Представитель власти в уголовном праве

Abstract

The representative of the authorities concept in the criminal law of the Russian Federation is researched. Being key for a significant number of crimes, understanding its essence, content, and specific features eliminates problems in the process of qualifying socially dangerous acts. The definition is analyzed taking into account the judicial interpretation that has emerged in Russia, contained in a number of the Russian Federation Supreme Court Plenums’ decisions. The features, prerequisites and the concept transformation patterns in criminal legislation are structured, taking into account the method of historicism. Various scientific approaches are studied and summarized, during which specific differences are established. The author’s definition is proposed, indicating key features, including the legality of the performance of duties, the limits of the exercise of power, and the generation of legal consequences. The approach to the dual understanding of a representative of the authorities is substantiated. The crimes provided for in Chapter 30 of the Criminal Code of the Russian Federation (against state power, the interests of public service and service in local government bodies) reveal the essence of a representative of the authorities as a function. For crimes regulated by Chapter 32 of the Criminal Code of the Russian Federation (against the order of management), a representative of the authorities is defined as an official. Understanding a representative of the authorities as a function and as an official eliminates the contradictions existing in doctrine and judicial practice, since in one case the representative of the authorities acts as a subject of a crime, in another as a special victim.