Art. 286 of the Criminal Code. Excess of official authority

Excess of official authority (Article 286 of the Criminal Code of the Russian Federation) formulates responsibility for the actions of individuals (employees of state and local authorities), which clearly exceed their competence. Sanctions are imposed in the event of a significant violation of the interests and rights of organizations or citizens, society, state. Consider further the adopted changes in Art. 286 of the Criminal Code.

Sanctions

The general composition of the crime under art. 286 of the Criminal Code provides for punishment in the form of:

1. Fine. Its value is up to 80 thousand rubles. Or equal to the amount of income / wages of the perpetrator for a period of up to 6 months.
2. Forced works. Their duration is up to 4 years.
3. Prohibition on the performance of a particular activity or stay in a particular position until 5 years.
4. Imprisonment up to 4 years.
5. Arrest for 4-6 months.

Qualifying signs

Art. 286 of the Criminal Code of the Russian Federation in part 2 establishes a penalty for the above acts if they are committed by a person in the public office of the Russian Federation or a constituent entity of the Russian Federation, as well as acting as head of a local government body. In these cases, the sanctions are as follows:

1. The fine is 100-300 thousand rubles. Or in the amount of wages (income from another source) convicted for 1-2 years.
2. 5 years of forced labor.
3. Up to 7 years in prison.

In the last two cases, in addition to the main punishment, the court may impose a ban on the performance of specific professional activities or stay in certain positions for up to 3 years.

Aggravating circumstances of Part 3

Acts, which are provided for in Part 1 and Part 2 of Art. 286 of the Criminal Code of the Russian Federation, may be committed:

• With the use of special weapons or weapons.
• With causing consequences of a grave nature.
• With the use of violent actions or with the threat of their use.

In these cases, the guilty person faces imprisonment from 3 to 10 years with a ban on certain activities or stay in specific positions.

Comments

The charge under art. 286 of the Criminal Code may be filed in the event of an active action. At the same time, they must clearly go beyond its competence and entail a significant infringement of legitimate interests and violation of the rights of others. This act involves indirect or direct intent. In Art. 286 of the Criminal Code of the Russian Federation, there is an indication of a clear way out of its competence. It must be obvious, rude, significant. This category is considered a valuation concept.

The materiality is established individually in each specific case. To determine the nature of the actions, first of all, it is necessary to establish the scope of the rights and duties entrusted to the suspect, as well as his competence. They are formulated in various normative documents. These include, in particular, the employment contract, order, instructions, orders, regulations, law. In the case of failure to prove beyond the scope of competence, an acquittal is issued . Art. 286 of the Criminal Code of the Russian Federation is applicable only in case of indisputable and obvious exit of the subject's actions beyond his competence, professional duties and rights.

The objective part

From this side, exceeding of powers can be expressed in actions that:

1. They are made in case of special circumstances. They must, in turn, be determined by a regulatory act. For example, according to Art. 286 of the Criminal Code of the Russian Federation, the use of weapons in relation to a minor will be qualified if his conduct does not create a real threat to other people.
2. Can not occur under any circumstances.
3. Relate to the competence of another employee (equal in status or superior).
4. They are committed alone, but are only admissible collectively or according to the procedure formulated in the law, upon agreement with other persons or bodies.

With regard to prohibited actions, they can be expressed, for example, by beatings of a detainee or detainee, causing harm to their health.

Explanation of the Plenary Meeting

The court decision noted that when reviewing the materials it should be clarified specifically what documents establish the duties and rights of the suspect. They must be listed in the sentence. In addition, the decision should contain instructions for specific duties and rights beyond which the suspect left, with references to relevant norms (articles, parts, paragraphs).

The subjective part

The motives for committing the crime in question can be completely different. For example, individuals may be driven by self-interest, revenge, careerism. These motives do not matter in the process of qualifying what was done under Art. 286 of the Criminal Code. The actor is special. They are only an official.

The use of violence

This aggravating circumstance for the act, which is formulated in Art. 286 of the Criminal Code. Under the use of violent actions in this case is understood as causing physical harm to the victim. This includes beatings, deliberate, moderate and easy harm to health, torture and so on. Murder or serious damage is additionally qualified art. 105 and art. 111 CC respectively.

Threats

They must be real. This means that the victim must have reason to fear the actual implementation of the threats to the perpetrators. This circumstance is not additionally qualified under Art. 119 of the Criminal Code. The threat of serious harm or murder is covered by the composition of the article in question.

Use of special equipment or weapons

It must be factual. It can be expressed physically in the contact of weapons, special means or their elements with the victim's body, as well as psychologically - with a baton near him or a shot in proximity with the object of the crime, but past. In the latter case, the threat should be perceived as valid. If the suspect only shows weapons or special means, and there is no real danger for the victim, the conduct of the perpetrator, if there are other grounds, can be qualified as a threat of using violence within the framework of the article in question. In order to prosecute, it must be established what exactly the suspect used in violation of the prescribed in the legislation regulations, the limits and conditions of use of these items.

Severe consequences

They are also formulated in part three of the commented article. The definition of serious consequences is considered valuation. It is formulated in accordance with the specific circumstances in which the act was committed. For example, serious consequences include a major accident, a prolonged stoppage of transport, a malfunctioning of the enterprise (production failure), causing death by negligence, committing suicide or attempting the victim, and so on. This category also includes harm to health. Additional qualification in this case under Art. 111 of the Criminal Code is not implemented if liability would be provided under the first or second parts of this article. In other cases, the act is considered in the aggregate. The qualification of the crime, which is provided for in part 3 of Art. 286 of the Criminal Code, qualifies with the addition of part 4 of Art. 111 CC when the guilty party's intent to inflict serious damage to the health of the victim is proved.

Causing death

Additional qualifications under Art. 109 does not require the death of the victim by negligence of a person who has exceeded his official powers. If the act on the commented article was accompanied by the intention to take the life of another person, then it is imputed in the aggregate. In this case, the crime is examined under Part 3 of Art. 286 and art. 105 of the Criminal Code.

An Important Moment

If an official caused a moderate or grave injury to the state of health of the victim or a careless death in the conditions of going beyond the necessary defense or the limits established by law for the measures used in the apprehension of a person, the act is covered by Art. 114 or 108 of the Criminal Code. In this case, it does not qualify additionally for the article in question. This explanation is given in Decree BC No. 19.

Additionally

Substantial infringement of interests or violation of the rights of organizations or citizens are considered valuation concepts. They, like other similar categories, are considered specifically for each case. The composition of the crime is material by its design. The action is considered completed from the moment of occurrence of the consequences provided by the article under review.

Conclusion

In the modern world, cases of exceeding the powers of employees have become, rather, a rarity. In a certain period in Russia, such acts were very common. However, with a tightening of punishment, these cases are rare. The most common of these acts were among law enforcement officers. The limitation period for the case is established in accordance with Art. 78 of the Code and depends on the severity of the consequences. To bring to justice it is necessary to prove the existence of intent. The determination of the purpose and motive of the action does not matter. When qualifying a crime under part 3 of Art. 286 of the Criminal Code should be guided by the Federal Law "On Arms", as well as other normative acts, which list the special funds. For example, this may be a governmental Decree No. 1436. It regulates the procedure and conditions for the use of special means and firearms by employees of private security.