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

References in periodicals archive ?
The EBM ordered the filing of references, conducting of inquiries, investigations and complaint verification against various accused people over corruption, abuse of authority and possessing assets beyond known sources of income.
The Osh regional court has launched a criminal case into forgery, power abuse, misappropriation of funds and abuse of authority by employees of commercial or other organizations after violations in construction of a kindergarten in Akjar village of Uzgen district, the General Prosecutor's Office reported.
Monica Lewinsky now thinks the affair was an abuse of authority
Chief of the Commission for the Investigation of Abuse of Authority (CIAA) Deep Kumar Basnet retired on the age ground on Monday.
Several local government officials have been dismissed permanently by the Ombudsman and barred from public service permanently for grave misconduct, unexplained wealth, abuse of authority and corruption.
Taking notice of the abuse of authority, non transparency and awarding the contract of constructing Karachi-Lahore Motorway on higher rates, he directed NAB Director General Rawalpindi to thoroughly probe the allegations, a press release said.
Summary: Kathmandu [Nepal], Jan 31 (ANI): The Commission for Investigation of Abuse of Authority (CIAA) is drafting a new anti-corruption law in a bid to prevent locals from engaging in corruption activities in government offices and Multi-National Companies (MNCs) in Nepal.
Summary: The Progressive Socialist Party Monday accused the Lebanese University and head of state owned telecom company Ogero of corruption, abuse of authority and embezzlement of funds.
In a 50-page consolidated decision, Ombudsman Morales found subst antial evidence to hold Purisma and former officials of the PNP Firearms and Explosives Office (FEO) liable for grave misconduct, serious dishonesty and grave abuse of authority
The MoE said Gyawali's decision says that the government, acting on the basis of a review held under the instruction of the Commission for the Investigation of Abuse of Authority (CIAA) and a review committee report created by MoE Joint Secretary Keshav Dhwaj Adhikari, could not agree with the ADB's assessment.
A court in Al-Baha has sentenced four prominent individuals at Al-Baha University to a combined jail term of four years for abuse of authority.
His parish is divided between those who care about justice, now abused in being denied use of parish facilities for a vigil for Radloff--another abuse of authority --and those who are habituated to praying, paying and blindly obeying, and, contrary to Pope Francis's instruction, not doing "everything to resist clericalism.