Abstract:
Розглянуто причини та умови перевищення влади або службових повноважень працівником правоохоронного органу. Серед них визначено специфічні причини та умови, притаманні цьому злочину. Запропоновано заходи усунення окремих розглянутих причин та умов.
Description:
The author has studied causes and conditions of abuse of authority or official powers by a law enforcement officer. Among them are identified specific causes and conditions inherent in the crime. She has proposed means of addressing the individual examined the causes and conditions. It has been stated that the causes and conditions of crime are combined in criminology with the only generic term "criminogenic determinants". They are a set of socially negative, economic, ideological, psychological, organizational and managerial phenomena that give rise to and determine (determine) crime as a consequence. In criminological science, this means that the cause (s) determines (determine) the consequence - crime, and in a separate crime the action of the individual - the crime itself. Unlike a cause, a condition only helps to execute its action and is an environment, a facilitating environment contributes to the action of these causes. But the condition itself cannot cause the crime, it plays a supporting role, whereas the reason is dominant. It has been established that the reasons and conditions of abuse of power or official authority of a law enforcement agency should be attributed to both common factors for all crime (political, economic, social-psychological, ideological, legal factors, etc.), and specific to offenses in the field of official activity, in particular law enforcement. Specific factors can be divided into objective and subjective. Objectives include the lack of a clear delineation of the functions of law enforcement and other state bodies, gaps in legislation, legal illiteracy of the population, insufficient control by the relevant state bodies and the public over the activities of law enforcement agencies, unsatisfactory individually-educated work on the side and law enforcement units, the imperfect internal structure of these bodies and the system of personne selection both for training at departmental educational institutions and directly at fierceness, underutilization of the contract system of law enforcement. Subjective include professional deformation, low moral qualities of individual law enforcement officers.
