Excess of official authority. Art. 285 of the Criminal Code with comments

Corruption and crimes related to it,exist in the world since ancient times. However, it was with the development of the market that a bright surge of such crime occurred. And this is not surprising. After all, since then, the use of official position for personal and mercenary purposes has brought a significant income. In European countries for more than two hundred years, the law prescribed a ban on corruption. In Russia, for illegal activities carried out with the help of official powers, liability under Art. 285 of the Criminal Code.

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The history of corruption

Translated from Latin, this word means"bribe". In Russian criminology, corruption is defined as a social phenomenon characterized by the sales of civil servants. The Criminal Code contains a number of articles designed to prevent such illegal activities. One of them is art. 285 of the Criminal Code. Comments on this article can be found further. But first it should be said that various corruption actions are the most common motive in illegal activities, but far from being the only one.

Service crimes

An official is a citizen who possessescertain rights that are necessary for him solely for the performance of his duties. It is for this purpose that he is endowed with such power. But in practice quite often citizens holding executive positions in various state institutions take advantage of opportunities, breaking the boundaries of their official activities.

Crimes related to unlawfuluse of authority, are prescribed not only in art. 285 of the Criminal Code. Actions that are carried out with the help of official opportunities, but which are contrary to the interests of the service, are getting and giving a bribe, forgery, commercial bribery, illegal registration of transactions with land, abuse of office. Art. 285 of the Criminal Code of the Russian Federation concludes the description of crimes that are, as a rule, a prerequisite for the above types of violation of the law.

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The objective side

Normal, full-fledged work of statebodies is under threat in committing such official crimes, as the acts that are prescribed in Art. 285 of the Criminal Code. Abusing the position, a person occupying a certain position is prejudicial primarily to the institution in which he works. Thus, it can be said that the object of this act is the interests of the public service.

Such an act as abuse of authority,which rely on a person only according to the job description, is characterized by certain actions. These actions are performed in spite of the service. They also have socially dangerous consequences. Official human rights vest the law solely for the performance of their duties. The pursuit of any other purposes within the framework of his service is punishable by law.

Minimal punishment

Self-interested or personal interest does notno relation to government activities. Therefore, in carrying out such actions, an official, according to Part 1 of Art. 285 of the Criminal Code, may be fined eighty thousand rubles. For such a crime, the deprivation of the right to hold managerial positions in the next five years can serve as punishment. As for the fine, it does not necessarily represent a fixed amount. In some cases, it can be appointed based on the income of the accused over the past six months.

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Other types of punishment

Accused under Part 1 of Art. 285 of the Criminal Code can be sentenced by the court to forced labor for four years. The deprivation of liberty is also provided for in this criminal article. The consequences of such acts, first of all, depend on the term of imprisonment. The maximum is ten years. The same forms of punishment are provided for by law in the commission of such crimes as abuse of official authority.

Art. 285 of the Criminal Code of the Russian Federation says that official crimes have more serious consequences for the perpetrator if, in carrying out them, he held public office and the rights that she assumes, used mainly for selfish and personal purposes. For such an act also provides for various forms of punishment.

What threatens abuse of power to a person holding public office? What can be the verdict? Art. 285 of the Criminal Code provides for the following types of punishment:

  • a fine of one hundred to three hundred thousand rubles;
  • forced labor (up to five years);
  • deprivation of liberty (up to seven years).

The fine depends on the income of the accused. In the event that forced labor is punished in accordance with the judge's sentence, the perpetrator is also deprived of the right to hold certain positions for a period of three years.

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The subjective side

Who can act as a defendant in the case,instituted on the basis of the article "Abuse of official authority"? Art. 285 of the Criminal Code provides for punishment for a crime, the object of which may be representatives of government, performing the following functions:

  1. Organizational and administrative.
  2. Administrative and economic.

Such activities are carried out in various state or municipal institutions, local self-government bodies, as well as armed forces and other military formations.

Symptoms

The crime, which is referred to in Part 1 of Art. 285 of the Criminal Code of the Russian Federation, is always connected with direct intent. Acts committed by negligence or negligence are governed by other criminal acts. The motive for the abuse or abuse of authority can be either self-interest or pursuit of purely personal goals.

Criminal cases under art. 285 of the Criminal Code are instituted as a result of illegal activities, which may lead to very serious consequences. Such circumstances are prescribed in the third part of this criminal article. And officials brought to criminal responsibility on the basis of Part 3 of Art. 285, can be sentenced to ten years in prison.

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Influence on society

In many such crimes in the role ofan additional object is the legitimate interests of citizens. There is no doubt that if a representative of the government actively abuses his powers, this can not but affect ordinary people. In some cases, this effect resembles a delayed-action mine. In others, a negative reflection of illegal activities on the lives of citizens occurs almost instantaneously.

In a number of crimes of this kind the subject mayto act as property of citizens and even their health. To establish the fact of the crime, it is necessary to determine the terms of reference of an official. The composition of the crime is regulated by the commentary to art. 285 of the Criminal Code of the Russian Federation in a new version.

Expenditure of funds

The official is brought to the criminalresponsibility, if, by abusing his official position, he carried out misuse of funds. As in other cases, the penalty for such actions may be different. It all depends on the circumstances under which the crime was committed. If such actions were carried out by an official independently, the culprit will have to pay a fine of one hundred to three hundred thousand rubles on the verdict of the court. But in the event that the act is planned by a group of persons, the amount of the penalty for each of them will amount to a more substantial amount. Such a form of punishment, like deprivation of liberty, in such a case can also be applied.

 abuse of official powers Article 285 of the Russian Federation

Motives

The crime referred to in this article,is associated, as a rule, with mercenary motives. The acquisition of property benefits is the goal that was pursued by the once most of the convicts under art. 285. Temporary borrowing of budgetary funds is also a criminal act. But not only material benefit is the subject of this crime. Labor and transport related to a particular institution can not also be used by a person who occupies even a very significant position in this state organization. That is why attraction of employees of the organization and use of the office car for personal purposes can also be called abuse of authority.

In the criminal article, which is mentioned above, among themotives were also given other personal goals. They are understood as incentives, which are not directly related to profit, but also can not be called unselfish. Careerism, nepotism and protectionism are motives, guided by which heads of state institutions often commit numerous crimes. The most common among them are the acts that are provided for in Article 258.

Significant violations

Abusing their authority, the representativeState power affects the interests of the state and society. Such actions are negative and can create violations. The most significant are those actions that violate the rights of citizens, prescribed in the Constitution, undermine the authority of the authorities and interfere with their work. Whether the violations are created or not is decided by the court in each individual case. There are no special signs in this respect. As a rule, the court draws a conclusion on the basis of the degree of negative influence on the society, which was rendered by the actions of the perpetrator under Article 258.

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Severe consequences

The third part of this criminal article deals witha crime that entails special consequences. For committing this act, a citizen holding a leading position in a state organization can be sentenced to ten years in prison. What are these consequences? And why are they called grave?

Under such consequences, emergencysituations that occurred as a result of criminal actions by an official. Also grave consequences can be called major material damage caused as a result of exceeding or abuse of one's own authority by one of the leaders.

The guilt of a suspect in the crime provided for in Article 258 can not be proved if at least one of the signs that are characteristic of this act is missing.

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