Officials are vested with certain powers. And if they commit criminal acts (malfeasance) using their official position for their own, including selfish, purposes, then this causes significant damage to citizens, society, and the state. Therefore, the legislator combined such acts into a separate chapter of the Criminal Code. In this article we will talk about the responsibility provided for in Art. 285-293 of the Criminal Code of the Russian Federation.
What are malfeasance
Official crimes are illegal acts (actions or inactions) of officials that cause significant harm to state and public interests.
These crimes have common features:
- they are committed by government officials and state or municipal employees using their position;
- they encroach on the legal, fair implementation of state and municipal services;
- victims can be any citizens who have suffered material, moral or physical harm due to the illegal actions of an employee.
Crimes in this category are subject to thorough investigation and invariably attract the attention of the media, social networks, and the public.
The general (generic) object of such crimes is the normal functioning of state power, the implementation of public service. These crimes violate this order.
Types of malfeasance
This category of acts is allocated a special chapter of the Criminal Code of the Russian Federation (Chapter 30):
Article 285. Abuse of official powers
Article 285.1. Misuse of budget funds
Article 285.2 . Misuse of state extra-budgetary funds
Article 285.3. Entering knowingly false information into the unified state registers
Article 285.4. Abuse of official powers in the implementation of state defense orders
Article 286. Exceeding official powers
Article 286.1. Failure of an employee of an internal affairs body to comply with an order
Article 287. Refusal to provide information to the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation
Article 288. Assignment of powers of an official
Article 289. Illegal participation in business activities
Article 290. Receiving a bribe
Article 291. Giving a bribe
Article 291.1. Mediation in bribery
Article 291.2. Petty bribery
Article 292. Official forgery
Article 292.1. Illegal issuance of a passport of a citizen of the Russian Federation, as well as the entry of knowingly false information into documents, resulting in the illegal acquisition of citizenship of the Russian Federation
Article 293 . Negligence
Which of these crimes are most common? The most common of them include:
- abuse of official powers (Article 285 of the Criminal Code of the Russian Federation);
- inappropriate spending of budget funds (Article 285.1 of the Criminal Code of the Russian Federation);
- abuse of power (Article 286 of the Criminal Code of the Russian Federation);
- receiving a bribe (Article 290 of the Criminal Code of the Russian Federation);
- giving a bribe (Article 291 of the Criminal Code of the Russian Federation);
- official forgery (Article 292 of the Criminal Code of the Russian Federation);
- negligence (Article 293 of the Criminal Code of the Russian Federation).
Let's look at some of them in more detail.
Help in case of violation
In cases where an official does not have a selfish motive or personal interest, abuse of official powers can be reclassified as a disciplinary offense .
A prerequisite for such actions is an insignificant violation of the rights and interests of citizens or organizations protected by law.
The current law of the Russian Federation is multifaceted, therefore one incorrect interpretation and a slight abuse of official authority goes to the part of abuse of official authority.
To understand exactly your violations and the extent of the deserved punishment, it is recommended to seek qualified help from a professional criminal lawyer.
Such a step could give the accused the opportunity to receive the minimum punishment provided for by law. They will help you organize the consideration of the case, taking into account all the circumstances, as well as correctly identify the damage caused.
Abuse of official powers (Article 285 of the Criminal Code)
This crime is associated with the use by a citizen of his powers contrary to the goals of his official activities with a selfish motive, which leads to harm to citizens, companies and the state.
For the crime to end, dangerous consequences must occur.
For example, a person issues a driver’s license to a person who has not passed the test, or puts a citizen in line for preferential housing without grounds.
An important sign of such an act is the presence of selfish or other personal interest.
As explained by the Supreme Court of the Russian Federation, in Resolution No. 19 of October 16, 2009, selfish interest is the intention to obtain property benefits that are not related to the gratuitous acquisition of property (illegal receipt of benefits, exemption from debt repayment, taxes, etc.). Another personal interest is associated with the desire to obtain a non-property benefit (mutual favor, support in resolving an issue, etc.).
More details about the act under Art. 285 of the Criminal Code of the Russian Federation, read the article.
Exceeding official powers (Article 286 of the Criminal Code of the Russian Federation)
This crime represents the actions of a citizen that clearly go beyond the scope of his job regulations and relate to the powers of another employee; he performs actions that go beyond his capabilities and rights.
From the objective side, an act can be expressed in the commission of actions that:
- relate to the powers of another employee;
- can only be carried out if appropriate conditions exist (for example, the use of weapons);
- are made individually, although decisions should be made jointly;
- should never be committed (beatings, torture).
Commentary to Art. 286 Criminal Code
1. The objective side is characterized by three mandatory features.
An act represents actions that clearly go beyond the authority of an official (committing a crime through inaction is impossible).
There are four typical forms of abuse of power:
actions relate to the powers of another official (superior or equal in status);
actions can be performed only in the presence of special circumstances specified in the law or regulation;
actions are performed 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 under any circumstances has the right to perform such actions (see paragraph 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 16, 2009 No. 19).
2. The crime is completed from the moment the consequences occur 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; in addition, it is necessary to establish a causal connection between the act and the consequences that occurred. In the absence of consequences, the act usually constitutes a disciplinary offense or an administrative offense.
3. The subjective side is characterized by direct intent, in contrast to Art. 285 of the Criminal Code, motives do not matter for the qualification of a crime. At the same time, the person must be aware that he is committing actions that clearly go beyond his authority.
4. Special subject: official.
5. The signs of a qualified staff (Part 2) coincide with similar signs in Art. 285 CC; the signs of a particularly qualified composition (part 3) are disclosed in paragraphs 20 - 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 16, 2009 No. 19.
Assignment of powers of another person (Article 288 of the Criminal Code of the Russian Federation)
The objective side of the crime is the misappropriation by a civil servant or municipal employee who is not an official.
For example, a person conducts an inspection, although he is not vested with such a right.
To recognize the presence of a crime, grave consequences must occur, otherwise such an act will only be qualified as a disciplinary offense.
Misuse of budget funds (Article 285.1 of the Criminal Code of the Russian Federation)
The subject of such a crime is budgetary funds. The objective side is expressed in the expenditure of budget funds for purposes that do not meet the conditions for receiving these budget funds, committed on a large scale (over 1 million 500 rubles).
The corpus delicti is formal. The crime is completed from the moment budget funds are directed to purposes not provided for by the relevant document - from the moment they are written off from the personal account of the budget institution.
What offenses are included in the criminal act provided for in Article 285 of the Criminal Code of the Russian Federation?
Article 285 of the Criminal Code of the Russian Federation provides for several elements of the criminal offense of “abuse of official powers”.
The main offense includes an offense committed for personal reasons in order to obtain benefits contrary to the interests of the service (Part 1 of Article 285 of the Criminal Code of the Russian Federation).
If a crime is committed by a citizen who is an official of a federal authority, an authority of a constituent entity of the Russian Federation or the head of a municipal entity, then the offense is qualified under Part 2 of Article 285 of the Criminal Code of the Russian Federation and is subject to a more severe punishment.
The third element includes a criminal act in the form of abuse of official powers, resulting in grave consequences (Part 3 of Article 285 of the Criminal Code of the Russian Federation).
To choose an effective method of protection from criminal liability for abuse of official status, we recommend contacting the lawyers of the SKP company. We will help determine whether the offense committed has the characteristics of a crime and whether harm has been caused to other persons.
Receiving a bribe (Article 290 of the Criminal Code of the Russian Federation)
Taking a bribe is one of the most dangerous crimes against the interests of the service. A bribe can be in the form of money, securities, other property, as well as in the form of property services (renovation of an apartment, construction of a summer house) and property rights (right to use property, right of economic management, operational management, easement, etc.).
In return, the official:
- performs actions (inactions) within his official powers in favor of the bribe-giver or persons represented by him;
- contributes, by virtue of his position, to the commission of these actions (inaction);
- patronizes at work;
- commits illegal actions (inactions).
Official forgery (Article 292 of the Criminal Code of the Russian Federation)
The objective side consists of performing one of the following actions:
- entering deliberately false information into an official document;
- making corrections to an official document that distort its actual content.
Official forgery occurs only in the case when the introduction of knowingly false information and corrections into a document is related to the official functions of the guilty person, that is, it is carried out precisely in connection with the performance of his official duties.
These actions are committed for personal gain. Not only officials, but also other employees working in state or municipal organizations are held accountable for such a crime.
The composition is considered completed at the moment when the direct forgery is carried out (formal composition).
Negligence (Article 293 of the Criminal Code of the Russian Federation)
The objective side is the failure or improper performance by an official of his official duties.
The main condition for the existence of a crime is the existence of an objective opportunity to perform the specified actions.
Qualifying features:
- causing damage on an especially large scale (exceeds 7 million 500 thousand rubles),
- caused by negligence the infliction of serious harm to health or death of a person.
Subject of the crime
The subjects of such crimes are officials, that is, employees vested with certain powers.
Within the framework of Chapter 30 of the Criminal Code of the Russian Federation, the following are recognized as officials:
- representatives of the authorities;
- employees with organizational and administrative powers;
- employees of administrative and economic structures.
The accused must work for a government agency, municipality, state or local government agency (such as social security, health care, or education), state-owned companies, or joint stock companies. This category also includes military personnel.
The main motives and reasons contributing to the commission of malfeasance are:
- The desire for illegal enrichment.
- Perception of public service as a source of improvement of one’s financial situation.
- Elimination of competitors.
Who is held accountable for abuse of power?
In order to impose sanctions on a citizen under Article 285 of the Criminal Code of the Russian Federation, he must reach 18 years of age and have the direct intent to obtain personal gain.
The following may appear in the dock:
- representatives of state authorities and municipalities;
- employees with organizational and administrative powers;
- employees engaged in administrative and economic activities in a government agency;
- employees of state unitary enterprises, municipal unitary enterprises, commercial companies.
If you do not fall into one of these categories of persons, but you are charged with abuse of official status, you should immediately seek help from our lawyers. We will help you prove that you are not the subject of a crime.
Punishment for malfeasance
For committing this act, sanctions are provided in the form of:
- fines of various sizes;
- deprivation of the right to hold a position for a certain period/engage in a specific type of activity;
- forced labor;
- arrest;
- imprisonment.
The punishment is imposed taking into account:
- the public danger of the crime;
- personal motives of the person;
- the goals he pursued;
- the nature and severity of the harm caused;
- duration of the crime;
- characteristics of the defendant's personality.
Criminal liability
Abuse of official position of the Criminal Code of the Russian Federation turns from a simple violation of the norms established by the legislator into a serious crime, which provides for punishment under the Criminal Code, under the following circumstances :
- If the guilty person had the appropriate authority, that is, he could give orders requiring mandatory execution.
- When the violation was directly related to the personal interests of the person. This means that a person used his official position to improve the position of familiar people or for personal enrichment.
- If the powers were not used in the interests of the purpose for which the person was endowed with them. According to the relevant regulations and laws, it is always possible to determine the interests for which a person received powers, therefore, when using them, it is also possible to determine how correctly they were applied.
Almost everyone has the temptation to improve their living conditions with the help of vested power, as long as the state apparatus exists.
However, it is absolutely impossible to put up with this , therefore, to combat such unfavorable practices there is a corresponding article in the criminal law. The application of punishment in practice has shown that it significantly helps to curb corruption.
Criminal liability for abuse of power in 2022 is considered extremely rarely.
In case of violation of his official powers, as a result of which significant harm was caused, the official may be punished by imprisonment for up to ten years with absolute deprivation of the right to hold various positions or engage in certain activities for up to three years.
