INVESTIGATIVE ERRORS IN ESTABLISHING THE FEATURES OF A SPECIAL SUBJECT OF CORRUPTION OFFENCES

The article is devoted to the study of the most common investigative errors in establishing the features of a special subject of corruption offences. On the basis of content analysis of court practice materials, the author revealed that in the structure of investigative errors in the application of the criminal law, the largest share of errors in the establishment of constructive features of a public official. Also, when identifying the characteristics of a special subject, errors often occur in establishing the scope of actual powers, the use of which caused the commission of a corruption offence. Errors are particularly common in the investigation of offences committed in the field of education. Among the possible sources of errors is the uncertainty associated with the interpretation of pedagogical activity through the categories of criminal law and criminal procedural legislation, as well as resulting from different approaches of law enforcers to the content of the signs of a special subject of corruption offences in the field of education. The sources of investigative errors also include a formal approach to identifying the scope of official powers. The analysis of judicial practice and doctrine resulted in the author’s conclusions that prevention of investigative errors is possible through the most complete identification and descrip tion in the procedural acts of preliminary investigation of the signs of organizational and administrative powers of an official a teacher: legally significant actions; an official document; legal consequences; the possibility of making a legally significant decision by a teacher at the time of committing an offence. Prevention of investigative errors associated with the incorrect establishment of the scope of official powers can be based on a more detailed study of job descriptions, orders on the assignment of additional duties, local acts of the organization regulating educational legal relations.

investigative errors, special subject of crime, errors in the application of criminal law, risks of investigative errors, official, person performing managerial functions in a commercial or other organization, organizational and administrative functions, administrative and economic functions, functions of an authority figure, procedural acts of preliminary investigation

Bukharinа N. P. Investigative errors in establishing the features of a special subject of corruption offences. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;2(67):281—287. DOI: 10.25683/VOLBI.2024.67.1010.