PERSON FROM THE ABUSE OF AUTHORITY BY PERSONS WHO PROVIDE PUBLIC SERVICES

Abstract

This publication is devoted to the clarification of such issues as understanding of the victim’s person from abuse of authority by persons who provide public services, types of victims in the structure of criminal-law and forensic characteristics, shortcomings of the current legislation and ways to eliminate them. The following conclusions are formulated regarding the person who suffered from abuse of authority by persons providing public services. The study of sentences conducted by us under Article 3652 of the Criminal Code of Ukraine established that the victims were both physical and legal persons. Also, the grave consequences were inflicted by public interests protected by law, and in one case damage was caused to the public interest. We have not found any case where the victim is an accomplice to a crime, but this does not mean that such situations do not exist in the practice of investigation, moreover, as it is extremely difficult for us to prove the victim’s criminal activity. A well-off victim may also be an instigator, accomplice, co-executor or organizer, which must be established during the investigation and correctly determine the procedural status of such participant and correctly qualify his actions. In case of confirmation of such state of affairs, the status of the victim may be acquired by certain legal entities, community, state. A person who has been victim of abuse of authority by persons providing public services may be both an adult and a minor. A juvenile victim of abuse of authority by persons providing public services has somewhat specific significance for developing the forensic characteristics of this crime in comparison with other crimes. Cynicism of abuse of authority by public service providers, if such abuse is committed against so-called «unprotected» victims, such as a minor or incapacitated person, an elderly person, reaches its climax.