A crime against the national government, as well as an offense against the interests of the national service or the branch of regional self-government bodies, are dangerous actions (or inactions). They are committed by civil servants who are not officials, representatives of state power, other officials or other employees, contrary to the interests of the service, due to the position they occupy on duty. Such actions or omissions are detrimental to the normal authorized operation of the authorities, as well as to the interests of the national service or local authorities. They may contain the threat of such harm.
Varieties of crimes
In the Special Part of Criminal Lawprovides for about 255 types of different crimes. Among them, it is customary to distinguish six main groups of offenses:
- against personality;
- military offenses;
- against public safety;
- against the general government;
- in the field of economics;
- against the peace and security of humanity.
The characterization of a crime against government authority is provided not by the criminal code, but by the theory of criminal law.
Distinguishing Features
Crimes against state power and public service have distinctive features:
- Deeds are committed by separate entities. The exception is the provision of a bribe. The subject in such a situation is common.
- A crime can be committed due to the fact that the subject occupies an advantageous official position or uses his own official powers.
- The acts contain a threat to the district self-government bodies, and also encroach on the normal work of government and state authorities.
Types of crimes
Crimes are divided into certain groups, each of which falls under the article of the criminal legislation of Russia.
Types of crimes against state power:
- exceeding official capacity (art. 286);
- abuse of official powers (art. 285);
- introducing obviously false information into state registers (art. 285.3);
- misuse of budgetary funds (art. 285.1);
- misappropriation of money from state non-budgetary funds (Art. 285 part 2);
- assignment of the rights of an official (art. 288);
- non-execution of decrees by an employee of the internal affairs bodies (Art. 286.1);
- refusal to submit information to the Federal Assembly, refusal to provide data to the Accounts Chamber (art. 287);
- illegal activity in business (art. 289);
- bribery (art. 291);
- receiving a bribe (art. 290);
- bribery mediation (art. 291.1);
- petty bribery (art. 291.2);
- official deception (art. 292);
- illegal issuance of a passport of a citizen of the Russian Federation, as well as the introduction of obviously false information into the papers, which led to the illegal acquisition of citizenship of the Russian Federation (Art. 292.1);
- irresponsibility (negligence) (art. 293).
Subject of crime
In most crimes, only an official can act as a subject.
Officials are persons who temporarily, permanently or under special powers perform administrative and economic duties, organizational and administrative duties in state structures, in district self-government bodies, city institutions, perform duties in the Armed Forces of Russia, other troops and military formations.
A person who temporarily performs the duties stipulated by a specific position may be recognized as the subject of a crime if the dutieswere assigned to a person in the manner prescribed by law.
The concept of functions
In order to understand what a crime against state power is, you need to understand the concepts of the functions that an official performs.
Organizational and administrative functions are functions that include the management of a team, the selection and placement of personnel, the organization of the service or work of subordinates, the use of incentive measures or the imposition of disciplinary punishments, and the maintenance of discipline.
Administrative and economic functions are called functions that include the authority to dispose and manage property, as well as funds that are on the balance sheet, as well as on bank accounts that organizations or institutions, as well as units and military units have. Other actions also fall here: decisions on payroll, bonuses, control over the movement of material assets, establishing the order in which material assets are stored.
Object of crime
A crime against state power also implies the presence of an object. The concept of a crime against state power implies that the object is the normal work of state bodies, municipal and state institutions, local self-government bodies, the Armed Forces of the Russian Federation, various military formations of Russia and other military branches regulated by legal acts.
Legitimaterights, legitimate interests of citizens and organizations. It also includes the interests of society, the various interests of the state, which are protected by law.
In these malfeasances, the objective side implies the presence of signs that are mandatory:
- Committing the listed acts contrary to the interests of the service. The relevant acts not only go against the direct purpose of the body, but also contradict the powers that the official was vested with.
- The presence of a causal relationship between what a person has done and the consequences of an action or inaction.
The difference between employees
The general characteristic of crimes against state power, the interests of the country provides for the punishment, the degree of which varies depending on which person committed the act.
The concept of an official is narrower than the concept of a municipal or state employee.
A citizen who performs the duties assigned to him for a certain remuneration, which is paid from the funds of a subject of the Russian Federation or the budget of the Russian Federation, is called a civil servant.
A person who performs the duties assigned to him, for remuneration, which is paid from the funds of regional self-government bodies, is called a municipal employee.
From here it only remains to conclude that not every employee is an official, however, any official will be a state or municipal employee.
Those employees who do notoccupy official positions, will be liable under chapter 30 of the Criminal Code (in particular, art. 288, as well as art. 292).
Severity of crime
The state is responsible for ensuring that the life of people in society and the formed society is organized and comfortable. Those who commit a crime against state power are punished very severely.
The following are considered especially dangerous:
- armed rebellion;
- high treason;
- inciting ethnic hatred, as well as inciting religious hatred;
- espionage;
- sabotage, disclosure of national secrets.
How effective the state power will be depends largely on the coherence of the work of civil servants, as well as on their conscientiousness. The state should not and will not tolerate bribery, abuse of office by persons holding responsible positions in government.
Punishment
Crimes against the government of the Criminal Code punishes without concessions.
For example, exceeding official authority:
- If the act entailed a violation of the legitimate interests or rights of citizens or organizations, as well as any protected interests of the state or society, and was committed out of selfish motives or other personal interest. In this case, the punishment involves a fine of 80,000 rubles. This amount can be replaced by any income of a citizen for a period of up to six months. A court decision may prohibitoccupy positions of a particular level or type, or engage in a particular activity. The term of such punishment can be up to 5 years. There may also be a pen alty in the form of forced labor for up to four years. This punishment can be replaced by arrest from four to six months. The most severe is the punishment, which implies imprisonment for up to 4 years.
- The same act, but committed by a person holding a public office or being the head of a self-government body, is punishable either by a fine, which will be equal to the amount of salary or income for a period of 1 to 2 years, or in the amount of 100,000 to 300 000 rub. Forced labor may also apply. Such works can be charged for a period of up to five years. A person may be deprived of the right to operate. Imprisonment for a period of 7 years or more is also applicable.
Punishment for taking a bribe
A crime against the government, an example of which can be seen every day in the news, is giving or receiving a bribe. Bribery is punishable by a fine and/or imprisonment.
Many types of crimes against state power have a clear distinction in terms of responsibility and punishment.
In the event that an authorized person, a foreign official or an official of a public transnational organization receives through an intermediary or personally a bribe in the form of an amount of money, valuable documents, property in the form of illegal services or services of a property nature in favor of who gives a bribesubject to a fine. The amount of the fine ranges from 1 million rubles. Also, the fine can be equal to the amount of wages for a period of time up to 2 years, or in an amount equal to 10-50 times the size of the bribe. At the same time, it is supposed to deprive the right to find a job in a specific place and engage in certain activities (the limiting period is up to three years). Punishment can be represented by corrective labor for a term of one to two years. A person is deprived of the right to be employed in specific positions and engage in certain activities for up to 3 years. Certain forced labor is assigned for a period of up to 5 years. It provides for deprivation of the opportunity to hold positions or perform certain work for a period of up to 3 years. It is also possible imprisonment for up to 3 years with an imposed fine. The amount of the fine can be equal to ten or twenty times the amount of the bribe.
Punishment for misuse of the budget
Crimes against state power, the interests of the public service in the form of spending public funds imply varying degrees of punishment.
Spending budget money for purposes that do not meet the conditions in which they were received with the receipt of a signature, estimates, grounds for spending funds, notification of appropriations from the budget, which was made in a particularly large amount, is punishable by a fine.
The fine ranges from 100,000 to 300,000 rubles. or equal to wages or other profitsover a period of 1 to 2 years. Forced labor may also be imposed. The duration of such work is up to two years. In this case, a person is deprived of the right to occupy specific posts or conduct certain activities. The ban period can be up to three years. In addition, deprivation of liberty for a period of up to two years with a ban on employment in certain positions or performing certain activities for a period of up to 3 years may be charged.
The concept and types of crimes against state power provide for liability for a group of persons who committed an illegal act.
For the misuse of budgetary funds by a group of persons by prior agreement (conspiracy) or when committing theft on a particularly large scale, a fine will be punished. Its size can be from 200,000 to 500,000 rubles. The amount of the fine may be equated to the amount of wages or any other income. The period of time for which the amount is withdrawn is 1-3 years. Forced labor for a period of up to 5 years can also be applied with the additional right to hold certain positions or perform some kind of activity for a period of time up to 3 years. Imprisonment for a period of up to 5 years can be applied with deprivation of the right to be employed in certain posts or engage in a specific activity.
A large amount for a crime against state power, the interests of the service is recognized as the amount of funds from the budget that exceedsone million five hundred thousand rubles (1,500,000 rubles). The amount of seven million five hundred thousand (7,500,000 rubles) is recognized as especially large.
Incorrect information
Crimes against state power, the interests of the civil service in the form of filing deliberately false information in the unified state registers (according to Article 285 of the Criminal Code) are characterized by:
- introducing information into the register, the unreliability of which is known in advance;
- forgery of documents that served as the basis for entry in the registry;
- forgery of documents, as a result of which changes were made to the registers;
- elimination of documents that were the basis for the entry in the state register, especially if the storage of documents is mandatory and provided for by law;
- destruction of documents that were the basis for changes in the registries.
Relate punishment to crime
Most government officials agree with the idea that the degree of punishment should depend not only on the severity of the crime. The pen alty imposed should be based on what is written in the legislation. In order to ensure a correct and appropriate legal framework, the most severe pen alties should be prescribed in the law.
The inevitability of punishment, as well as the responsibility of the employees themselves, will contribute to the eradication of such a thing as a crime against state power.
