Object of Abuse of Power or Official Position: Criminal and Legal Characteristics

Due to the additional opportunities provided by the authorities and official powers, officials, compared to other subjects of criminal law, have many opportunities for abuse. Thus, by abusing power or official position, officials will commit crimes, inadmissibly violating the rights of other subjects of public relations. Liability for abuse of power or official position, provided by the provisions of the Criminal Code of Ukraine, as well as, accordingly, the composition of this offense, has long been interesting to study.

The doctrine of the object is one of the fundamental, important and at the same time the most complex in the science of criminal law. There is probably no other issue in the theory of criminal law on which there are many different, and in some cases directly opposite positions, as on issues related to the problem of the object of the crime. The concepts that exist today in the science of criminal law contradict each other and are ideological. Numerous amendments to Section XVII of the Special Part of the Criminal Code of Ukraine necessitate an analysis of the generic object of abuse of power or official position.

It found that the generic object of abuse of power or official position is public relations, which provide normal, in accordance with applicable law, the activities of the state apparatus, the administration of local governments, state or municipal enterprises, institutions or organizations, activities related to the implementation of organizational and administrative or administrative and economic functions.

We propose that the specific objects of abuse of power or official position include: public relations regarding the lawful exercise of power by an official; public relations regarding the lawful exercise of powers by an official at state or communal enterprises, institutions or organizations; public relations regarding the lawful exercise of powers by an official with the performance of organizational-administrative or administrative-economic functions.

With regard to the direct object of the offense under investigation, we should distinguish two main direct objects of the crime, namely 1) public relations for the lawful exercise of power by an official, and 2) public relations for the lawful exercise of powers by an official with administrative or administrative -economic functions.