Types Of Crimes Perpetration Of Which By Law Enforcement Officer Is Of Criminal And Legal Importance

Abstract

The article is devoted to the analysis of some problematic aspects of determining the types of crimes perpetration of which by a law enforcement officer is of criminal and legal importance; various scientific works related to this topic are analyzed.

The status of a law enforcement officer, who is an official, in many cases has criminal and legal value and affects both the qualification of the crime committed and the imposition of punishment. However, it should be noted that in the majority of cases such acts committed by law enforcement officers are too far from their law enforcement activities.

The article investigates crime composition that provides for criminal responsibility for committing crimes by law enforcement officers and delineates them, conditionally dividing the crimes into seven groups that can be committed by a law enforcement officer, and the status of a law enforcement officer is of criminal and legal importance directly in the last four groups.

Attention is drawn to the lack of a comprehensive study of the responsibility of law enforcement officials in the country and to the fact that the status of a law enforcement officer is of criminal and legal significance only in cases when a crime is committed in which according to the provisions of the Criminal Code of Ukraine, the subject of a crime is an official himself or when a law enforcement officer commits socially dangerous act, the subject of which is an official, or a qualifying feature of which is the commission of an act by an official using his or her official position, since the law enforcement officer is also an official performing the functions of a representative of the authorities.