The Relation of Civil and Criminal Legal Qualification Abuse

Annotation Conclusion of the transaction by the sole executive body in excess of authority, limited by the Charter or internal documents, may entail both its invalidity (Article 174 of the Civil Code), as well as criminal penalty for abuse of authority (Article 201 of the Criminal Code). The objective sides of the mentioned articles are largely coincided which makes it difficult to differentiate tort from a crime. The present study research focuses on the definition of correlation between the civil and criminal legal qualification of abuse of authority. During the research we have studied issues of legal nature of authority, its origin and their types, as well as analysis of the corpus of transaction invalidity due to the excess of the charter limits and abuse of power. The study research establishes that specified articles are intersectional. Excess of authority may be qualified both a delict and a crime simultaneously. We have defined the following criteria for delimitation of the civil qualification from the criminal qualification of abuse of power: 1. The absence of intent aimed at the abuse of power; 2. The absence of specific purposes for abuse of authority; 3. The absence of significant damage / serious consequences as a result of abuse of power; 4. The lack of knowledge of the counterparty to the transaction about the restrictions imposed on the Director. In view of foregoing, we have proposed rules of separate qualification of excess of authority as a delict and as a crime as well as the rules of jointly qualification of excess of authority.