For the first time, a rule establishing responsibility for an official to exceed his authority appeared in the Council Code, adopted in 1649. Since then, the sanctions for this crime have been significantly tightened. Punishment reached its maximum in the provisions of the Criminal Code of 1922 and the first edition of the Code of 1926. The norms, in particular, provided for the death penalty for this crime.
Features of the law
In the previous historical period, normative acts did not provide for a significant difference between the level of public danger of abuse of power and abuse of authority, between negligence and inaction of officials. This was reflected in the punishments for basic and qualified staff. As practice shows, an excessively abstract description that does not contain clear criteria allows for sufficiently wide limits for the consideration of cases by the court. In fact, this contradicts the principle of legality. In this regard, in the process of subsequent reform of the Russian criminal legislation, it was decided to abandon such formulations.
Article 286 of the Criminal Code
The excess of official authority is considered as the implementation by the subject of actions that go beyond his competence. Such behavior entails a violation of rights and infringement of the interests of organizations, citizens, society and the entire state. Art. 286, part 1 of the Criminal Code of the Russian Federation for the guilty provides the following punishment:
- Imprisonment up to 4 years.
- Fine up to 80 thousand rubles. or in the amount of salary or other income of the offender for a period of up to six months.
- Forced work up to 4 liters.
- Deprivation of the ability to carry out specific activities or to stay in certain posts for up to 5 years.
- Arrest up to six months.
Sanctions cited in Art. 286 h. 1 of the Criminal Code, apply to the main corpus delicti. The norm also provides for punishment on qualifying grounds.
Aggravating symptoms
Part 2. Art. 286 of the Criminal Code of the Russian Federation establishes a punishment for persons serving in government bodies. We are talking about federal, regional and local authorities. In these cases, a more severe sentence is provided. Art. 286 of the Criminal Code establishes the following sanctions for these perpetrators:
- Up to 7 years in prison with a ban on certain types of activities or staying at certain posts for up to 3 years or without it.
- Fine from 100 to 300 thousand rubles. or in the amount of s / n or other income of the perpetrator for 1-2 g.
- Forced labor up to 5 years with a ban on staying at certain posts and engaging in certain types of activities up to 3 liters. either without it.
Art. 286 h. 3 of the Criminal Code
The acts indicated above can be committed:
- Using violence.
- Causing damage to health.
- Using special means or weapons.
In these cases, Art. 286 h. 3 of the Criminal Code of the Russian Federation establishes imprisonment for 3-10 years. In this case, the perpetrator will be deprived of the right to engage in certain types of activities and remain in a number of posts up to 3 liters.
The objective side of Art. 286 of the Criminal Code (with commentary)
It consists in the performance by the employee of actions that, in the first place, clearly go beyond the scope of his duties. Secondly, his behavior entails significant harm resulting from violation of rights and infringement of interests of organizations and citizens, the state and society. In addition, the objective part of the crime is formed by the causal relationship between the unlawful action and the consequences. When delimiting abuse and abuse of authority, it is necessary to take into account that in the first case, a person, contrary to official interests, illegally uses the power entrusted to him. In the second, the subject performs actions that clearly go beyond the scope of his duties. They relate to the competence of another person or may be realized by the guilty in special circumstances. The latter should be indicated in a legislative or other regulatory act. For example, this may be the commission of actions in the case of a reasonable risk or to prevent more substantial harm without going beyond the bounds of emergency. Unlawful are also considered acts that no entity under any circumstances is entitled to commit. These include, for example, going beyond the established measures during the detention of a criminal, unlawful behavior, expressed in the use of violence against a subordinate. This is what Article 286 of the Criminal Code of the Russian Federation implies. Excess of authority should be obvious and indisputable for the perpetrator. In this case, the crime is qualified according to the norm in question.
Clarification of concepts
According to Art. 286 of the Criminal Code (as amended) as a significant violation of the rights and infringement of the interests of the state, society, organizations or citizens, a number of negative consequences should be understood. They are associated with:
- Violation of the constitutional rights of citizens.
- Causing property, physical or moral damage to a person.
- Violation of the normal activities of the enterprise, organization, institution, which led to a long interruption or suspension of work and so on.
The question of the materiality of the above violations is decided in accordance with the specific circumstances of the case.
Differentiation of formulations
Article 286 of the Criminal Code of the Russian Federation establishes punishment for acts that can be committed not only when a person fulfills his duties as a representative of authority. The wrongfulness of behavior can also manifest itself in the implementation of functions of an administrative-economic or organizational-administrative nature. This, in fact, is the difference between the corpus delicti, which provides for Article 286 of the Criminal Code of the Russian Federation, from other crimes, which may also be related to the subject’s going beyond his competence in behavior. An example is art. 302 of the Code.
Fact finding
To qualify a crime according to the compositions provided for in Article 286 of the Criminal Code of the Russian Federation, it is first necessary to find out which law or regulation governs the competence of the perpetrator. In addition, it should be established what specifically expressed the way beyond it. If there are no justifications in the procedural documents, liability under the article in question does not occur.
Motive
286 of the Criminal Code of the Russian Federation provides for guilty punishment solely for actions. Moreover, they can be committed with indirect or direct intent. The motives for committing a crime can be a variety of aspirations. It can be envy, self-interest, careerism. Some actions are performed in order to create the appearance of well-being or to create a false idea of the true intentions of the guilty. In the latter case, behavior in the so-called "service interests" is implied.
Official position
They are provided for in the second and third parts of the article. One of them is the commission of unlawful acts by a person who is in the civil service in federal, local or regional authorities. Increased requirements are imposed on such officials in view of the very nature of their situation and the presence of a wide range of powers. Going beyond the established framework is fraught with significant violations of the interests and rights of a large number of citizens and enterprises.
Violence or threat
This qualified composition is provided for in part three. Under violent acts or the threat of their use, article 286 of the Criminal Code of the Russian Federation means causing physical harm. It can be expressed in torture, beatings, restriction of freedom, other damage to health. In addition, a crime can be committed with the use of mental pressure on the victim. It is expressed in threats of violence to suppress the will of the subject.
The use of special equipment or weapons
The use of these objects in excess of authority involves both physical (blow with a rubber truncheon / pistol grip, shot to kill, etc.), and mental impact. In these cases, there is a real threat to the health or life of the victim. If the wrongful behavior of the perpetrator was accompanied only by a demonstration of weapons or special equipment and did not pose a real danger to the citizen, then it can be qualified as an excess of authority by the subject with the threat of violence against the victim.
Grave consequences
These include, for example, the suicide of the victim following the crime, a lengthy downtime, a major accident. The grave consequences also include the infliction of property damage on a large scale. In the case when the abuse of authority was accompanied by a premeditated murder, then this act is qualified by the aggregate composition under part 3, art. 286 and Art. 105 of the Criminal Code.
Harm to health
If it is caused as a result of exceeding authority during the qualification of the wrongful act of the perpetrator, the legal assessment depends on the specific circumstances of the case. It is also necessary in this case to take into account that part three establishes liability for causing any but serious grievous bodily harm. The punishment for him, in turn, is provided for in Art. 111. In such cases, the crime is qualified by the totality of the compositions.