Open AccessABOUT THE RATIO OF ELEMENTS OF CRIMES PROVIDED FOR BY ARTICLES 201 AND 285 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
Author(s) -
С. В. Элекина
Publication year - 2021
Publication title -
ûridičeskij analitičeskij žurnal
Language(s) - English
Resource type - Journals
eISSN - 2782-4276
pISSN - 1810-4088
DOI - 10.18287/1810-4088-2020-15-1-35-40
Subject(s) - legislation , criminal code , harm , law enforcement , law , object (grammar) , subject (documents) , political science , enforcement , criminal law , power (physics) , abuse of power , russian federation , order (exchange) , criminal procedure , criminology , state (computer science) , business , sociology , politics , computer science , physics , finance , algorithm , quantum mechanics , artificial intelligence , library science , economic policy
Among the controversial issues of law enforcement is the problem of distinguishing between abuse of authority and abuse of official authority. This problem is caused by a significant similarity of the elements of crimes under article 201 and article 285 of the criminal code. In order to correct qualification called socially dangerous encroachments in the article conducted a comparative legal analysis of the major signs of compounds that characterize the object, objective side, subjective side and the subject of abuse. Proposed effects of any kind of abuse of power committed in the field of private services, and in the sphere of public services is considered a significant violation of rights and legitimate interests of citizens and (or) organizations or legally protected interests of society or state, which includes substantial harm. The type of composition by design is formal and material. The object and subject of abuse of authority and abuse of official powers are identified as the main criteria for distinguishing between criminal attacks under the current criminal legislation of Russia.