Classification of a crime committed by a lawyer using an official position

The issue of the possibility classifying a crime committed by lawyer according to “using an official position” attribute is controversial in theory criminal law. In practice, some cases this qualifying factor used legal assessment actions lawyer, other it not applied. When prosecuting clear criteria for applying are necessary. paper analyzes explanations Plenum Supreme Court Russian Federation, which reveal attribute. It identified that decisions Federation understood differently relation various crimes. author judicial practice application indicated when lawyer. study lack unified approach courts classification studies arguments scientists who protest against concluded position associated with his professional status, he occupies, but functions being or person performing managerial commercial organization, implements law enforcement process. Therefore, under certain conditions and cases, there objective necessity charge has