Some reflections on the problems of power abuse qualifications

The article analyzes the corpus delicti under Art. 285 of the Criminal Code of the Russian Federation. This norm establishes liability for abuse of office. According to statistical data, the share of such crimes in the general system of crimes is small, but the importance of considering the problems of qualifying such acts is great. The author pays special attention in the article to the consideration of the qualifying sign of abuse of office - grave consequences. It should be noted that the criteria for determining "grave consequences" have not yet received proper unification by the legislator. In addition to the fact that abuse of office is in itself a very serious crime, the grave consequences that can occur when such illegal acts are committed can increase the harm several times. The author notes that the abuse of office is generally similar to other crimes, in connection with which the article analyzes the general and distinctive features of related offenses, in particular Art. 201, 286, 293 of the Criminal Code of the Russian Federation. A conclusion is drawn about the need for a careful approach of law enforcement officers to the analysis of objective and subjective signs of an act being committed for the correct qualification of actions (inaction) that encroach on state power or the interests of state or municipal service.

official, state power, civil service, local government bodies, official powers, abuse, negligence