Today, Art. 228 of the Criminal Code of the Russian Federation. It provides penalties for exceeding the so-called official authority. A similar violation of the law is common in Russia. But not everyone talks about it. After all, it is commonly accepted that the government gives certain privileges to certain individuals. And so it makes no sense to complain - it will only get worse. In fact, if you cover the trespasser, this can be regarded as complicity. So what relies on the law (Art. 286) for abuse of power?
Fine
It is difficult to express the specifics here. In the same way as in most cases. The thing is that every violation in Russia is considered individually. So the Criminal Code will only help rely on certain penalties in a particular case.
What happens, according to Art. 286? For excess of official authority, the employee shall be subject to a monetary penalty. Simply put, fine. Its size can be fixed and up to 80 thousand rubles. Or, it is determined on the basis of the perpetrator’s income for a specified period. For example, they are summed up over the past few months - a maximum of 6. Whether it is wages or any other income - it does not matter.
In principle, when it comes to dignitaries, this measure, which has legal grounds, in Art. 286 of the Criminal Code is present. And it is applied very often in practice. Nevertheless, in part 1 of the article there are also some other punishments for the described act. Which ones? What is there to be afraid of if you become more than official?
About freedom
For example, a person faces any form of imprisonment. It can be imprisonment or arrest. It all depends on the degree of violation committed, as well as on your position. Art. 286 h. 1 indicates that the maximum period of imprisonment in prison may last up to 48 months. But the arrest is much less important. Only six months.
Please note that an arrest can be made for a shorter period. But not less than 4 months. Such clarifications are available in Art. 286 of the Criminal Code. But for imprisonment there are no special restrictions to a minimum. Practice shows that very often it is for 2 years that the offender faces imprisonment. In the absence of other violations, of course. Otherwise, the punishment can be tightened to any degree. In fact, abuse of authority, according to your position, in the so-called pure form often occurs. But the combination of several offenses with Article 286 is a rather rare occurrence.
Activities
The punishments do not end there. With a high degree of probability for abuse of power, if you rely on Art. 286 of the Criminal Code, the offender will be deprived of his post. And in addition to everything else, they will be banned from holding certain posts for the "nth" period. Conducting activities of one direction or another will also be banned. What areas will be affected by punishment, only the court decides. In practice, we can say that the offender is most likely to be banned from political, economic and legal activities, and will not be given the right to occupy high-level and simply leading positions.
How long are the restrictions? Here, the final decision is also made only by the judiciary. According to the data specified in Art. 286 "Exceeding official authority", you can count on a maximum of 5 years. These are the norms established by Russian law.In fact, they try to appoint the longest period for the prohibition of conducting activities of a certain direction, as well as the ability to occupy specific posts, for abuse of authority.
Civil servants
In h. 2 Article. 286, the punishment for the offense is indicated in cases where it was carried out by a public servant or by a person who heads the subject of the Russian Federation (and by people “standing” in a number of local government bodies). In this situation, more serious measures will be implemented.
Penalties have not lost their relevance. Just their size has increased. Based on Art. 286 of the Criminal Code, the abuse of power by a civil servant is punishable by a fine of up to 300 thousand rubles or in the amount expressed by any other income of the defendant for a period of not more than 2 years.
In this case, pay attention to the "minimums". They are very real. For example, if a fixed amount is assigned, and not the income of the violator, then the minimum payment will be 100 thousand rubles. In the case of wages, for example, a fine is collected for at least 1 year. Such restrictions are established at the legislative level. Under certain circumstances, they are able to increase. This is extremely rare.
Jail
In addition to the well-known punishment in the form of a fine when using official powers for purposes other than those prescribed by a high-ranking official, it is worth paying attention to the fact that it is not always possible to "pay off." In some cases, special sanctions are applied to the offender.
What are we talking about? About imprisonment with a little "addition." In contrast to the usual abuse of authority by a person due to service and work, the court has the full right to imprison the culprit for 7 years when the high-ranking officials participate in the crime. Or for a shorter period.
And in addition to this, a ban on doing business is also imposed and a taboo is placed on the ability to occupy certain positions. The term of such punishment is up to 36 months. But in Art. 286 states that such a restriction may not be imposed. Although in practice, this measure is actively applied.
Violence and threats
It is even more difficult to make a decision when abuse of authority was carried out with violence or threats, as well as with the use of weapons. In h. 3 Article. 286 of the Criminal Code indicates penalties in this kind of situation. Nevertheless, the picture here is almost unambiguous. The offender faces imprisonment for some period. It varies depending on the complexity of the case. The limits are set in such a time range: from 3 to 10 years. It turns out that the minimum required for the use of violence or threats, which is accompanied by the excess of powers characteristic of a particular position, will be 36 months. As much as possible to put the culprit are entitled to 120 months.
Also, but already without fail, restrictions are imposed on the conduct of certain activities. Positions this also applies. The acts provided for in paragraphs 1 and 2 of Art. 286, if threats or the use of violence (weapons) were recorded, they imply punishments with imprisonment and restrictions on activity for a period of no more than three years.
Grievous harm
What should be done if, as a result of abuse of authority, someone was seriously harmed? In this scenario, the punishments are already known. In fact, they are the same as in the past case. That is, the culprit faces imprisonment for 3-10 years and restrictions on activity and work for 3 years maximum. Or without it.
True, most often, when causing grievous harm, the court will make a tougher decision with respect to the accused. Indeed, in this situation, as a rule, several violations take place at once. Not only in relation to article 286 of the Criminal Code of the Russian Federation. Therefore, do not hope that you can get off easily and simply. Be sure that if all offenses can be proved, then the sentence will be imposed in the most severe form.
Comments
Commentary on Art. 286 is a bit confusing. And not all citizens understand it. Nevertheless, he is able to bring some clarity to the article. For example, when solving a problem, they pay attention to the direct harm to the victim. It should be expressed in the form of holding against the will, as well as inflicting beatings, various injuries and physical pain.
Under the guise of weapons, special tools can be used. These include a variety of shockers, batons, sound and sound equipment, water cannons, tear gas, handcuffs and even service dogs. In other words, everything that is intended for use by one or another an official. This may be something characteristic of his activities.
Summary
In principle, that’s all. Now we understand what punishment is imposed in a particular case for abuse of power. You may notice that it is sometimes difficult to make a decision. But in judicial practice, such a phenomenon is not common. Therefore, you should not worry about making the wrong decision.
Most often, in reality, the culprit is “paid off” by a fine and deprived for a certain period of time of the opportunity to occupy any specific (usually leading) position. He may be prohibited from conducting activities of one kind or another. Imprisonment is also provided, but in real life it is imposed only in the most serious cases. All citizens are trying to give a chance for correction.
