Metelskyi I. A law enforcement officer as a participant in criminal relations

The thesis deals with the concept of criminal law relations and the development of ideas about their essence. The essence and elements of criminal relations are analyzed. The types of criminal relations are also considered and the concept of criminal relations is understood, which means the norms of criminal law regulated by the social relations that arise between the person who committed the criminal offense or other socially dangerous act provided for by the criminal law, and the state in the name of the person in question. its bodies (agents), regarding the application or refusal to apply to a person criminal law influence. The issues of origin, time of existence and termination of such criminal relations with the participation of a law enforcement officer are investigated and the state of regulation of such relations in the historical dimension is analyzed, namely, some normative acts that regulate such relations at different times are considered. The place of a law enforcement officer in the subjective structure of criminal relations was determined, and his potential criminal legal statuses identified (the victim of the crime and the person who committed the crime). The essence of the concept of “law enforcement officer” is analyzed and the opinion is expressed that it should not be considered as an independent, autonomous subject of criminal legal relations, since it is in a hierarchical subordination subordination to others (state, authority) of their subjects. When engaging in public relations outside such subordinate relationships, a person is not considered to be a representative of an “active” criminal subject. It also substantiates the possibility of a criminal subject being recognized as an accessory entity - a law enforcement agency or its structural (separate) unit, in cases where a worker commits a crime on her behalf (or in her interest). The concept of the victim of the crime is analyzed, its features are determined. The place of the victim in the structure of the criminal-law relations, as well as its significance and role in the crime are determined. The composition of crimes in which the law enforcement officer acts as a victim is studied and the features of the victim of these crimes are analyzed. A circle of persons has been identified, whose assault is caused by a law enforcement officer performing his / her duty. Taking into account the current state of development of the problem of the victim in the criminal law, regularities of influence of the status of a law enforcement officer on this feature in the crime are established. The concept of the subject of the crime (the person who committed the crime), its features and place in the criminal law of Ukraine are analyzed. The features of such a crime subject as a law enforcement officer are also identified. The peculiarities of the relationship between the status of a person as a law enforcement officer and the characteristics of individual offenses in the field of professional activity and crimes against justice are revealed. The concept of punishment as well as the peculiarities of its purpose are investigated. There are penalties that can be conditionally attributed to special and that can be applied to law enforcement officials, among which we mentioned the deprivation of the right to occupy certain positions or engage in certain activities and deprivation of military, special rank, rank, rank or qualification class. The problems of applying special types of punishment to a person convicted of a crime committed in connection with the status of a law enforcement officer were assessed. Scientific and substantiated recommendations on criminal legislation in the field of ensuring the normal activity of law enforcement agencies have been formulated and proposed.