of December 26, 2003 No. 15
About court practice on cases on exceeding of the power or office powers
According to Art. 19 of the Constitution of Ukraine public authorities and local government bodies, their officials shall act only on the basis of the, within powers and method which are provided by the Constitution and the laws of Ukraine.
Exceeding of the power or office powers is dangerous crime which is committed in the field of office activities and encroaches on the rights and interests of certain citizens, interests of legal entities, the state and public concerns protected by the law.
Courts generally solve cases on such crimes with observance of requirements of the law. However in their activities there are also shortcomings connected with the wrong understanding of the objective party and the qualifying signs of this crime, its dissociation from adjacent crimes. Mistakes in case of assignment of punishment are made.
For the purpose of ensuring identical application by courts of the legislation for the specified category Plenum Supreme to Court of Ukraine DECIDES:
1. Draw the attention of courts that due implementation of justice on cases on exceeding of the power or office powers shall promote as much as possible protection of the rights protected by the law and interests of certain citizens, interests of legal entities, the state and public concerns, to strengthening of legality and law and order.
2. By hearing of cases about exceeding of the power or office powers courts according to requirements of Art. 161 of the Code of penal procedure of Ukraine (further - the CPC) shall, keeping objectivity and objectiveness, to create necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them, in particular concerning clarification of all actual facts of the case; the official position and circle of powers of the person accused of crime execution; motive, the purpose and nature of committed actions, their communication with official position of the specified person and effects which came; data which characterize this person, his behavior before crime execution.
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