzed in the article. The misconception of considering this infringement as a special type of abuse of authority and the simultaneous imputation of two relevant legal norms is shown. Taking into account the positive criminal procedural regulation of protected relations, unlawful detention is reasonably positioned as a special type of malfeasance in office. On the basis of a correctly established place in the system of prohibitions on the commission of malfeasance provided for by Part 1, Art. 301 of the Criminal Code of the Russian Federation, a number of complex problems of its application are solved.