CRIMINAL-LEGAL DESCRIPTION OF ABUSE OF POWER BY NATIONAL POLICE OFFICERS.

Abstract

Crimes, constituting official criminality, have three common signs: 1) belonging of the person who commits them to officials; 2) crimes are committed in the field of official activities; 3) the use by an official of his/her official powers during crime commitment. Thus crime commitment by an official in everyday life, general criminal crimes are not covered with the category «criminality in the field of official activities». Crimes in law-enforcement as specific kind (element) of official crimes causes: а) the disfunction of legal subsystem of the society, so criminal abuses in justice, criminal and administrative proceedings, jurisdiction discredit the ability of the government to realize on the proper level the coercion for non-execution (violation) of the legal rule. The letter is considered to be selective, it doesn’t ensure guarantees of protection of rights, freedoms and legal interests, causes legal nihilism and mistrust for public authorities; d) the self-determination of crime through mostly declarative character of the principle of inevitability of punishment; в) the aggravation of social tension, political instability. There are two parties in abuses of power: one is the National police officer; the other is the person, who is concerned in making (non-making) of a decision. The main linking element is the parties’ common interest. It’s grounded on the double participants’ desire to use each other’s possibilities to obtain benefit by both parties, so the mutual satisfaction of mercenary interests. It’s necessary to note, that legal rules influence the social behavior conservatively, so in turn, illegal official actions, vice versa, are not settled and change under the influence of various factors (reapportion of power and property in the society, ineffectiveness of power, emergence of new political and economic institutions). For this reason the freedom of the will of participants’ illegal relations is displayed in the possibility to satisfy their interests in the scopes of informal, constantly changeable social-professional environment, built in the given period. So the abuse of power or malfeasance by the National police officers has a strongly pronounced social determinative nature.