| Abstract [eng] |
The Master‘s paper provides analysis of one of the criminal actions in respect of the public service and public interest, which is defined in the Criminal Code of the Republic of Lithuania, namely the abuse. First of all, the author strives to present a detailed notion of the abuse and stress that this is one of the criminal activities, which has the subject with special characteristics – he is a public servant or a person with equal powers and obligations. By such activity one intends to infringe the interests of the public service and/or public interests, as well as other legitimate benefits. The paper describes a historical course of development of regulation of the abuse by criminal laws and stresses that liability for such actions was established as early as in Lithuanian Statutes, Criminal Statute of the Russian Empire of 1903, Criminal Code of the Russian Social Federal Republic of 1940, and Criminal Code of 1961. The detailed analysis of the objective features of the abuse is submitted. Abuse of the office is separated from the exceeding of powers; grave harm, self interests and other compulsory features are described. Moreover, a great part of the paper is attributed to a definition of the subject of the crime and analysis of subjective characteristics. The arguments are based on the practice of the Supreme Court of Lithuania. In a separate part of the paper the abuse is compared to certain other criminal activities that are described in the Criminal Code. Hereby the author strives to submit other major criteria that permit the person, who enforces the criminal laws, to properly choose the article of the Criminal Code as the basis for qualification of criminal activity. Examples from criminal laws of the Russian Federation, Poland, Latvia, Estonia, Germany and France are also submitted for comparison. |
