Corruption and the crimes associated with it have existed in the world since ancient times. However, it was precisely with the development of the market that there was a bright surge in such crime. And this is not surprising. Indeed, since then, the use of official position for personal and selfish purposes has begun to bring substantial income. In European countries, for more than two hundred years, the law spelled out a ban on corruption. In Russia, for illegal activities carried out with the help of official powers, liability is provided for under Art. 285 of the Criminal Code.
History of corruption
Translated from Latin, this word means "bribery." In Russian criminology, corruption is a social phenomenon characterized by the venality of public servants. The Criminal Code contains a number of articles designed to prevent such illegal activities. One of them is Art. 285 of the Criminal Code. Comments on this article can be found later. But first, it should be said that various corruption acts are the most common motive for committing illegal activities, but far from the only one.
Official crimes
An official is a citizen who has certain rights necessary for him solely to fulfill his duties. It is for this purpose that he is endowed with such power. But in practice, quite often, citizens who occupy senior positions in various state institutions take advantage of opportunities that violate the boundaries of official activity.
Crimes related to the unlawful use of powers are prescribed not only in Art. 285 of the Criminal Code. Actions that are carried out with the help of official capabilities, but contrary to the interests of the service, are receiving and giving a bribe, official forgery, commercial bribery, illegal registration of transactions with land, abuse of office. Art. 285 of the Criminal Code concludes a description of crimes, which are, as a rule, a prerequisite for the above types of violation of the law.
Objective side
The normal, full-fledged work of state bodies is at risk in the commission of such official crimes as the acts that are prescribed in Art. 285 of the Criminal Code. Abusing the position, a person holding a certain position causes damage primarily to the institution in which he works. Thus, we can say that the object of this act is the interests of the public service.
Such an act as abuse of authority, which a person is entitled to only according to the job description, is characterized by certain actions. These actions are performed contrary to the service. They also entail socially dangerous consequences. The official rights are vested with human rights solely for the exercise of his duties. The pursuit of any other goals as part of his service is punishable by law.
Minimum punishment
Selfish or personal interest has nothing to do with government activities. Therefore, in carrying out such actions, the official, according to part 1 of article 285 of the Criminal Code, may be fined in the amount of eighty thousand rubles. For such a crime, punishment can also be deprivation of the right to occupy leadership positions in the next five years. As for the monetary fine, it does not necessarily represent a fixed amount. In some cases, he may be appointed based on the income of the accused over the past six months.
Other types of punishment
Accused under Part 1 of Art. 285 of the Criminal Code may be sentenced by the court to forced labor for four years. Deprivation of liberty is also provided for in this criminal article. From the consequences that are caused by such acts, the term of imprisonment primarily depends. The maximum is ten years. The same forms of punishment are prescribed by law when committing a crime such as abuse of power.
Art. 285 of the Criminal Code of the Russian Federation says that official crimes have more serious consequences for the perpetrator if, while committing them, he held a public office and the rights that she assumes, used mainly for personal and personal purposes. Various forms of punishment are also provided for such an act.
What threatens the abuse of power to a person holding a public position? What could be a sentence? Art. 285 of the Criminal Code provides for the following types of punishment:
- a fine from one hundred to three hundred thousand rubles;
- forced labor (up to five years);
- imprisonment (up to seven years).
The monetary fine depends on the income of the accused. If the punishment in accordance with the judge’s sentence is forced labor, the perpetrator is also deprived of the right to hold certain posts for a term of three years.
Subjective side
Who can act as an accused in a case brought under the article “Abuse of official authority”? Art. 285 of the Criminal Code provides for punishment for a crime, the object of which may be representatives of the authorities, performing the following functions:
- Organizational and administrative.
- Administrative and economic.
Similar activities are carried out in various state or municipal institutions, in local government bodies, as well as in the armed forces and other military units.
Signs
Crime referred to in part 1 of article 285 of the Criminal Code, always associated with direct intent. Acts committed through negligence or due to negligence are regulated by other criminal articles. The motive for abuse or abuse of authority may be either self-interest, or the pursuit of purely personal goals.
Criminal cases under Art. 285 of the Criminal Code of the Russian Federation is aroused as a result of unlawful activities, which can entail very serious consequences. Such circumstances are spelled out in the third part of this criminal article. And officials prosecuted on the basis of part 3 of art. 285 may be sentenced to ten years in prison.
Impact on society
In many such crimes, the legitimate interests of citizens act as an additional object. There is no doubt that if a representative of the government actively abuses his powers, this cannot but affect ordinary people. In some cases, this effect resembles a time bomb. In others, a negative reflection of illegal activity on the lives of citizens occurs almost instantly.
In a number of crimes of this kind, the subject may be property of citizens and even their health. To establish the fact of a crime, one should determine the terms of reference of an official. The corpus delicti is regulated by the commentary to Art. 285 of the Criminal Code in the new edition.
Spending money
An official shall be held criminally liable if, abusing his official position, he has made a misuse of funds. As in other cases, the punishment for such actions may be different. It all depends on the circumstances in which the crime was committed. If such actions by an official were carried out independently, at the verdict of the court, the culprit would have to pay a fine of one hundred to three hundred thousand rubles. But if the action is planned by a group of persons, the size of the fine for each of them will be a more substantial amount. Such a form of punishment as imprisonment in a similar case can also be applied.
Motives
The crime referred to in this article is usually associated with selfish motives. Obtaining property benefits is the goal that was once pursued by the majority of convicts under Art. 285. Temporary borrowing of budget funds is also a criminal act. But not only material gain is the subject of this crime. Labor and transport related to a particular institution cannot also be used by a person who holds even a very significant position in this state organization. Therefore, the involvement of employees of the organization and the use of a company car for personal purposes can also be called abuse of authority.
In the criminal article mentioned above, other personal goals were also given among the motives. They mean motives that are not directly related to profit, but also cannot be called disinterested. Careerism, nepotism and protectionism are the motives guided by which the heads of state institutions often commit numerous crimes. The most common among them are precisely the acts that are provided for in Article 258.
Significant violations
Abusing his powers, the representative of state power affects the interests of the state and society. Such actions are negative and may create violations. The most significant actions are those that violate the rights of citizens prescribed in the Constitution, significantly undermine the authority of the authorities and interfere with their work. Whether the violations created are significant or not, the court decides in each individual case. There are no particular signs in this regard. As a rule, the court concludes on the basis of the degree of negative influence on society that the actions of the perpetrator under article 258 had.
Grave consequences
The third part of this criminal article deals with a crime that entails special consequences. For committing this act, a citizen holding a leadership position in a state organization may be sentenced to ten years in prison. What are these consequences? And why are they called grave?
Under such consequences understand emergency situations that occurred as a result of criminal actions of an official. Also grave consequences can be called large material damage caused as a result of exceeding or abuse of one of the powers of one of the leaders.
The guilt of a suspect in a crime under Article 258 cannot be proved if at least one of the signs that are characteristic of this act is missing.