PERSONS OF LAW ENFORCEMENT ORGANIZES OF STAFF OF CRIMINALISTIC CHARACTERISTICS OF TRANSFERS OF AUTHORITIES OR PERSONAL AUTHORITIES

Abstract

The article deals with the identity of law enforcement officers who exceeded authority or official authority as a key element of the structure of forensic characteristics of this variety of criminal offenses. It is noted that the determining factors in forensic characteristics are information about the age, gender, education, position of an official of the law-enforcement body, its powers, the nature of actions that clearly go beyond the rights or powers granted to it, the motives and purpose of the wrongful conduct. It is stressed that the implementation of the article is substantially complicated at the present time. 356 of the Criminal Code of Ukraine lack of a clear definition of the concept of "law enforcement agencies", as well as a single legal act, which would provide a complete and exhaustive list of bodies considered to be law enforcement, with their competence and authority. According to the results of the generalization of the forensic practice, it was concluded that the lion's share among those convicted of excessive authority or their official authority is made up of employees, whose function is to carry out secret investigative (search) actions, the search of the perpetrators, their detention, bringing to the next part of police departments, temporary detention, carrying out necessary procedural actions with them. The motives with which the law-enforcers exceeded power or their official powers include: service-savvy, "pseudo-service", careerist, violent, "ideological", frivolously irresponsible.