Comparative analysis of the essence of abuse of power in international legal sciences and Ukraine
In: Cuestiones Políticas, Volume 39, Issue 70, p. 640-648
ISSN: 2542-3185
The purpose of the research is to develop a comparative analysis of the essence of the abuse of the occupational (official) position within the framework of the science of criminal law. It is indicated that criminal liability for the abuse of the occupational (official) position in the performance of his duties has been established for certain specific offences under the Special Part of the Criminal Code of Ukraine. To achieve the stated objective and solve the stipulated tasks, general and special scientific methods were used, in particular, the structural system to analyze crime in the field of official activities and prevent it as a theoretical problem and holistic phenomenon throughout the process. The results obtained allow us to conclude that, in most countries of continental Europe there is a simplification of the qualification of the actions committed by an official in a single article, however, there is a clear link with the consequences caused in the form of pecuniary damage, which allows the prosecution to build much faster a causal component of the actions of a person within a single legal criminal corpus and pass evidence to the court.