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SOME ASPECTS OF CRIMES COMMITTED BY OFFICERS, INCLUDING LAW ENFORCEMENT OFFICERS

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PDF: Author(s): Baglay Yu. V.,
Number of journal: 2(55) Date: May 2021
Annotation:

The article is devoted to the analysis of the features of malfeasance. The author examines a modern approach to understanding such acts, distinguishes them from crimes against the interests of the service (Chapter 23 of the Criminal Code of the Russian Federation). Scientific research contains data from judicial practice, the definition of the specifics of the crimes under study. Special attention is paid to the commission of the crimes under consideration by law enforcement officials. The public danger of corruption manifestations in the system of law enforcement agencies is noted. The attitude of the state to the set problems is determined. The expansion of the interpretation of the concept of the subject of a bribe is characterized. The latest changes in criminal legislation regarding the definition of the subject of malfeasance are analyzed. The author’s position on the prevention of malfeasance committed by law enforcement officials is presented, including a balanced and carefully considered approach of the legislator to determining the signs of investigated crimes; development and implementation of specific long-term programs to combat crime by officials at the federal and regional levels; the necessity to use the media and the education system in order to warn the public about the danger of corruption. According to the author, special attention should be paid to countermeasures in telecommunication networks, including the Internet, as well as improving the work of supervisory authorities, in particular the prosecutor’s office, to determine measures to respond to the commission of crimes by officials. The reasons for the commission of such crimes are determined, including the lack of the necessary legal awareness, the presence of power and corrupt ties. The necessity to strengthen the criminal responsibility of law enforcement officers for corruption crimes by including in certain corpus delict such qualifying feature as the commission of a crime by a “law enforcement officer” has been substantiated. Examples of specific criminal cases are given, statistical information is analyzed.

Keywords:

malfeasance, official, authority, law enforcement officer, the interests of the service, the subject of the bribe, causes of crimes, prevention, crime, corruption, Criminal Code.

For citation:

Baglay Yu. V. Some aspects of crimes committed by officers, including law enforcement officers. Business. Education. Law, 2021, no. 2, pp. 218—223. DOI: 10.25683/VOLBI.2021.55.256.