286 article of the Criminal Code of the Russian Federation. Excess of official authority

For the first time, the norm that establishes the responsibility for exceeding the official 's authority, appeared in the Cathedral ordinance, adopted in 1649. Since that time, the sanctions for this crime have become much tougher. His maximum punishment was 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 legislation

In the previous historical period, the 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 punishment of the main and qualified teams. As practice shows, an excessively abstract description, which does not contain clear criteria, allows rather broad 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 law, it was decided not to formulate such formulations.

Article 286 of the Criminal Code

Excess of official powers is considered as the implementation of the subject of actions that go beyond his competence. Such behavior entails violation of rights and infringement of the interests of organizations, citizens, society and the whole state. Art. 286, part 1 of the Criminal Code for the perpetrator provides the following punishment:

1. Imprisonment up to 4 years.
2. Penalty up to 80 thousand rubles. Or in the amount of salary or other income of the guilty for a period of up to six months.
3. Forced labor up to 4 liters.
4. Deprivation of the opportunity to carry out specific activities or stay in certain positions up to 5 years.
5. Arrest to six months.

The sanctions listed in Art. 286 part 1 of the Criminal Code of the Russian Federation, apply to the main part of the crime. The norm also provides for punishment on qualifying grounds.

Aggravating signs

Part 2. Art. 286 of the Criminal Code establishes a penalty for persons serving in government bodies. We are talking about federal, regional and local structures of power. In these cases, a more severe sentence is provided. Art. 286 of the Criminal Code of the Russian Federation for the specified guilty persons establishes the following sanctions:

1. Up to 7 years in prison with a ban on certain activities or stay in some positions for up to 3 years or without him.
2. A fine of 100 to 300 thousand rubles. Or in the amount of salary or other income of the guilty for 1-2 g.
3. Forced labor up to 5 years with the prohibition of staying in certain positions and engaging in certain types of activities up to 3 liters. Or without it.

Art. 286 part 3 of the Criminal Code of the Russian Federation

The acts listed above can be committed:

1. Using violence.
2. Causing damage to health.
3. With the use of special means or weapons.

In these cases Art. 286 part 3 of the Criminal Code establishes imprisonment for 3-10 years. At the same time, the perpetrator will be deprived of the right to engage in certain activities and stay at a number of posts up to 3 liters.

The objective side of Art. 286 of the Criminal Code (with comments)

It consists in committing employees to actions that first of all clearly go beyond the scope of their duties. Secondly, his behavior entails significant harm, the result of violation of rights and infringement of the interests of organizations and citizens, the state and society. In addition, the objective part of the crime is formed by the causal connection between the unlawful action and the consequences. Limiting abuse and abuse of authority, it is necessary to take into account that in the first case the person unlawfully uses the authority entrusted to him contrary to official interests. In the second, the subject performs actions that clearly go beyond his duties. They fall within the competence of another person or may be carried out by the perpetrator under special circumstances. The latter should be indicated in a legislative or other normative act. For example, it can be the performance of actions in the case of a justified risk or to prevent more significant harm without going beyond extreme necessity. Illegal actions are also considered, which no subject under any circumstances has the right to commit. They include, for example, going beyond the established measures during the detention of a criminal, unlawful behavior, expressed in the use of violence over a subordinate. This is what Article 286 of the Criminal Code of the Russian Federation implies. Excess of official powers 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 (in a new wording) as a significant violation of rights and infringement of the interests of the state, society, organizations or citizens should be understood as a number of negative consequences. They are related to:

• Violation of the constitutional rights of citizens.
• Causing property, physical or moral damage to the person.
• Violation of the normal activities of the enterprise, organization, institution, leading to a long break or suspension of work and so on.

The question of the materiality of the above violations is resolved in accordance with the specific circumstances of the case.

Differentiation of formulations

Article 286 of the Criminal Code establishes penalties for acts that can be committed not only when a person performs his duties as a representative of the authorities. The wrongfulness of the behavior can be manifested in the implementation of administrative, economic or organizational-administrative functions. 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 that may also be related to the exit of the subject beyond his competence in conduct. An example is Art. 302 of the Code.

Establishment of fact

For the qualification of the offense by composition, which provides for article 286 of the Criminal Code of the Russian Federation, it is necessary first of all to find out which law or normative act regulates the competence of the offender. In addition, it should be established, what exactly was the way out of it. In the absence of substantiation in the procedural documents, responsibility for the article under consideration does not occur.

Motive

Article 286 of the Criminal Code provides for punishment for the perpetrators solely for acts. In this case, they can be committed with indirect or direct intent. Various aspirations may serve as motives for the commission of a crime. It can be envy, self-interest, careerism. Some actions are carried out in order to form a semblance of well-being or to create a false idea of the true intentions of the perpetrator. In the latter case, the behavior in the so-called "service interests" is implied.

Service position

They are provided in the second and third parts of the article. One of them is the commission of unlawful acts by a person who is on civil service in federal, local or regional government bodies. Increased requirements for such officials are made in view of the very nature of their situation and the existence 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.

Violent action or threat

This qualified composition is envisaged in part three. Under violent actions or the threat of their use, Article 286 of the Criminal Code of the Russian Federation implies causing physical harm. It can be expressed in torture, beatings, restriction of freedom, other damage to health. In addition, a crime can be committed and using mental pressure on the victim. It is expressed in threats of violence to suppress the will of the subject.

Use of special equipment or weapons

The use of these objects in excess of powers assumes both physical (blow with a rubber truncheon / pistol grip, a shot at defeat, etc.), and mental impact. In these cases, there is a real threat to the health or life of the victim. If the unlawful behavior of the perpetrator was accompanied only by the demonstration of weapons or special means and did not pose a real danger to the citizen, it can be qualified as exceeding the powers of the subject with the threat of violence against the victim.

Severe consequences

They include, for example, the suicide following the crime, a long, simple enterprise, a major accident. Serious consequences are also attributed to causing property damage in a large amount. In the event that abuse of authority was accompanied by intentional homicide, this act is qualified according to the aggregate composition in accordance with Part 3, Art. 286 and art. 105 of the Criminal Code.

Harm to health

When it is caused as a result of abuse of authority during the qualification of an unlawful act of the perpetrator, the legal assessment depends on the specific circumstances of the case. It is necessary in this case also to take into account that the third part establishes the responsibility for causing any, other than grave, harm to health. Punishment for him, in turn, is provided for in Art. 111. In such cases, the crime is qualified by the totality of the formulations.