Theoretical and legal aspects of criminal responsibility for exceeding power or official authority by a law enforcement officer

Abstract

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