Abuse of Authority

Abuse of Authority 

in Soviet law one of the forms of the misuse by a public officer of his official position.

Depending on the extent of public danger, abuse of authority is considered as an official crime or disciplinable offense. According to the Criminal Code of the RSFSR (art. 170), abuse of authority or misuse of an official position (that is, an intentional use by the public officer of his official position contrary to the interests of the public) is a crime if it was committed for mercenary or other personal interests and caused a substantial damage to the state or public interests or to the legally protected rights and interests of citizens. A more severe punishment is provided for abuse of authority or misuse of official position if serious consequences resulted (such as damage to public health or considerable financial loss). Abuse of authority or misuse of official position in connection with the removal without compensation of governmental or public property is qualified as misappropriation. In the absence of any mercenary or other personal motivation in the action of the public officer, or if no substantial damage was inflicted to the state or public interests, the abuse of authority is considered as a disciplinable offense and is punishable under administrative procedure.

The abuse of authority should be distinguished from transgression of authority (actions intentionally committed by the official and obviously beyond the limits of the power and authority vested in him), as well as from negligence.

V. F. KIRICHENKO