Exceeding power or official authority – law enforcement agencies – lawyer under Article 365 of the Criminal Code

Recently, the number of cases related to accusations under Article 365 of the Criminal Code of Ukraine - abuse of power or official authority - by law enforcement agencies has increased. We are talking about intentional actions by representatives of law enforcement agencies that go beyond the powers and rights granted to them. If you or your loved ones need help on charges of abuse of power or official authority, the lawyers of "PRIKHODKO&PARTNERS" will help you with this.

Criminal actions under Article 365 of the Criminal Code of Ukraine

The main object of the crime under Article 365 of the Criminal Code of Ukraine is the established order of official activity in law enforcement agencies. An additional mandatory object is the dignity and health of the person.

The objective side of the excess of official authority or power:

1. Taking actions that go beyond the rights or powers granted to a law enforcement officer.
2. Socially dangerous consequences associated with significant damage to the rights and interests of a person or the occurrence of serious consequences.
3. The relationship between action and consequences.

The content, nature and scope of powers, as well as the methods and conditions of their implementation are determined directly by the official competence of the person. All this is fixed in the relevant normative acts.

In order to resolve the issue of whether the actions taken by a law enforcement officer go beyond his authority, it is necessary to find out which normative provisions regulate them and which of them was violated by the accused in a specific situation.

Liability under Article 365 of the Criminal Code of Ukraine

Liability under Article 365 of the Criminal Code of Ukraine arises if the actions of an official were regulated by his official position and are directly related to his official (official) powers. In the absence of such a connection, the actions taken cannot be considered as an excess of power. If there are appropriate grounds, such actions are qualified under other articles of the Criminal Code of Ukraine related to crimes against the person, public order, property.

Article 365 is a general norm in relation to other articles that provide for responsibility for abuse of power by representatives of law enforcement agencies. The qualification of a person's actions in these crimes under Article 365 is possible only if there is a real totality and justification of these actions.

Punishment under Article 365 depends on the nature of the crime. It may be:

1. Deprivation of liberty for a term of up to 5 years - for committing actions related to exceeding power and official powers.
2. Deprivation of liberty for a period of 3 to 8 years with a ban on holding a relevant position for a period of 3 years - for committing actions related to the abuse of power and official powers and the use of violence.
3. Deprivation of liberty for a period of 7 to 10 years - for committing actions that led to particularly serious consequences.

Why "PRIKHODKO&PARTNERS"?

"PRIKHODKO&PARTNERS" lawyers will be able to protect the rights of suspects under Article 365 of the Criminal Code of Ukraine - abuse of power or official duties by representatives of law enforcement agencies. For this, we have the necessary practical experience.

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