Grave consequences of Article 286. What is abuse of power

1. Commitment by an official of actions that clearly go beyond the scope of his powers and entail a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by forced labor for a term of up to four years, or by arrest. for a term of four to six months, or imprisonment for a term of up to four years.

2. The same act committed by a person holding a public position in the Russian Federation or a public position in a constituent entity of the Russian Federation, as well as the head of a local government body, -

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

3. Acts provided for in parts one or two of this article, if they are committed:

• a) with the use of violence or the threat of its use;
• b) using weapons or special means;
• c) causing grave consequences, -

shall be punishable by imprisonment for a term of three to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Comments on Article 286 of the Criminal Code of the Russian Federation

The main object of the crime is normal, i.e. carried out in accordance with the law, the activities of the state (municipal) apparatus of power and management. An additional object may be the constitutional rights and freedoms of man and citizen, their health, honor and dignity, and the interests of society and the state protected by law.

The objective side of a crime is characterized by the presence of three mandatory features:

1) act - the commission by an official of actions that clearly go beyond the scope of his powers;

2) a consequence in the form of a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society and the state;

3) a cause-and-effect relationship between the action and the resulting consequence.

When deciding whether an official has committed actions that clearly exceed the limits of his authority, it is necessary first to determine these limits, i.e. establish the scope of rights and obligations granted to a person, i.e. his job competence, which is enshrined in various regulatory legal and other acts (law, regulation, order, job description, order, employment contract, etc.). In paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 No. 19 “On judicial practice in cases of abuse of official powers and abuse of official powers” ​​in this regard, it is noted that when considering a criminal case on the abuse of official powers by a person, it is necessary to find out , which normative legal acts, as well as other documents, establish the rights and obligations of this official, citing them in the sentence and indicating which of these rights and obligations he is accused of exceeding, with reference to specific norms (article, part, paragraph) .

Explicit (i.e. obvious, significant, gross) departure of a person’s actions beyond the limits of the granted authority is an evaluative concept and is established in relation to the specific circumstances of the case. Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 No. 19 “On judicial practice in cases of abuse of official powers and abuse of official powers” ​​includes cases of a person exceeding his official powers when he performs actions in the performance of official duties that:

Relate to the powers of another official (superior or equal in status);

Can be committed only in the presence of special circumstances specified in the law or regulations (for example, the use of weapons against a minor, if his actions did not create a real danger to the lives of other persons);

Committed by an official alone, but can only be carried out collectively or in accordance with the procedure established by law, in agreement with another official or body;

No one has the right to do this under any circumstances.

In the latter case, abuse of power may be expressed, for example, in beating detained or imprisoned persons, causing harm to their health.

Excess of official authority occurs only in the case when the illegal actions committed by a person are related to the performance of his official activities, when in relations with injured persons the perpetrator acts precisely as an official (official), but not a private person. In other cases, a person may be held liable under other articles of the Criminal Code of the Russian Federation, but not for malfeasance. For example, a police officer who illegally used the weapon entrusted to him in a conflict that arose on the basis of personal hostile relationships, without any connection with his official duties, bears criminal liability as a private individual. Exceeding authority can be committed by an official both in the exercise of power and in the exercise of administrative, economic or organizational functions.

A significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society and the state is an evaluative concept; it was considered in relation to Art. 285 of the Criminal Code of the Russian Federation. By its design, the corpus delicti is material. The crime is considered completed from the moment of occurrence of the provisions specified in Art. 286 of the Criminal Code of the Russian Federation consequences.

The subjective side of the crime is characterized by guilt in the form of direct or indirect intent. The guilty person realizes that he is committing actions that clearly go beyond the powers granted to him, foresees the onset of consequences in the form of a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society and the state, and desires the occurrence of these consequences (direct intent) , consciously allows or is indifferent to their occurrence (indirect intent). Based on the disposition of Art. 286 of the Criminal Code of the Russian Federation, to qualify the act as abuse of power, the motive of the crime does not matter.

The subject of the crime is a special one - an official.

It should be noted that the rule on liability for abuse of power is special in relation to the rule on the abuse by a person of his official powers, since it represents a special case of such abuse. The difference is that in case of abuse of official powers, a person illegally, contrary to the interests of the service, uses the rights and powers granted to him by law, and if exceeded, commits actions that clearly go beyond the limits of his official competence. If abuse of power constitutes a special crime, then liability in accordance with the rule of Part 3 of Art. 17 of the Criminal Code of the Russian Federation occurs only according to a special norm. Thus, the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, having considered the case of convicting a person under clauses “a”, “b”, part 3 of Art. 286 and according to Part 2 of Art. 302 of the Criminal Code of the Russian Federation, excluded the general norm from the verdict (clauses “a”, “b”, part 3 of Article 286 of the Criminal Code of the Russian Federation), indicating that if an official exceeded his powers was expressed in coercion to testify, combined with the use of violence, bullying or torture, the act must be qualified only under Part 2 of Art. 302 of the Criminal Code of the Russian Federation, since one action provided for by the general norm (Article 286 of the Criminal Code of the Russian Federation) and the special norm (Article 302 of the Criminal Code of the Russian Federation) cannot form a set of crimes. Special in relation to Art. 286 of the Criminal Code of the Russian Federation also includes such crimes as Part 2 of Art. 136, part 2 art. 137, part 2 art. 138, part 3 art. 139, paragraph "b" part 2 of Art. 141, part 2 art. 144, art. Art. 299 - 302, art. 305 of the Criminal Code of the Russian Federation, etc. But also Art. 286 of the Criminal Code of the Russian Federation in a number of cases is a special norm in relation to norms of a general nature. For example, the Presidium of the Supreme Court of the Russian Federation excluded from the verdict the indication of convicting a person under clauses “g”, “g”, part 2 of Art. 127 of the Criminal Code of the Russian Federation, since responsibility for the unlawful deprivation of a person’s freedom committed by an official is established by clauses “a”, “b”, part 3 of Art. 286 of the Criminal Code of the Russian Federation and additional qualifications under Art. 127 of the Criminal Code of the Russian Federation is not required.

Bulletin of the Supreme Court of the Russian Federation. 2001. N 7. P. 15.

Part 2 Art. 286 of the Criminal Code of the Russian Federation (qualified corpus delicti) provides for stricter liability for the same act committed by a person holding a public position of the Russian Federation or a public position of a subject of the Russian Federation, as well as the head of a local government body (see commentary to the notes to Article 285 of the Criminal Code of the Russian Federation).

Part 3 Art. 286 of the Criminal Code of the Russian Federation contains especially qualified elements of crime, namely:

P. "a": committing an act provided for in Part 1 or 2 of Art. 286 of the Criminal Code of the Russian Federation, with the use of violence or the threat of its use. The use of violence should be understood as causing physical harm to the victim. The elements of the crime include battery, intentional infliction of light and moderate harm to health, and torture.

Intentional infliction of grievous bodily harm and murder of a person are additionally qualified under Art. Art. 111 or 105 of the Criminal Code of the Russian Federation. Threat of violence refers to the threat of physical harm. Such a threat must be real, i.e. the victim must have reason to fear its actual implementation. The threat of murder or infliction of grievous bodily harm is covered by the composition in question, and additional qualifications under Art. 119 of the Criminal Code of the Russian Federation is not required;

P. "b": committing an act provided for in Part 1 or 2 of Art. 286 of the Criminal Code of the Russian Federation, with the use of weapons or special means - this is the actual use by an official of weapons or special means for physical (shot, blow with the butt of a machine gun, etc.) or mental (blow with a rubber baton next to the victim’s hand, shot in close proximity, but past the victim, and otherwise, if the threat of using a weapon is perceived by the victim as real) impact on the victim.

To impute the qualifying characteristic in question, it is also necessary to establish that weapons and special means were used by an official in violation of the grounds, conditions and limits of their use determined by law. When defining the concept of “weapon”, one should be guided by the Federal Law of December 13, 1996 N 150-FZ “On Weapons”. The list of special means is established by various regulatory legal acts (for example, Decree of the Government of the Russian Federation of December 30, 1999 N 1436 “On special means and firearms used by departmental security”, Decree of the Government of the Russian Federation of June 24, 1998 N 634 “On approval of the List special means in service with the bodies and troops of the Federal Border Service of the Russian Federation", by Decree of the Government of the Russian Federation of December 30, 1998 N 1584 "On approval of the List of combat hand-held small arms and other weapons, ammunition and cartridges for it, as well as special means consisting in service with the Federal Bailiff Service"). Special means include: rubber truncheons, handcuffs, tear gas, light and sound distraction devices, means of destroying barriers, means of forcibly stopping transport, water cannons and armored vehicles, service dogs, electroshock devices and other means used by internal affairs bodies, internal troops, federal state security bodies, bodies of the Federal Security Service, bodies of the penal system, etc. Special technical means used in operational investigative activities, including technical means intended for secretly obtaining information, are not classified as special means. In relation to clause "b" of Part 3 of Art. 286 of the Criminal Code of the Russian Federation, special means include only those devices and devices that, like weapons, can cause harm to the life or health of people, as well as objects of the material world and the environment;

See, for example: art. Art. 18 - 23 of the Federal Law of February 7, 2011 N 3-FZ "On the Police" // SZ RF. 2011. N 7. Art. 900; Art. Art. 43 - 47 of the Federal Law of July 15, 1995 N 103-FZ “On the detention of suspects and accused of committing crimes” // SZ RF. 1995. N 29. Art. 2759; Art. Art. 25 - 30 of the Federal Law of February 6, 1997 N 27-FZ “On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation” // SZ RF. 1997. N 6. Art. 711; Art. 14 of the Federal Law of April 3, 1995 N 40-FZ “On the Federal Security Service” // SZ RF. 1995. N 15. Art. 1269.

NW RF. 1996. N 51. Art. 5681.

NW RF. 2000. N 2. Art. 221.

NW RF. 1998. N 26. Art. 3085.

NW RF. 1999. N 2. Art. 296.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated March 5, 2007 N 9-O07-9SS // Bulletin of the Supreme Court of the Russian Federation. 2008. N 1.

P. "c": acts provided for in Part 1 or 2 of Art. 286 of the Criminal Code of the Russian Federation, causing grave consequences. The concept of grave consequences is evaluative and is established taking into account the specific circumstances of the criminal case. In paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 No. 19 “On judicial practice in cases of abuse of power and exceeding official powers”, it is recommended to classify as serious consequences such as: major accidents, long-term stoppages of transport or production process, other disruption of the organization’s activities, causing significant material damage, causing death by negligence, suicide or attempted suicide of the victim, etc. .

Determination of the Supreme Court of the Russian Federation of August 30, 2002 N 44-O02-98 // Bulletin of the Supreme Court of the Russian Federation. 2003. N 8. P. 10, 11.

Serious consequences should also include causing serious harm to human health. At the same time, additional qualifications under Art. 111 of the Criminal Code of the Russian Federation is not required if liability for the harm caused would be qualified under Part 1 or 2 of Art. 111 of the Criminal Code of the Russian Federation. In other cases, additional qualification of the act is necessary. A criminal act under Part 3 of Art. 286 of the Criminal Code of the Russian Federation, qualified in conjunction with Part 4 of Art. 111 of the Criminal Code of the Russian Federation only if the intent to cause grievous harm to the health of the victim is proven.

Does not require additional qualifications under Art. 109 of the Criminal Code of the Russian Federation causing death to the victim through negligence. If abuse of power was associated with murder, the act should be classified as a set of crimes under Part 3 of Art. 286 of the Criminal Code of the Russian Federation and the corresponding part of Art. 105 of the Criminal Code of the Russian Federation.

In cases where an official causes harm to the health of a victim of moderate or serious severity, as well as in cases where the death of the victim is caused, but this harm was caused in conditions of exceeding the limits of necessary defense or measures necessary to detain the person who committed the crime, the act is covered according to Art. . Art. 108 or 114 of the Criminal Code of the Russian Federation and additional qualifications under Art. 286 of the Criminal Code of the Russian Federation is not required.

Today we will be presented with Art. 228 of the Criminal Code of the Russian Federation. It provides for penalties for exceeding so-called official powers. This kind of violation of the law occurs frequently in Russia. But not everyone talks about it. After all, it is tacitly accepted that power gives certain privileges to certain individuals. And therefore there is no point in complaining - it will only get worse. In fact, if you cover for the offender, it may be considered complicity. So what is required by law (Article 286) for exceeding official powers?

Fining

It’s difficult to give specifics here. Exactly the same as in most cases. The point is that each violation in Russia is considered individually. So the Criminal Code will only help to rely on certain penalties in a given case.

What happens, according to Art. 286? For exceeding official authority, an employee is subject to a monetary penalty. In other words, a fine. Its size can be fixed and amount to up to 80 thousand rubles. Or it is determined based on the income of the culprit for a specified period. For example, they are summed up for the last few months - a maximum of 6. Whether it is wages or any other income does not matter.

In principle, when we are not talking about high-ranking officials, then this measure, which has legal grounds, in Art. 286 of the Criminal Code of the Russian Federation is present. And it is used very often in practice. However, Part 1 of the article also contains some other penalties for the described act. Which ones exactly? What should you be afraid of if you begin to exceed your official authority?

About freedom

For example, a person faces any form of imprisonment. This could be imprisonment or arrest. It all depends on the degree of violation committed, as well as the position you occupy. Art. 286 part 1 indicates that the maximum term of imprisonment can last up to 48 months. But the arrest is much less important. Just six months.

Please note that arrest can be imposed for a shorter period. But not less than 4 months. Such clarifications are available in Art. 286 of the Criminal Code of the Russian Federation. But there are no special minimum restrictions for deprivation of liberty. Practice shows that very often the offender faces a prison sentence of 2 years. In the absence of other violations, of course. Otherwise, the punishment may be increased to any extent. In fact, abuse of power, according to your position, in its so-called pure form occurs quite often. But the combination of several offenses with Article 286 is a rather rare occurrence.

Activity

The punishments don't end there. With a high degree of probability for exceeding official powers, if we rely on Art. 286 of the Criminal Code of the Russian Federation, the violator will be deprived of his position. And on top of that, they will also be prohibited from holding certain positions for the “nth” period. Conducting activities in one direction or another will also be prohibited. Only the court decides which areas the punishment will affect. In practice, we can say that the violator will most likely be prohibited from conducting political, economic and legal activities, and will also not be given the right to occupy high-ranking or simply leadership positions.

For how long do the restrictions apply? Here, too, the final decision is made only by the judicial authorities. According to the data specified in Art. 286 “Exceeding official powers”, you can count on a maximum of 5 years. These are the norms established by Russian legislation. In fact, for abuse of power, they try to assign the longest period of prohibition from conducting activities in a certain area, as well as the opportunity to occupy specific positions.

Civil servants

In Part 2 of Art. 286 indicates the punishment for the offense committed in cases where it was carried out by a civil servant or a person heading a subject of the Russian Federation (and people “standing” in a number of local government bodies). In this situation, more serious measures will be implemented.

Fines have not lost their relevance. Their size has simply increased. Based on Art. 286 of the Criminal Code of the Russian Federation, abuse of official powers by a civil servant is punishable by a fine in the amount of up to 300 thousand rubles or in an amount expressed by any other income of the defendant for a period of no more than 2 years.

In this case, you should pay attention to the “minimums”. They are very real. For example, if a fixed amount is assigned, and not the income of the offender, then the minimum payment will be 100 thousand rubles. In the case of wages, for example, the fine is collected for a minimum of 1 year. Such restrictions are established at the legislative level. Under certain circumstances, they can increase. This happens extremely rarely.

Jail

In addition to the well-known penalty in the form of a fine when a high-ranking official uses official powers for other purposes, it is worth paying attention to the fact that it is not always possible to “pay off”. In some cases, special sanctions are applied to the violator.

What are we talking about? About imprisonment with a small “addition”. In contrast to the usual excess of powers available to a person due to service and labor, if high-ranking officials participate in a crime, the court has the full right to imprison the culprit for 7 years. Or for a shorter period.

And in addition to this, a ban on conducting activities is also imposed and a taboo is imposed on the ability to occupy certain positions. The term of such punishment can be up to 36 months. But in Art. 286 states that this kind of restriction may not be imposed. Although in practice this measure is actively used.

Violence and threats

It is even more difficult to make a decision when the abuse of power was carried out with violence or threats, as well as with the use of weapons. In Part 3 of Art. 286 of the Criminal Code of the Russian Federation specifies punishments in this kind of situation. Nevertheless, the picture here is almost clear. The offender faces imprisonment for some period. It varies depending on the complexity of the case. The limits are set in the following time range: from 3 to 10 years. It turns out that the minimum sentence for the use of violence or threats, which is accompanied by abuse of authority characteristic of a particular position, will be 36 months. The culprit is entitled to a maximum sentence of 120 months.

Also, but without fail, restrictions are imposed on the conduct of certain activities. This also applies to positions held. Acts provided for in parts 1 and 2 of Art. 286, if threats or use of violence (weapons) were recorded, imply punishment with imprisonment and restrictions on activities for a period of no more than three years.

Serious harm

What to do if, as a result of exceeding official authority, someone was seriously harmed? In this situation, the punishments are already known. In fact, they are the same as in the previous case. That is, the culprit faces imprisonment for 3-10 years and restrictions on activities and work for a maximum of 3 years. Or without it.

True, most often when grievous harm is caused, the court will make a harsher decision against the accused. Indeed, in such a situation, as a rule, several violations occur at once. Not only in relation to Article 286 of the Criminal Code of the Russian Federation. Therefore, you should not hope that you will get off easily and simply. Rest assured, if all offenses can be proven, the punishment will be imposed in the harshest form.

The Criminal Code of Ukraine provides for the following types of liability for those responsible for road accidents.

Article 286. Violation of road safety rules by a person driving a vehicle

Violation of road safety rules or the operation of transport by a person driving a vehicle, resulting in moderate bodily injury to the victim -

shall be punishable by a fine of two hundred to five hundred tax-free minimum incomes of citizens, or correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of freedom for a term of up to three years, with or without deprivation of the right to drive vehicles for a term of up to three years.

1. The same acts that resulted in the death of the victim or caused serious bodily injury -

shall be punishable by imprisonment for a term of three to eight years with or without deprivation of the right to drive vehicles for a term of up to three years.

1. Acts provided for in part one of this article, if they resulted in the death of several persons, -

shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to drive vehicles for a term of up to three years.

Thus, the minimum type and amount of punishment under Part 1 of Article 286 of the Criminal Code of Ukraine for causing moderate bodily injury is a fine from two hundred to five hundred non-taxable minimum income, that is, from UAH 3,400.00. up to 8,500.00 UAH).

At the same time, under Part 1 of Article 286 of the Criminal Code of Ukraine, the court can also impose restriction of freedom for a period of up to three years. At the same time, most often the court releases the convicted person from serving a sentence with probation - establishing a probationary period of one to three years (Article 75 of the Criminal Code of Ukraine).

According to Part 2 of Article 286 of the Criminal Code of Ukraine, the court must impose a sentence of imprisonment for a term of three to eight years. At the same time, similarly, the court can release the convicted person from serving a sentence with probation - establishing a probationary period of one to three years (Article 75 of the Criminal Code of Ukraine).

According to Part 3 of Article 286 of the Criminal Code of Ukraine, the court must impose a sentence of imprisonment for a term of five to ten years. Moreover, if a sentence of no more than five years of imprisonment is imposed, then the court may release the convicted person from serving the sentence with probation - establishing a probationary period of one to three years (Article 75 of the Criminal Code of Ukraine).

It should be noted that when assigning punishment, the victim’s opinion regarding the type and amount of punishment that must be imposed on the culprit of the accident is essential.

If the material and moral damage to the victim is fully compensated, then the court may impose the minimum punishment provided for in the relevant part of Article 286 of the Criminal Code of Ukraine, and under Part 1 it may generally exempt from criminal liability

As a rule, in this category of criminal proceedings, courts apply deprivation of the right to drive vehicles as an additional punishment, but this issue is resolved in each specific case.

I would like to draw your attention to the fact that this article contains only general information about criminal liability for road accidents (Article 286 of the Criminal Code of Ukraine), therefore, in each specific case, I recommend using the services of a lawyer to obtain the minimum punishment.

“Call us and we will always come to an agreement!”

Other articles in the section:

Exceeding official powers (Article 286 of the Criminal Code of the Russian Federation). Exceeding official powers is defined as the commission by an official of actions that clearly go beyond the scope of his powers and entail a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state. In 2002, 5.4 thousand crimes were registered under Art. 286 of the Criminal Code of the Russian Federation.

Basic an object abuse of power is no different from the object of a crime

assaults due to abuse of official powers. Additional objects of this crime may be health, freedom, honor and dignity of the individual, constitutional rights and freedoms of man and citizen and other values.

The scope of the rights and powers of government representatives and other government and

municipal bodies and institutions are determined by their official competence, which is enshrined in various regulations (laws, charters, regulations, instructions, orders). Therefore, in order to establish that an official has committed actions that clearly go beyond the scope of his powers, it is necessary to find out exactly what legal act they are regulated by and what specific provisions of this act were violated.

In judicial practice, the most typical cases of abuse of power are

the following are recognized:

1) commission by an official of actions that relate to the powers of another official;

2) the commission by an official of actions that could have been committed by him only in the presence of special circumstances specified in the law;

3) the commission by an official of actions that no one has the right to commit under any circumstances.

Apart from an act that clearly goes beyond the rights and powers granted by law

to an official, the obligatory signs of the objective side of abuse of power or official authority is the occurrence of consequences in the form of a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state, as well as a causal relationship between actions and consequences.

The consequences of criminal abuse of power are most often expressed in causing physical harm to an individual, violation of the constitutional rights and freedoms of citizens, but it can also be associated with causing property damage to citizens and legal entities and other significant violations of the interests of society and the state.

Responsibility for exceeding official authority arises only when

the official had any powers in relation to the injured individual or organization, the rights and interests of which were significantly violated by the actions of this official.

Subjective side abuse of power is characterized by guilt in the form of direct or indirect intent (specified or unspecified). At the same time, the official is aware that he is committing actions that clearly (i.e., indisputably, obviously) for him go beyond the limits of his powers, foresees consequences in the form of a significant violation of the rights and legitimate interests of citizens, organizations, society or the state, desires the occurrence of these consequences or consciously allows them or is indifferent to them.

The motives and purposes of committing a crime can be anything (revenge, careerism, other personal

motives, self-interest, falsely understood “interests of the case,” etc.) and have no significance for qualification, although they are taken into account when assigning punishment.

Qualified view abuse of power is the commission of this act by a person holding a public position in the Russian Federation or a public position in a constituent entity of the Russian Federation, as well as the head of a local government body (Part 2 of Article 286 of the Criminal Code of the Russian Federation).

Particularly qualified type abuse of power or official authority (Part 3 of Article 286 of the Criminal Code of the Russian Federation), the law considers the act provided for in Part 1 or 2 of this article, if it was accompanied by violence or the threat of its use, the use of weapons or special means, causing grave consequences.

Each of the above circumstances is sufficient for qualification under Part 3, although they are often present simultaneously.

The very fact of an official committing illegal actions with violence or the threat of it

use, use of weapons or special means is a gross infringement against the legally protected rights of citizens, the interests of society or the state and is considered as a significant violation of them, regardless of the occurrence of any other harmful consequences.

Violence in excess of official authority can be expressed in an official beating the victim, causing harm to health of any severity, torture, deprivation of his life, or illegal imprisonment. The threat of violence when exceeding official authority is a threat to commit the above actions.

Qualification under Part 3 of Art. 286 of the Criminal Code of the Russian Federation covers infliction of any harm to the victim’s health, except for cases of serious harm to health provided for in Parts 3 and 4 of Art. 111 of the Criminal Code of the Russian Federation, as well as murder.

In the latter cases, the actions of the guilty official must be qualified according to the totality of Part 3 of Art. 286 and parts 3, 4 art. 111 or 105 of the Criminal Code of the Russian Federation.

Murder and infliction of grievous or moderate harm to health, committed by a representative of the authorities or other official when exceeding the limits of necessary defense or when exceeding the measures necessary to detain the person who committed the crime, are qualified only under Art. 108 or 114 of the Criminal Code of the Russian Federation. This decision follows from the provisions of Art. 37 of the Criminal Code of the Russian Federation, which states that all persons have the right to necessary defense equally, regardless of their professional or other special training and official position.

The use of weapons or special means as a qualifying circumstance of excess

official authority occurs in cases where the case has established the actual use of the damaging properties of these objects for physical influence on the victim by causing death or harm to health, as well as for mental influence by threatening to cause such harm, if the victim had reason to believe that his there was a real danger to life and health, and in addition there was a real danger to his life or health.

The official responsible for exceeding his authority with the use of weapons is

who, when exceeding his powers, used weapons of any purpose (combat, service, civilian, including gas self-defense weapons, sports or hunting weapons) or special means. Special means include: rubber sticks, handcuffs, tear gas, water cannons and armored vehicles, means of destroying barriers, service dogs, etc., which are in service with the police, internal troops, federal state security agencies, federal security service agencies, etc. .

If official authority is exceeded, accompanied by the use of weapons or special means, it is necessary that they be used in violation of the established grounds and procedure for their use. The conditions and limits for the use of firearms or special means are defined in the Federal Laws “On the Police”, “On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation”, “On State Security”, “On Bodies of the Federal Security Service”, etc.

The grave consequences of exceeding official powers are generally understood to be the same as grave

consequences of abuse of power. In this case, they are caused with direct or indirect intent. There may, however, be cases where the guilt of an official who has exceeded his authority in relation to the qualifying grave consequences is careless.

The act refers to crimes of medium gravity, and in the presence of qualifying circumstances - to serious crimes.