ДЕПУТАТ МІСЦЕВОЇ РАДИ ЯК СУБ'ЄКТ КРИМІНАЛЬНОГО ПРАВОПОРУШЕННЯ

Abstract

The article is devoted to the study of the influence of the status of the deputy of the local council on the nature of the composition of the criminal offense committed by such an entity. Different approaches of scientists regarding the definition of the concept and essence of such a criminal-legal category as a subject of a criminal offense have been analyzed. The general features of the subject of the criminal offense have been clarified, and its classification has been revealed. The signs of a special subject of a criminal offense were studied. It was observed that the grounds for identifying special subjects in criminal legislation. It was noted that the deputy of the local council, according to his legal status, belongs to a special form of the subject of a criminal offense. The concept of "official" in the context of criminal law is analyzed. Attention is focused on the triple nature of the legal status of a deputy of the local council as a representative of the interests of local residents, a full member of the local council and a representative of the government. The analysis of the peculiarities of the legal status of the deputy of the local council was carried out and the main organizational and legal forms of his activity as a subject of a criminal offense were revealed, which include initiative-normative, personnel, communicative and informational, control. The influence of the legal status of the deputy of the local council on the nature of the elements of the composition of certain criminal offenses is considered using examples from judicial practice. The classification of criminal offenses in which the deputy of the local council as his subject affects other elements of the composition of the offense, namely: related to the direct exercise of relevant powers, related to criminal influence and related to moral authority as a representative of interests local residents. It has been proven that the diverse nature of the activities of the deputy of the local council determines various methods and motives for committing his criminal offenses. It was determined that the deputy of the local council is not a special subject under the criminal law, however, the commission of a criminal offense by such a subject by applying his special legal status has an impact on all elements of the composition of the relevant offense, in particular on the time, place, motive, method and object of committing the corresponding offense.