An official is a general concept that has its own characteristics and individual characteristics depending on the aspects in which it is considered. In this case, the concept of an official in criminal law differs in its nuances. This is due to the fact that the commission of a crime by a simple subject - a person without special signs, becomes an attempt on one object. A crime committed by an official is an attempt not only on the main object, but also on the relations of power, subordination and hierarchy, which is more dangerous by its nature. Therefore, we consider what is meant by an official.
The concept in criminal law of Russia
The note to article 285 of the Criminal Code of Russia indicates that an official means a person (namely an individual) who temporarily or permanently exercises the powers of a representative of the authorities on a special submission. The concept of an official in criminal law includes the ability to perform organizational and administrative or administrative activities. Among the authorities in which such a definition may apply are local authorities, state authorities, municipal associations, institutions, corporations, the Armed Forces of Russia or other military formations that operate in our state.
Attributes of an official
The characteristics of an official in criminal law are distinguished based on the definition. They reflect the essence and characteristics of this category of employees:
- representative of authority;
- Has organizational and administrative competencies;
- administrative powers;
- special authority.
The peculiarity of the institute under consideration is that its features draw a line between the types of officials. All of the above signs not only highlight features, but also form fundamentally new institutions that are part of one, called the official.
Representatives of the authorities: classification
As noted above, the concept of an official in criminal law provides for the presence of such a component as a representative of the authorities. That is, it includes people with the competence to exercise the functions of the judicial, representative authorities and the legislative. This also includes employees of any law enforcement agencies or bodies exercising control and supervision. The main feature is the right to make decisions, the implementation of which is mandatory not only for those who are subordinate to the official, but for all citizens, regardless of whether they work in one or another structure or not.
The representative of the government is the first of two types of officials in criminal law. The second is a person who has a special authority or various functions described below.
Here are some examples of officials: these are deputies of the Parliament, the State Duma, the Federation Council, they are also deputies of legislative bodies of power at the level of the subject, members of the Government at all levels, judges, both world and federal.
Organizational and administrative powers
The second structural link in the concept of an official in criminal law is the performance of various functions, we will analyze them in more detail.
This category includes people who lead the collective body of the authority at any level or other people who are directly subordinate.At the same time, organizational functions include resolving personnel issues, determining labor functions, imposing penalties for violation of discipline and otherwise. This will include the adoption of decisions that are of legal value and will entail consequences. For example, issuing a sheet of temporary or permanent disability, establishing the fact of disability and determining its degree, putting marks on the exam.
For example, the director of a school, the rector of an institution, the head of an institution, or medical or social workers.
Administrative and business competencies
The concept of an official in criminal law is multifaceted; we have revealed only two aspects. Let's move on to the third, which also includes the execution of functions. Administrative and economic activities include the distribution of property, money in any form, the adoption of decisions on the amount and period of payroll, vacation pay, benefits. All actions that are aimed at controlling the movement of property, values or money relate to this type of authority.
Vivid examples will be the heads of warehouses, accountants, the heads of the scholarship, finance department, the heads of bases, etc.
Special authority
In revealing the definition of an official in criminal law, we mentioned a special authority (or special submission). It is understood as the assignment of duties and rights of an official by law or a local regulatory act. That is, a situation is not allowed when one person appointed another as the chief and granted him authority. Everything is clearly regulated by law, which prescribes the order and essence of a particular position. Special authority may also be given by order of a higher authority. The procedure almost always applies to a specific period of time or is used once. This is prescribed in the normative act.
For example, a teacher who participates in a certification or qualification commission, or a doctor who sits on a commission that assigns disability. Also, jurors are considered an example of an official with special authority.
Having characterized all the structural parts, we gave a full-fledged concept of an official in the criminal law of the Russian Federation. For comparison, consider this institution in the criminal law of the Republic of Belarus.
Who is an official in the law of the Republic of Belarus?
On the territory of the Republic of Belarus there is a law called “On the fight against corruption”, and it is in it that the basic concepts are described. These include corruption, an official, subjects of corruption offenses and others.
Let us dwell in more detail on the concept of an official in the criminal law of the Republic of Belarus. The concept given in the above law applies to the criminal law field. An official means a person who temporarily, permanently or by special authority performs functions similar to those described above. This also includes categories of citizens who can give orders, orders, instructions to persons who are not directly dependent on them. By and large duplicated the concept prescribed in the Russian criminal law, that is, there are no fundamental changes.
Categories of officials in the Republic of Belarus
An official in the criminal law of the Republic of Belarus implies several categories, which together form a full-fledged institution. Each of these categories is separate and independent of each other:
- government representatives, for example, deputies of the House of the National Assembly or deputies of local authorities;
- representatives of the public (people who carry out policing) - various patrols;
- persons with special authority, for example, chiefs of military units;
- representatives from other states, for example, a Russian judge, judges of international courts.
We note the peculiarity of the criminal law of this state, which consists in the fact that citizens of foreign states are on the general list: they are not dressed in a special group that is different from others. Under them are also understood those people who are actively working in international bodies. In Russian criminal law, this category is excluded from the general concept of an official, which is given in the Criminal Code. This indicates the characteristics of each system of laws.