Features of the subject matter of crimes in the sphere of official activity

Abstract

The article is sanctified to realization of criminal law analysis of individual issues, in particular: the concept of an official as a subject of a crime; categories (types) of officials; legislative definition of government representatives, interpretation of organizational and administrative and administrative and economic functions (responsibilities); definition of the content of the concept of “subordination”, etc. as circumstances subject to further proof.In the article the argued elucidations are given in relation to that, or there were deputies of Head of Administration of President of Ukraine in a period from 22.07.2014 for by 11.05.2019 official persons in understanding a century 18, century 364 or century 367 the Criminal code of Ukraine. Administration of President of Ukraine is an auxiliary, constantly operating body that is created by President of Ukraine on the basis of the article of a 106 Constitution of Ukraine. Thus, Administration does not make decision, obligatory for other subjects, does not carry out state imperious administrative functions, and it is not had to jurisdiction that spreads to certain territory, but thus is not a public organ in understanding of Law of Ukraine «About prevention of corruption». In according to the position of the Supreme Court, the Deputy Head of the Administration of the President of Ukraine is not an official of a state body. The position of the Deputy Head of the Administration of the President of Ukraine also does not belong to any of the categories of civil service positions defined by Article 6 of the Law of Ukraine «On Civil Service». The foregoing allows us to conclude that the Deputy Heads of the Presidential Administration of Ukraine in the period from 07.22.2014 to 05.11.2019 were employees of a permanent subsidiary body formed by the President of Ukraine with consultative and advisory functions. And they also did not perform organizational and administrative or administrative functions, and therefore were not officials in the understanding of Articles 18, 364, 367 of the Criminal Code of Ukraine. Key words: the subject of the crime, executive, government representative, organizational and administrative and administrative functions (responsibilities).