AN EMPLOYEE OF A LAW ENFORCEMENT AGENCY AS A SUBJECT OF ABUSE OF POWER OR OFFICIAL POSITION AND THEIR EXCESS (CERTAIN PROBLEMS OF THEORY AND PRACTICE)
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
The article determines the relevance of the study of the issue of amending the Criminal Code of Ukraine, in particular to Art. 364, and art. 365 of the Criminal Code of Ukraine, which provide for liability for abuse of power or official position and excess of authority or official authority by an employee of a law enforcement agency. The approaches of scholars concerning the feasibility of introducing these changes are considered and studied. The points of view of scientists concerning the understanding of the essence of the changes made to Art. 365 of the Criminal Code of Ukraine (excess of authority or official authority by an employee of a law-enforcement body). The views of the Supreme Court of Ukraine on the differences in the composition of abuse of power or official position and the excess of authority or official authority by an employee of a law enforcement agency are being studied. The opinions on understanding the concepts of “official” and “official” are analyzed; these concepts are analyzed in various normative documents. Self-actualization of these concepts is given, and in this regard, amendments to legislation are proposed that would prevent their ambiguous understanding and promote uniformity of application. The concept of general and special norm, and their correlation in the context of changes to art. 365 of the Criminal Code of Ukraine (excess of authority or official authority by an employee of a law-enforcement body). The approaches of scientists to ways of overcoming “ambiguities” and “incomprehensibility” that arose in connection with the changes made to Art. 365 of the Criminal Code of Ukraine (excess of authority or official authority by an employee of a law-enforcement body). Attention is paid to the actual understanding of the mentioned shortcomings and provides recommendations for the improvement of legislation on these issues. Opinions about how the article will be held by all officials except law enforcement officers for abuse of power or office.
Authors and Affiliations
Ігор Дмитрович Метельський
Keywords
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