ПРАЦІВНИК ПРАВООХОРОННОГО ОРГАНУ, ЯК СУБ’ЄКТ СКЛАДУ КРИМІНАЛЬНОГО ПРАВОПОРУШЕННЯ, ПЕРЕДБАЧЕНОГО СТ. 365 КК УКРАЇНИ
Abstract
. Counteraction to criminal offences in the field of official and professional activity related to public services in today's conditions has become a priority. As a result, there are a significant number of law enforcement and anti-corruption bodies and changes in the current criminal legislation of Ukraine in terms of regulating liability for misconduct in the field of official and professional activities.
However, despite the desire to overcome this dangerous phenomenon present in any society, there is inconsistent and unfoundedness of individual decisions, which indicates the need for specific scientific investigations.
The author considered specific theoretical and practical problems of the criminal liability for abuse of power or official authority by a law enforcement employee and researched the types and features of the law enforcement system of Ukraine. The author determined the status of a law enforcement employee and the features that distinguish an official from support staff. In addition, the author identified the most prominent problems that are still present in the provisions of criminal law in terms of liability for abuse of power or official authority by a law enforcement employee.
The author provided analysis of specific related categories, namely: "law enforcement agency", "law enforcement activities", "law enforcement functions", and their role in the application of the Criminal Code of Ukraine.
Based on the analysis of the current criminal legislation and the doctrine of criminal law, the author formulated possible options for solving specific problems.
The reform of the law enforcement system of Ukraine is underway, and the problems raised in work only testify to the tendency to continue it. Accordingly, this process requires the constant support of the scientific community, as the effectiveness of any reform is determined by the level of harmonious combination of efforts of scientific potential and legislative initiative.
