Abuse of the right by civil servants in the aspect of the basis of criminal liability

Abuso del derecho por parte de los funcionarios públicos en el aspecto de la base de la responsabilidad penal

• Olga Sergeevna Guzeeva Judge of the Arbitration Court of the Moscow Region. Russian Federation. https://orcid.org/0000-0002-6810-395X

DOI: https://doi.org/10.46398/cuestpol.4072.49

Keywords: constitutionalization of criminal law, responsibility of public officials, state responsibility, abuse of the law, official crime

Abstract

The objective of the article was to examine the problems associated with the search for theoretical foundations for the legal-criminal assessment of the abuse of the law by official representatives of the State. It is divided into two situations: (a) an evaluation of the actions of public servants who consistently embody the illegitimate and illegal policy of the State; b) an evaluation of the actions of state representatives under conditions where such actions diverge from the content of the state’s legal policy. When the criminal conduct of public servants is a continuation of the «criminal policy» of the State, their responsibility cannot be based entirely on the concept of abuse of rights. The authors used the comparison method as the main method of the research. In conclusion, they distinguish the application of illegal laws and the illegal application of laws. If in the first case it is not possible to establish signs of abuse of the right, then in the second case it is quite possible scientifically speaking, which is essential for the qualification of the actions of the perpetrators.

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