MOTIVATION OF EXCEEDING OF AUTHORITY OR OFFICIAL POWERS BY A LAW ENFORCEMENT OFFICER
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
Classification of motives of exceeding of power or official authority by law enforcement officials. Provides guidance for preventive work with those employees with taking into account the possible motivation of their criminal behaviour. Identify areas for improvement in the positive motivational part of law enforcement officials. It was stated that the determination of crime in general and the determination of excess of power or official authority by an employee of a law enforcement agency, in particular, are largely due to the motivation that guards the perpetrators of crimes. The elucidation of the motive answers the question of why a person chose this particular behavior, and not another. Not paying attention to some differences, we can say that in the legal literature, the motive is regarded as a direct factor in the crime and understand the inner motivation behind it, which is guided by a person during the commission of a crime. Modern criminologists pay close attention to the classification of motives for criminal behavior. It can be conducted on various grounds: the degree of public danger of crime, the content of psychological installation, major groups of needs, etc. Determining the peculiarities of motivating the actions of law enforcement officers during the excess of authority or authority will provide opportunities to propose and implement a system of measures to prevent this criminal activity. The classification of motives inherent in the work of law enforcement bodies during the commission of excessive power or official authority is given – it is to a certain extent conditional and does not cover the whole variety of personality traits of these employees. During the commission of a crime, there may also be transitional types of motives in the form of variations from the above. In addition, any classification can not be suitable for all nuances of human behavior. However, the practical value of the proposed typology of motives lies in the fact that it integrates the personal qualities of the offender, reflects their nature and provides guidance for operational preventive work. Thus, conditions are created for the study of a specific person of the offender, since in general one way or an other finds his manifestation private and vice versa.
Authors and Affiliations
Любов Михайлівна Макотченко
Keywords
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