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Abuse of Authority in a Profit-making or any Other Organisation

Student: Ekaterina Solodovnikova

Supervisor: Gennady Esakov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

Against the background of an increase in the number of crimes in the economic sphere in Russia, in recent years, state control over entrepreneurial activity has increased. One of the indicators of this fact is the bringing of entrepreneurs to criminal responsibility for various types of theft: fraud, embezzlement and abuse of authority. Interest for the purposes of writing this work is art. 201 of the Criminal Code of the Russian Federation, establishing criminal liability for abuse of authority in commercial and other organizations. The damage from the abuse of powers can be significant both for the state and citizens, and for legal entities. At the same time, the corpus of abuse of authority is material and contains such assessment categories as “substantial harm” or “grave consequences”, as well as the category “legitimate interest of an organization” that is not defined in law. Thus, the main purpose of this work is to determine the scope of art. 201 of the Criminal Code, which is why in the study special attention is paid to the analysis of existing doctrinal positions on the problem of abuse of authority; the establishment of a relationship between the categories in the disposition of Art. 201 of the Criminal Code with categories in civil law, as well as the analysis of the practice of courts of general jurisdiction and the Supreme Court of the Russian Federation for “determining the boundaries of assessment categories”. As a result of the study, the main risks of bringing the management of organizations to criminal liability under this article were identified.

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