State and municipal administration. Criminal liability in the field of state and municipal government (the most important)

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State and municipal administration. Criminal liability in the field of state and municipal government (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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55. Criminal liability in the sphere of state and municipal administration

Encroachments on public administration, if they constitute a crime, are subject to punishment in accordance with the Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (Criminal Code of the Russian Federation). The Criminal Code of the Russian Federation provides for twenty-one offenses against military service - from desertion to insulting a serviceman.

In ch. 30 of the Criminal Code of the Russian Federation are listed elements of crimes against public service (this can also be extended to the municipal service), in particular, abuse of official powers, abuse of official powers, refusal to provide information to the Federal Assembly or the Accounts Chamber, misappropriation of the powers of an official, illegal participation in business activities, receiving and giving a bribe, official forgery, negligence. Among these offenses may be crimes committed not only by civil servants. Thus, the assignment of the powers of an official can be carried out both by a civil servant and by an ordinary citizen who pretends to be a big boss.

Other chapters of the Criminal Code of the Russian Federation, not related to issues of public authority and state and municipal services, also provide for crimes that are committed by subjects of public administration. Such compounds are found in chapters providing punishment for economic crimes (Chapter 22), for crimes against public safety (Chapter 24), environmental crimes (Chapter 26), crimes against traffic safety (Chapter 27), against the fundamentals constitutional order and state security (chapter 29), against justice (chapter 31), against the peace and security of mankind (chapter 34). In the sphere of economic activity, a civil servant may be held liable for illegal business (Article 171); he may violate safety rules when conducting mining operations (Article 216). The captain of a state ship may be held liable for failure to provide assistance to those in distress (Article 270). Espionage is often committed by government officials who have access to state secrets (Article 276). Many of these provisions apply to municipal service officials.

Some crimes in the justice sector can only be committed by government officials. The same applies to certain crimes against the peace and security of mankind. The planning, preparation, unleashing and waging of an aggressive war, the use of prohibited means and methods of waging war, as a general rule, can be carried out only by the highest officials.

Author: Konstantin Sibikeev

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