Development of domestic criminal law regarding responsibility for abuse of power or official authority by a law enforcement official

Abstract

Exceeding official authority, malpractice, use of power for personal purposes are phenomena that accompany the process of political, economic and social development of any state. Despite the fact the negative phenomenon is inherent in every country; the effectiveness of measures against its spread remains various.
 The development of effective methods of combating any misconduct is impossible without the prior implementation of historical and legal research. In such a case, it seems possible not only to comprehend the causes and conditions for the origin of this dangerous phenomenon, but also to find out the compliance of criminal law prescriptions with the requirements of the public.
 Gaining independence of our State at the end of the 20th century, caused a necessity to implement changes that affected the entire branch system of society’s vital activities. There was no exception to the issue of the sphere related to the implementation of law enforcement activities. In fact, since the adoption of the Act of Proclamation of Independence of Ukraine and until now, the law enforcement system has been continuously reformed. This is explained by the need to improve the effectiveness of Ukrainian human rights bodies and bring them into line with modern democratic, social, economic and political realities. Precisely for the purpose of ensuring effective organization of the implementation of reforms in the area within the competence of the Ministry of Internal Affairs there was created permanent advisory body “Office of Reforms”.
 Taking into account the level of public danger, threats of exceeding power or official authority by law enforcement officers required special legal regulation. Criminal liability for the specified act is established in Art.365 of the Criminal Code of Ukraine, the content of which, like the entire law enforcement system of Ukraine, has undergone numerous changes. Since the effective date of the current Criminal Code of Ukraine, five changes have been made to this criminal law norm, one of which even referred to the new edition.
 Accordingly, historical knowledge of the essence of the phenomenon of exceeding power or official authority by a law enforcement officials will help to understand the content and meaning of the ban, and therefore to understand the approaches of the legislator in solving certain problems.