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The article examines ways of improving the practice of criminal law enforcement in the cases of the abuse and excess of authority in public property management. The author proves the insufficiency of the current indicators of criminal punishability when the excess or abuse of authority in the management of public property takes place. It is necessary to include into law (at least within the framework of the guidelines of the Plenary Session of the Supreme Court of the Russian Federation) the presumption of the maximum effectiveness of the selected method of managing the public property. The author attempts to formulate and describe the normative content of the suggested presumption using the thesis of equal effectiveness’ potential for different forms of property. The author also comes to an interim conclusion that this presumption is a specific case of a more general presumption of the effectiveness of a public owner.  It is proven that the use of the analyzed presumptions agrees with the solidifying social role of public property, unlike the empirically unsubstantiated thesis of its apparent ineffectiveness. This circumstance excludes the linear approach to the assessment of managerial decisions regarding public property and, thus, shows that the established indicators of criminal punishability of the excess or abuse of authority by officials are insufficient for making well-grounded decisions on the initiation of criminal prosecution in connection with public property management. It is suggested that criminal punishability must be based on the expert assessment of managerial decisions made by officials, of their actions (inaction) in comparison with other possible scenarios within the examined managerial situation, which must be carried out at the stage of initial inquiry. The results of this expert assessment must form the grounds for making decisions regarding the initiation of criminal cases on the excess or abuse of authority against specific officials. Besides, the author also states that there are certain limits to applying this approach and that it is not universal.

vserossijskij kriminologičeskij žurnal

Presumption of the Effectiveness of Public Property Management as a Factor of Improving the Criminal Policy Regarding the Abuse and Excess of Authority