OFFICIAL PERSON AS A SUBJECT OF A CRIME IN THE CRIMINAL LAW OF THE RUSSIAN FEDERATION: GENESIS AND INTENTION

Abstract

The article considers an official as a subject of a crime in the criminal laws of the Russian Federation. The author of the article reveals its genesis and intention by characterizing the relevant legislative and other decisions, among which are highlighted: fixing the signs of officials in the norms of the Special part of the Criminal Code of the Russian Federation; fixing the signs in the main, qualified and specially qualified compositions; fixing the signs common to the group of norms (articles); fixing certain types of officials (special signs of officials); application of certain norms of the General Part of the Criminal Code of the Russian Federation, taking into account the presence or absence of signs of an official fixed in the Special Part of the Criminal Code of the Russian Federation; consolidation of the sign “a person who is not an official" (causing the selection of signs of an official) and the application of a number of norms of the Special Part of the Criminal Code of the Russian Federation, taking into account the presence or absence of signs of an official; determination of signs of an official according to acts of official interpretation. The author of the article in the context of the identified issues of official crimes reflects: the development of the institution of an official as a subject of crime and its norms in the criminal legislation of the Russian Federation; an increase in the number of special features of officials; simple, descriptive and blank dispositions (in terms of the subject of the crime); attribution to officials of persons performing organizational and administrative, administrative and economic functions in individual bodies and organizations, taking into account organizational and legal forms and other features; delineation of the concept of “official" from related and other concepts (public office of the Russian Federation; public office of the subject of the Russian Federation; head of local government; civil servant who is not an official; municipal employee who is not an official).