IMPLEMENTATION OF CERTAIN MEASURES TO ENSURE CRIMINAL PROCEEDINGS DURING THE INVESTIGATION OF ABUSE OF AUTHORITY OR OFFICIAL STATE

Abstract

The article analyzes the corpus delicti under Art. 364 of the Criminal Code of Ukraine. It was found that abuse of power or official position is a means by which an employee carries out another, more serious crime to achieve the desired criminal result. Taking advantage of their official position, they mainly carry out such crimes as embezzlement on an especially large scale, illegal privatization of state or municipal property, evasion of taxes, fees and other mandatory payments, concealment of criminal offenses, and the like. Office crime also leads to the development of organized crime. It was revealed that, in accordance with the novelties of criminal legislation, the use of power or official position contrary to the interests of the service should be interpreted as the commission of such violations of his official duties by an official, causing significant harm to the interests of individual citizens protected by law, state, public interests or the interests of legal entities. The concept of “interests of the service” is directly related to the scope of the rights and obligations of an official of an enterprise, institution or organization, that is, its powers (competence). In this case, criminal proceedings in this category of cases must be carried out using the principle of a special subject of an offense. Therefore, one of the first separate measures in criminal proceedings regarding abuse of power or official position is not the imposition of a fine or confiscation of property, but restrictions on the use of official rights. It is important in this process to ensure interaction between various branches of the criminal and penitentiary system of Ukrainian authorities. Interaction and business contacts between the investigator and operatives in the investigation of this category of cases should be constant, starting from the moment a criminal offense is discovered and up to the transfer of procedural materials to the court. To do this, they must periodically inform each other about the received operational data, which, on the one hand, will help the investigator in the course of the investigation to successfully implement the operational data received by the operational police officers, and on the other hand, to make full use of the investigation materials in their work. At the same time, he must be very careful, coordinate his actions with operational workers, so as not to reveal the secret methods of work of the relevant services.