Zadoya K. Criminal liability for exceeding of power or official empowerments (art. 365 of the Criminal Code of Ukraine)

Present dissertation is devoted to comprehensive research of the questions of criminal liability for exceeding of power or official empowerments. It is being proved that differentiation of responsibility for actions that are considered as exceeding of power or official empowerments is needed. It is pointed at incorrectness of corpus delicti construction stipulated in p.2 art.365 of the Criminal Code. The attention is given to questions of delimitation of the corpus delicti stipulated by article 365 of the Criminal Code from other crimes in sphere of service activity. There are also problem issues of application of provisions in article 365 of the Criminal Code. Study conducts a system analysis of sanction in article 365 of the Criminal Code. Author make several propositions directed to improve criminal liability for exceeding of power or official empowerments: to modify the art. 365 of the Criminal Code of Ukraine; to modify the Resolution of the Supreme Court of Ukraine "About judicial practice in cases of exceeding of power or official empowerments".