Responsibility for Abuse of Personnel in the Implementation of Public Defense Order: Comparative Aspect

Abstract

The article discusses the quality of the construction of the norms of the criminal law, provided for by Articles 2011 and 2854 of the Criminal Code of the Russian Federation, which establish criminal liability for abuse of authority in the performance of the state defense order. The difficulties arising from the application of the studied norms are highlighted, the issues of a possible judicial interpretation of the characteristics of the indicated offenses, as well as the position of modern scientists on this issue are considered. Foreign experience is also being studied: the legislation of the United States of America and the Federal Republic of Germany is being analyzed. Based on this, the author concludes that the considered articles of the Criminal Code of the Russian Federation have a number of significant gaps and contradictions that can have a significant impact on the emerging practice of their application, therefore, formulates his own proposals for their elimination.