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 Commission for the Investigation of Abuse of Authority (CIAA) has arrested Raj Kumar Rauniyar , Vice Chancellor of BP Koirala Institute of Health Sciences (BPKIHS) red-handed with bribe amount Rs 0.8 million from his own chamber, BPKIHS Dharan.
Last year NAB had authorised investigations against former Prime Ministers Shahid Khaqan Abbasi and Nawaz Sharif for their alleged involvement in corruption and abuse of authority. Investigations were started against Abbasi for awarding LNG contract to favourite company.
Aside from graft, other complaints include grave abuse of authority and conduct prejudicial to the interest of the government.
The EBM has accorded approval to file references, conduct investigations and inquiries against different personalities pertaining to corruption, resources beyond known income, abuse of authority and inflicting phenomenal losses to national kitty,
They have been accused of appointing Musharraf Rasool as Chairman PIAC in violation of rules by sheer abuse of authority. This inflicted significant loss on the national exchequer.
They have been accused of abuse of authority and awarding a contract of Diplomatic Shuttle and Transport Service illegally, which inflicted a loss of Rs408.32 million on the national exchequer.
The Khyber-Pakhtunkhwa office of the National Accountability Bureau (NAB) has arrested the provincial director Archaeology and Museums, Abdul Samad for alleged abuse of authority".It has been reported that the accountability watchdog had received a complaint against the officialpertaining to corruption and misuse of power.
Labor Secretary Silvestre Bello III said he will be seeking the dismissal of Presidential Anti-Corruption Commission Commissioner Manuelito Luna for alleged grave abuse of authority.
"What the congressman and themayor did was abuse of authority and a display of arrogance, a conduct unbecoming of men in authority and well-deserving of punishment," Antildeo said.
The Prosecutor's Office of Bosnia and Herzegovina and the State Investigation and Protection Agency (SIPA) conducted this morning an arrest and search in the framework of activities in the processing of suspects for abuse of authority and corruption.
According to him, it had also been established that the PSO management was involved in abuse of authority in entering into an illegal contract for supplying petroleum products to PSO with Byco Oil Pakistan Limited (BOPL) in 2012.