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.


References in periodicals archive ?
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.
Keravnou was charged in May with abuse of authority, influencing an authority, fraud, and breach of trust, drafting a document without authorisation, and circulating the document.
Head constable Ijaz Ahmad was dismissed from service on charge of abuse of authority.
Applications will only be considered from companies that are able to supply staff with the appropriate experience and credentials, preferably with exposure to conducting complex investigations which may have involved one or more of the following: complex financial fraud and abuse, corruption, misappropriation, and mismanagement, abuse of authority, maladministration, waste of financial resources and human rights violations.
After initially insisting it could not provide the information, the force eventually released data which showed 13 police officers and one civilian staff member had been accused of abuse of authority through sexual exploitation during that period.
Copies of the suit (#2015-370) filed with the Supreme Court of the State of New York Appellate Division: Second Department, alleging Delhomme's ongoing pattern of misconduct and abuse of authority, will be distributed.
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.
was suspended for abuse of authority after he spied on a friend's girlfriend eight years ago.
The Bar Association has been receiving complaints from relatives, friends and letters addressed directly by the detainees to its office bearers pointing out prevalent malpractices and abuse of authority in jails, the report said.
Special site inspections are usually carried out based on requests by the Commission for Investigation of Abuse of Authority, complaints by individuals or news reports.
On November 27, the president signed the Whistleblower Protection Enhancement Act, which protects government employees from retaliation when disclosing evidence of gross mismanagement, gross waste of funds, or abuse of authority within the government.