Article 285. Abuse of official powers

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 office of the Russian Federation or a public office of 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.

• Article 285.4. Abuse of official powers in the implementation of state defense orders
• Article 286.1. Failure of an employee of an internal affairs body to comply with an order

Plenum of the Supreme Court of the Russian Federation under Art. 285 and 286 of the Criminal Code of the Russian Federation

PLENATURE OF THE SUPREME COURT OF RUSSIA?SKOI? FEDERATION

DECISION of October 16, 2009 N 19

ABOUT JUDICIAL? PRACTICE IN CASES OF ABUSE OF OFFICIAL POWERS AND EXCESS OF OFFICIAL POWERS?

In connection with the questions arising from the courts in cases of abuse of official powers and exceeding official powers?, Plenum of the Supreme Court of Russia? Federation, guided by the article? 126 of the Constitution of Russia? Federation, decides:

1. Draw the attention of the courts to the nature of the criminal case? responsibility for crimes against the interests of the state? services to ensure the protection of citizens from corruption and other socially dangerous acts committed by officials in the service. Persons who abuse official powers or exceed their official powers encroach on the activities of state bodies, local governments, state and municipal institutions, state corporations, the Armed Forces of Russia, regulated by regulatory legal acts? Federation, other military forces and military formations? Russia?skoi? Federation, as a result of which the rights and legitimate interests of citizens or organizations are significantly violated? or legally protected interests of society and the state.

2. Courts when considering criminal cases of abuse of power (Article 285 of the Criminal Code of the Russian Federation) and exceeding official powers? (Article 286 of the Criminal Code of the Russian Federation) it is necessary to establish whether the defendant is the subject of these crimes? - an official. In this case, it should be assumed that, in accordance with paragraph 1 of the note? to Article 285 of the Criminal Code of the Russian Federation, officials are recognized as persons who permanently, temporarily or by special authority exercise the functions of a representative of government or perform organizational, administrative, administrative and economic functions in state bodies, local governments, state and municipal institutions, state corporations, as well as in the Armed Forces The forces of Russia? Federation, other troops and military formations of Russia? Federation.

3. Should those performing the functions of a representative of power include persons endowed with the rights and responsibilities to perform the function? legislative, executive? or judicial? authorities, as well as, based on the content of the note to Article 318 of the Criminal Code of the Russian Federation, other persons of law enforcement or regulatory authorities vested in the manner prescribed by law with administrative powers in relation to persons not in their service? dependence, or the right to make decisions binding on citizens, organizations, institutions, regardless of their departmental? affiliations and forms of ownership.

4. By organizational and administrative functions should be understood the powers of an official that are associated with the management of the labor collective of a state body, state or municipal institution (its structural unit) or individual employees subordinate to them, with the formation of personnel and the determination of labor functions? employees, with the organization of the procedure for serving, the application of incentives or rewards, the imposition of disciplinary sanctions? and so on.

Organizational and administrative functions include the powers of persons to make decisions that have legal significance and entail certain legal consequences (for example, to issue a certificate of temporary incapacity for work by a medical worker, to establish by an employee of a medical and social examination institution that a citizen has a disability, to take exams and give grades member of the state examination (certification) commission).

5. How should administrative and economic functions consider the powers of an official to manage and dispose of property and (or) funds on the balance sheet and (or) bank accounts of an organization?, institution?, military units and subdivisions?, as well as to commit other actions (for example, on making decisions? on the calculation of wages, bonuses?, exercising control over the movement of material assets, determining the procedure for their storage, accounting and control over their expenditure).

6. Execution of function? official by special authority means that a person carries out the functions of a representative of the government, performs organizational-managerial or administrative-economic functions assigned to him by law, other regulatory legal act, order or instruction of a superior official or an authorized body or official (for example , functions of a juror). The functions of an official under special authority can be performed for a certain time or once, and can also be combined with the main job.

During temporary performance of a function? an official or when performing them under a special authority, can a person be recognized as an official only during the period of performance of the functions assigned to him?. If a person appointed to a position violates the requirement? or restrictions?, established by law or other regulatory legal acts, to a candidate for this position (for example, in the absence of a diploma of higher professional education, the required work experience, with a criminal record, etc.), for selfish reasons? or others? personal? interest, used official powers contrary to the interests of the service, or committed actions that clearly went beyond the scope of his authority, resulting in a significant violation of the rights and legitimate interests of citizens or an organization? or legally protected interests of society or the state, then such actions should be qualified, respectively, as abuse of official powers or as excess of official powers?

7. In the Russian Armed Forces? Federation, other military forces, military (special) formations and bodies performing functions to ensure the defense and security of the state, officials who permanently, temporarily or by special authority perform organizational, administrative and (or) administrative and economic functions may be superiors by official position and (or) military rank. Chiefs by official position are persons to whom military personnel are subordinate in service. These should include: persons holding relevant military positions according to the state (for example, commander of a squad, company, head of the clothing service of a regiment); persons temporarily performing duties for the relevant? military? positions, as well as temporarily performing the functions of an official under special authority. Are civilian personnel superiors to subordinate military personnel in accordance with their positions? regular? position. Chiefs by military rank are defined in Article 36 of the Internal Affairs Charter? services of the Russian Armed Forces? Federations (in particular, sergeants and foremen are superiors by military rank for soldiers and sailors of only one military unit with them).

8. The subject of a crime, as provided for in Part 1 of Article 285 of the Criminal Code of the Russian Federation and Part 1 of Article 286 of the Criminal Code of the Russian Federation, is a person performing the functions of a representative of the government, performing organizational and administrative and/or administrative functions in a state body, local government body , state and municipal institution, state? corporations, as well as in the Russian Armed Forces? Federation, other military forces and military formations of Russia? Federation and at the same time not holding a Russian government position in these bodies? Federation or public office of the subjects of Russia? Federation.

9. When deciding the issue of the subject of a crime provided for in part 2 of article 285 of the Criminal Code of the Russian Federation or part 2 of article 286 of the Criminal Code of the Russian Federation, should the courts proceed from paragraphs 2 and 3 of the note? to Article 285 of the Criminal Code of the Russian Federation, according to which under persons holding public positions in Russia? Federations, refers to persons holding public positions established by the Constitution? Russia?skoi? Federation, federal constitutional laws and federal laws for the direct execution of powers? federal government bodies (paragraph 2 of the note?), and under persons holding government positions in the constituent entities of Russia? Federations are persons holding positions established by the constitutions or charters of the constituent entities of Russia? Federation for the direct execution of powers? state bodies of the constituent entities of Russia? Federation (point 3 note?). Step-by-step? list of government positions? Russia?skoi? Federation approved by the Decree of the President of Russia? Federation of January 11, 1995 N 32 (as amended on December 1, 2008).

10. Along with a person holding a government position in Russia? Federation or public office of a subject of Russia? Federation, the subject of liability under Part 2 of Article 285 of the Criminal Code of the Russian Federation and Part 2 of Article 286 of the Criminal Code of the Russian Federation is the head of the local government body, which should be understood only as the head of the municipal formation - the highest official of the municipal formation, endowed by the charter of the municipal formation with its own powers to resolve issues of local importance (Article 36 of the Federal Law of October 6, 2003 N 131-FZ “On the general principles of organizing local self-government in the Russian Federation”).

11. Courts should distinguish between criminal acts of officials and acts? other persons performing managerial functions in a commercial enterprise? or others? organizations whose liability for abuse of their powers is established by article? 201 of the Criminal Code of the Russian Federation.

The subjects of this crime are persons performing managerial functions in a commercial enterprise? or others? organizations, main? whose purpose is to make a profit, as well as non-profit? organization that is not a state body, local government body, state or municipal institution, state? corporations?. To persons performing managerial functions in commercial enterprises? or others? organizations include persons performing the functions of the sole executive body, member of the board of directors or other collegial executive body, as well as persons who permanently, temporarily or by special authority perform organizational, administrative or administrative functions in these organizations (for example, director, general director, member of the board of a joint stock company, chairman of a production or consumer cooperative, head of a public association, religious organization). In cases where these persons use their powers contrary to legitimate commercial interests? or others? organization and in order to obtain benefits and advantages for themselves or other persons or causing harm to other persons, are they subject to liability under Article 201 of the Criminal Code of the Russian Federation if this act entailed causing significant harm to the rights and legitimate interests of citizens or the organization? or legally protected interests of society and the state.

12. If, as a result of abuse of power by a person performing managerial functions in a commercial company? or others? organization, harm was caused to the interests of exclusively commercial? or others? an organization that is not a state or municipal enterprise, criminal prosecution is carried out upon the application of the head of this enterprise? organization or with its consent (Article 23 of the Code of Criminal Procedure of the Russian Federation). In case of harm to the interests of other organizations? (for example, a non-profit organization, state or municipal enterprise), as well as the interests of citizens, society or the state, criminal prosecution for abuse of power in commercial activities? or others? organization is carried out on a general basis (paragraph 3 of the note to Article 201 of the Criminal Code of the Russian Federation). When, as a result of abuse of power by a business manager? or others? Is the organization harmed solely by this? organization, criminal prosecution of the manager is carried out upon application or with the consent of the management body of the organization, whose competence includes the election or appointment of the manager, as well as with the consent of a member of the management body of the organization or persons who have the right to make decisions determining the activities of the legal entity.

13. In cases where an act containing signs of abuse of official powers (Article 285 of the Criminal Code of the Russian Federation) or exceeding official powers? (Article 286 of the Criminal Code of the Russian Federation), committed by an official to eliminate a danger directly threatening? of the individual, the legally protected interests of society or the state, and this danger could not be eliminated by other means, then such an act cannot be considered criminal, provided that the limits were not exceeded? necessity (Article 39 of the Criminal Code of the Russian Federation).

14. Acts of an official related to the use of official powers that resulted in harm to interests protected by criminal law cannot be recognized as criminal if they were committed in pursuance of an order or instruction that is obligatory for him (Article 42 of the Criminal Code of the Russian Federation). An official who has committed an intentional crime under this article? 285 of the Criminal Code of the Russian Federation or Articles? 286 of the Criminal Code of the Russian Federation, in pursuance of an order or instruction known to be illegal, bears criminal liability on a general basis. At the same time, the actions of the superior official who issued such? order or direction, should be considered if there is a basis for that? as incitement to commit a crime or organization of this crime and qualify accordingly? article Special? parts of the Criminal Code of Russia? Federations with links? to Part 3 or Part 4 of Article 33 of the Criminal Code of the Russian Federation. An official who issued a knowingly illegal? an order or instruction to a subordinate who did not realize the illegality of such an order or instruction and carried it out is subject to liability as a perpetrator of a crime.

15. Under the use by an official of his official powers? contrary to the interests of the service (Article 285 of the Criminal Code of the Russian Federation), the courts should understand the commission of such acts, which, although they were directly related to the exercise by the official of his rights and duties, were not caused by the official? necessity and objectively contradicted both the general tasks and requirements imposed on the state apparatus and the apparatus of local self-government bodies, and those goals and objectives for the achievement of which the official was endowed with the corresponding official powers. In particular, how should the actions of an official who is motivated by selfish motives be qualified as abuse of power? or others? personal? interests are carried out within the scope of his official powers? actions in the absence of mandatory conditions? or basis? for their implementation (for example, issuing a driver’s license to persons who have not passed the mandatory exam; hiring persons who do not actually perform labor duties; releasing subordinates by commanders (chiefs) from performing their official duties? with assignment to work in commercial organizations or arrangement of an official’s personal home). Does liability under Article 285 of the Criminal Code of the Russian Federation also arise for the intentional failure by an official to fulfill his duties? in the event that such inaction was committed for selfish reasons? or others? personal? interest, objectively contradicted the goals and objectives for the achievement of which the official was vested with the appropriate official powers, and entailed a significant violation of the rights and legitimate interests of citizens or an organization? or legally protected interests of society and the state.

16. When deciding whether the actions (inactions) of the defendant constitute a crime under article? 285 of the Criminal Code of the Russian Federation, under the signs of subjective? side of this crime, in addition to intent, one should understand: selfish interest - the desire of an official to commit unlawful acts? obtain for oneself or other persons a benefit of a property nature, not related to the illegal gratuitous circulation of property for one’s own benefit or for the benefit of other persons (for example, illegal receipt of benefits, credit, exemption from any property costs, return of property, repayment of debt, payment for services, payment of taxes, etc.); other personal interest - the desire of an official to benefit from a non-property nature, due to such motives as careerism, nepotism, the desire to embellish the actual situation, to receive a reciprocal favor, to enlist support? in resolving any issue, to hide one’s incompetence, etc. How does an official use his official powers? contrary to the interests of the service, protectionism should be considered, which is understood as the illegal provision of assistance in employment, promotion, promotion of a subordinate, as well as other patronage of the service, committed for selfish reasons? or others? personal? interest.

17. In contrast to the theft of someone else's property using one's official position, abuse of official powers for personal gain? interests are formed by such acts of an official that are either not related to the seizure of someone else’s property (for example, receiving property benefits from using property for other purposes), or are related to the temporary and (or) paid seizure of property. What if the official uses his official powers? expressed in the theft of someone else's property, when in fact it was confiscated, the act is fully covered by Part 3 of Article 159 of the Criminal Code of the Russian Federation or Part 3 of Article 160 of the Criminal Code of the Russian Federation and additionally? qualification under Article 285 of the Criminal Code of the Russian Federation is not required. In cases where an official, using his official powers, along with the theft of someone else's property, committed other illegal acts related to the abuse of official powers for personal gain? or others? personal? interest, what he did should be qualified according to the totality of these crimes? Likewise, based on the situation? Article 17 of the Criminal Code of the Russian Federation, the issue related to? from legal? ratings? action? official who performed official duties? forgery. In cases where such a person in connection with the performance of his official duties? introduced into official documents deliberately false information or corrections distorting their actual content, the act must be qualified under Article 292 of the Criminal Code of the Russian Federation. If, along with committing actions entailing criminal liability under Article 285 of the Criminal Code of the Russian Federation, they commit official duties? forgery, then the deed is subject to qualification in conjunction with the article? 292 of the Criminal Code of the Russian Federation.

18. In cases of abuse of power and exceeding official powers? courts should, along with other circumstances of the case, clarify and indicate in the verdict what exactly are the rights and legitimate interests of citizens or organizations? or the interests of society or the state protected by law have been violated and are there any damages? Causal harm to these rights and interests? connection with an official who committed a violation of his official powers?. Under a significant violation of the rights of citizens or organizations? as a result of abuse of official powers or exceeding official powers? should be understood as a violation of the rights and freedoms of individuals and legal entities guaranteed by generally recognized principles and norms of international law, the Constitution and? Russia?skoi? Federation (for example, the right to respect for the honor and dignity of the individual, personal? and family? life of citizens, the right to inviolability of home and confidentiality of correspondence, telephone conversations, postal, telegraph and other messages?, as well as the right to judicial protection and access to justice, including the right to an effective remedy in a government agency and compensation for damage caused by a crime, etc.). When assessing the significance of the harm, it is necessary to take into account the degree of negative impact of the unlawful act on the normal operation of the organization, the nature and size of the material damage it suffered, the number of injured citizens, the severity of the physical, moral or property damage caused to them, etc. In violation of the legitimate interests of citizens or organizations? as a result of abuse of official powers or exceeding official powers? should be understood, in particular, the creation of an obstacle? in the satisfaction of citizens or organizations of their needs, not contradicting the norms of law and society? morality (for example, the creation by an official of an obstacle?, limiting the ability to choose, in cases provided for by law, at his own discretion, an organization for cooperation).

19. Unlike intended? articles? 285 of the Criminal Code of the Russian Federation, responsibility for the commission of an action? (inaction) within its own? competence contrary to the interests of the service, responsibility for exceeding official authority? (Article 286 of the Criminal Code of the Russian Federation) occurs in the event of an official committing active actions that clearly go beyond the scope of his authority, which entailed a significant violation of the rights and legitimate interests of citizens or an organization? or legally protected interests of society or the state, if the official was aware that he was acting outside the powers vested in him. Exceeding official authority? can be expressed, for example, in the commission by an official in the performance of official duties? actions 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 commit under any circumstances. Based on the disposition of Article 286 of the Criminal Code of the Russian Federation to qualify the act as an abuse of official authority? The motive for the crime does not matter.

20. When qualifying an action? persons under paragraph “b” of part 3 of Article 286 of the Criminal Code of the Russian Federation, courts should understand the use of weapons or special means as intentional actions associated with the use by a person of the damaging properties of these objects, or their use for their intended purpose. By distinguishing abuse of official authority, committed with the use of weapons or special means, from lawful actions? officials, courts should take into account that the grounds, conditions and limits for the use of weapons or special means are defined in the relevant regulatory legal acts of Russia? Federation (for example, in the Federal Law of April 3, 1995 N 40-FZ “On the Federal Security Service”, Federal Law of February 6, 1997 N 27-FZ “On the Internal Troops of the Ministry of Internal Affairs of Russia?” Federation”, Federal Law of May 27, 1996 N 57-FZ “On State Security”, Law of the Russian Federation of April 18, 1991 N 1026-1 “On the Police”). Special means include rubber truncheons, handcuffs, tear guns? gas, water cannons, armored vehicles, means of destroying barriers, service dogs and other means in service with internal affairs bodies, internal troops, federal government agencies? security, federal authorities? security services, penal authorities? systems, etc.

21. By grave consequences as a qualifying feature of a crime, provided for in Part 3 of Article 285 of the Criminal Code of the Russian Federation and paragraph “c” of Part 3 of Article 286 of the Criminal Code of the Russian Federation, should we understand the consequences of committing a crime in the form of a major accident? and long-lasting? stopping transport or a 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.

22. When considering criminal cases of crimes provided for in article? 285 of the Criminal Code of the Russian Federation or Articles? 286 of the Criminal Code of the Russian Federation, the courts must find out which normative legal acts, as well as other documents, establish the rights and obligations of the accused official, citing them in the verdict, and indicate the abuse of which of these rights and obligations? or exceeding which of them is he charged with exile? to specific norms (article, part, paragraph). In the absence of the specified data in the indictment or indictment, which is not possible to fill in at the court hearing, is the criminal case subject to return to the prosecutor in accordance with Article 237 of the Code of Criminal Procedure of the Russian Federation to eliminate the obstacle? its consideration by the court.

23. Courts should keep in mind that in accordance with paragraph “a” of Part 1 of Article 104.1 of the Criminal Code of the Russian Federation, money, valuables and other property received as a result of a crime under Article 104.1? 285 of the Criminal Code of the Russian Federation, and any income from this property is subject to confiscation, with the exception of property and income from it that is subject to return to the rightful owner.

24. When establishing the circumstances that contributed to the commission of the crime, provided for in Articles 285 and 286 of the Criminal Code of the Russian Federation, violation? rights and freedoms of citizens, as well as other violations? law, committed during an inquiry, preliminary investigation or when considering a criminal case by a lower court, recommend that the courts, in accordance with Part 4 of Article 29 of the Code of Criminal Procedure of the Russian Federation, issue private rulings or decisions, drawing the attention of the relevant organizations? and officials on these circumstances and facts of violation? laws requiring the necessary measures to be taken to eliminate them.

25. In connection with the adoption of this Resolution, recognize as not valid on the territory of Russia? Federation Resolution of the Plenum of the Supreme Court of the USSR of March 30, 1990 N 4 “On judicial? practice in cases of abuse of power or official position, abuse of power or official authority?, negligence and forgery.”

Chairman of the Supreme Court of Russia? Federation V.M. LEBEDEV

Secretary of the Plenum, judge of the Supreme Court of Russia? Federation V.V. DOROSHKOV

Lawyer for malfeasance Art.
286 of the Criminal Code more details...

Officials – who are they?

Such a concept as a position, be it a manager or an employee of a specifically established structure, presupposes that a person has rights and responsibilities. Speaking about such persons, it should be understood that the competence of such subjects implies opportunities that lead to violations of the law, namely offenses.

The understanding of who is recognized as officials follows from the functions and position of such entities.

Before defining the concept, it is necessary to identify the functions assigned to such subjects.

The following are included here:

• representatives of the authorities;
• administration and business management activities
• work of an organizational and administrative nature.

These areas are provided for in the notes to the norms of criminal and administrative laws.

The very concept of an official is also established in a note of the Criminal Code of the Russian Federation. This is recognized as an entity that, on a permanent or temporary basis (also on a special assignment), carries out the functions of a government representative, administrative and economic or organizational and administrative activities. Accordingly, these may be employees of law enforcement and other government agencies (a police officer, a police officer of the Ministry of Internal Affairs, a prosecutor, a bailiff). This will not include employees of private companies (boss, accountant, security guard, manager, etc.).

When authority is exceeded

The process of exceeding the article of the criminal law is defined as criminal actions or inactions aimed at going beyond the limits established for a particular employee.
Moreover, such an act is of a material nature, providing under Art. 286 part 1 of the Criminal Code of the Russian Federation, the need for negative consequences to occur. The object of the crime is necessarily the activities of the state administration apparatus and local authorities.

Speaking about how the act in question manifests itself, it is necessary to identify a number of signs that demonstrate precisely the abuse of authority, and not other violations related to official activities:

• to exceed the limits of competence means to go beyond, that is, to carry out actions that violate the interests of persons not provided for by the job description;
• the victim can only be a person in relation to whom the subject had the right to exercise his powers;
• the violation must be significant.

The extent and nature of the act itself, the consequences thereof, will be determined by the circumstances of the case, the number of victims and the actions performed in order to implement the criminal intent.

An important factor is that such a crime from the subjective side is carried out only intentionally, which is also implied by the latest clarifications of the law. An authorized person wants to negotiate something in favor of an interested person, while violating the rights of another subject, and so on.

In addition, the new edition of the code will provide additional qualifying criteria, namely the use of violence or dangerous objects, the occurrence of grave consequences (death, harm to health, material loss, and so on). Murder while using a position in the service will have a different qualification.

Distinction between abuse and excess

Criminal attacks related to the exercise of powers are recognized not only in situations where the limits of competence are exceeded, but also in cases of abuse of capabilities without going beyond what is permitted. This type of behavior also defines a separate crime.

Statistics show that the compositions under consideration are often confused in practice, making it difficult to qualify actions and determine the scope of powers.

So, speaking about the differences that make it possible to delimit these crimes, three main provisions stand out:

• Motive. In case of abuse, this factor must be established, that is, the civil servant must have a selfish motive. If authority is exceeded, this is not required; why the criminal does what is prohibited will not play a role.
• Availability of authority. Abuse involves the action of an employee within the limits of his competence, but in violation of the interests of citizens, that is, victims. Exceeding involves going beyond the limits, realizing opportunities that, according to the rules, do not apply to a specific subject.
• Nature of damage. Practice shows that when abused, material interests are affected, and when exceeded, intangible ones. However, this difference is not 100% and is formed only by statistical indicators.

Based on these signs, law enforcement officers will be guided when determining the nature of the crime, which is important since sanctions vary in size and severity.

Application to the prosecutor's office

Jurisdiction in matters of violation by officials of the limits of their own capabilities plays a special role. An effective way to achieve a trial is to contact the prosecutor's office with a statement, which will subsequently transfer the case to the investigator and coordinate the course of the proceedings.

Criminal proceedings are carried out only upon the initiation of a case. However, victims can also file a claim if damages are sought.

When a complaint is filed against a civil servant, the procedure for filing an application, in particular drawing up a document, must be followed.

Events can be presented in free form, but some information must be present in the statement:

• the header of the document must include the name of the body to which the application is sent, the name of the chief prosecutor, as well as information about the applicant himself, including contact information;
• there must be a name of the document, namely a statement (or complaint) against the actions of an official;
• the circumstances must be presented in detail, with reference to evidence, if any, information about the offender, place of work, position, full name must be included, reference is made to the provisions of the law that allow such treatment;
• The application ends with the date and signature of the applicant or his representative.

The complaint must also contain an annex that lists the attached documents. Not only an individual, but an organization can submit an application.

Arbitrage practice

Exceeding official powers Art. 286 in the Criminal Code of the Russian Federation implies an abundance of examples of judicial practice, as well as a large number of appeal decisions, since officials most often try to change the situation, fearing to lose their position and status.

When passing sentences, the court does not take into account the fact that the person is an employee. The sentencing is carried out according to general rules.

A striking example of a guilty verdict is the verdict of the Nizhny Novgorod Regional Court of May 25, 2022. An employee of the local administration, without sufficient authority to do so, forged a number of resolutions allowing citizen B. to obtain ownership of a land plot that had previously been in the possession of the municipality. As a result, the city suffered material damage, losing part of its land.

The court rendered a guilty verdict, that is, it found the person guilty of abuse of power under Article 286 and imposed a sanction in the form of imprisonment for a period of three years and six months.

However, the correctional order was defined as conditional serving, implying:

• registration with a regulatory authority;
• living at the same address without changing location;
• visit to a specialized body that exercises control over probationers.

The person was also deprived of the right to engage in a specific type of activity (representation of government) for two years. It should be remembered that the verdict is not always guilty. There are situations that can lead to acquittal, amnesty, or they can also convict, but then release on parole, which is facilitated by legal assistance.

Boundaries of competence

Speaking about the competence of officials, it is impossible to establish an exact list of capabilities, since everything will be determined specifically by the position held. However, the legislator provides for the division of the capabilities of individuals into groups that are subject to gradation according to the main functions of civil servants.

Positions can be filled not only for a special purpose and on a permanent basis, but also as a temporary replacement for a previously employed subject. The scope of competence will not change.

So, speaking about specific possibilities and the limits of their application, three main groups should be considered:

• Representation. Here we are talking about the representation of the three branches of government and their interests. Actions in such a situation are administrative in nature and apply to persons lower in the service. It is important that there is no fact of official dependence of such subjects. An example of the implementation of this option is work in law enforcement agencies, be it an investigation or a court.
• Administrative and economic activities. Here we consider an option for work related to the management of state property. Such activities can be carried out in the authorities themselves, institutions belonging to them, shops, warehouses, and so on.
• Organization and disposal. This option involves organizing and supporting the activities of other government employees. That is, this includes working with personnel, checking the executive component of activities, organizing labor, determining wage conditions, carrying out dismissal, and so on.

At the same time, authorities assume the functioning of all three groups, which requires the distribution of rights and responsibilities between several entities. The position determines the boundaries of opportunities, precisely prescribed in laws and regulations.