Gora R. Criminal liability for the abuse of authority by an official of a legal entity of private law irrespective of organizational and legal form

The thesis is devoted to research of criminal liability for the abuse of authority by an official of a legal entity of private law irrespective of organizational and legal form and contains a number of the new theoretical provisions concerning the content of signs of structure of this crime and punishment for it and also the offers directed to improvement of the norm provided by Art. 3641 of the Criminal Code and practice of its application. In work from the position of the concept of the object of the crime as a social relationship, considered the general, generic, species and direct objects of abuse of authority by an official of a legal entity of private law irrespective of the organizational and legal form. At the same time, emphasizing on the polyobjectivity of this crime, it is proved expediency at the level of its direct object to distinguish the main and additional direct objects. During the research of the objective side of the crime, stipulated in Art. 3641 of the CC, it is stressed that abuse of authority should be understood as the use by an official of not only rights, but also duties that are due to the nature of rights delegated to it by a legal entity. In this case, additional arguments are put forward in favor of the fact that a socially dangerous act can be committed either in form of action or in the form of inaction. Also developed is the view that abuse of powers under the current version of Art. 3641 of the CС covers their excess. As to the socially dangerous consequences of the considered crime it is noted that in the current version of paragraphs 3 and 4 of the note to the Art. 364 of the CC the notion of «substantial damage» and «grave consequences» may not be subject to broad interpretation as covering damage of an immaterial nature that does not have a property expression, in connection with which it is proposed to amend the specified provisions of the CС so that these the consequences covered any damage of immaterial nature. Also it stated that the causal connection between a socially dangerous act and its consequences can have both direct and indirect character. Analysis of the subjective side of the crime, provided by Art. 3641 of the CC, made it possible to conclude, that for the lawfulness of the official to a socially dangerous act, its relation to the consequences may be intentional or careless. In the latter case there is a «mixed» form of guilt. Particular attention is paid to the study of the purpose and motives of this crime, that can have both property and non-property character. When considering the subject of the crime, it is proposed to characterize it through a system of three groups of features: general, generic and special. This made it possible to formulate the definition of an official of a legal entity of private law. The paper also deals with the questions of punishment for this crime. Particular attention is paid to addressing the issues of the possibility of application to persons who committed a crime, as stipulated in Art. 3641 of the CC, the provisions on release from punishment and his serving. On the basis of the study the author formulates proposals for the improvement of the article 3641 of the Criminal Code and practices of its application.