Tatiana Feliksovna Khoudina is Candidate of Science (Law), Leading Researcher of the Branch of the Russian Research Institute of the Ministry of Internal Affairs (Far Eastern Federal District), Police Lieutenant Colonel.
Over the last few years the question of criminal liability of individuals performing the administrative function in the commercial or other organizations contrary to the interests of the latter is urgent both in science and in the investigative and judicial practice. That results from the fact that during the implementation of the authority abuse criminal law the considerable contradictions revealed themselves in its theory and practice. The reasons for such contradictions are connected both with the specific character of the criminal act itself and with the peculiarities of the legal body crime structure under Art. 201 of the Criminal Code of the Russian Federation. Herewith the inconsistency of the investigative and judicial practice is observed.
The current situation points to the particular importance of the subject of this study for the purpose of the effectiveness increase of the enforcement of Art. 201 of the Criminal Code of the Russian Federation. In addition, owing to the general character of the crime body intended for the various possibilities of the authorities used by the administrative staff of the organization contrary to the legal interests of the latter, the research of the criminal liability for the authority abuse is of a special importance in the system of crimes against the interest of service.
The stated circumstance is the evidence of the insufficiently profound theoretical and practical analysis of the criminal law liability for the authority abuse, as well as of the investigation methods. Consequently, the subject of this study is quite urgent and requires comprehensive theoretical analysis. Within the framework of the article we shall analyze the practice of the criminal law liability for the authority abuse, and single out some problematic issues faced by the practical staff in identifying, qualifying and investigating these criminal acts.
Key words: criminal law, crime, authority abuse, commercial and other organizations, administrative functions, investigative and judicial practice, the problem of implementation, the identification, qualification, proof.