Theoretical and legal aspects of criminal responsibility for exceeding power or official authority by a law enforcement officer
نویسندگان
چکیده
This article is devoted to theoretical and legal foundations. In the aspects of criminal liability for overstepping authority or service duties by a law enforcement officer in accordance with Criminal Code Ukraine. The author points out that under conditions military invasion Russian Federation on territory Ukraine role importance functioning agencies has essentially increased. On basis provisions current legislation, problematic understanding “criminal liability” officer”, as well definition structure this crime its qualificatory features were disclosed. It noted today science practice there are no clear criteria eligibility body category special subject “law enforcement”. Thus, it emphasized matter requires legislative consolidation. Problems arise during interpretation essence meaning concept “excessive power duties” analyzed. official powers belongs group offenses often associated commission other group. court analyzed, within limits which specified, what be understood excessive duties. established abuse exceeding indirectly linked establishment direct link between position, competence person, amount scope granted their use committing crime. specificity offence lies – officer.
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ژورنال
عنوان ژورنال: Naukovij vìsnik Užgorods?kogo nacìonal?nogo unìversitetu
سال: 2022
ISSN: ['2664-6153', '2307-3322']
DOI: https://doi.org/10.24144/2307-3322.2022.72.55