CRIMINAL-LEGAL CHARACTERISTICS OF THE NEGLIGENCE OF OFFICIALS UNDER THE LEGISLATION OF FOREIGN COUNTRIES

Authors

  • Arnold Yurievich Ryzhankou Могилевский государственный университет имени А.А. Кулешова

DOI:

https://doi.org/10.52026/2788-5291_2022_68_1_127

Keywords:

official crimes, official negligence, negligent performance of duties, officials, public servant

Abstract

This scientific article is devoted to the issues of criminal liability for official negligence in the legislation of foreign countries. The purpose of the existence of the state is the protection of human rights and freedoms, the preservation of state and public institutions, ensuring the internal and external security of the country, observing the established legal order. It is the proper activity of officials of state bodies and organizations of all forms of ownership that makes it possible to achieve these goals. To ensure the protection of state-protected public relations from the most serious manifestations of dishonest and negligent attitude of officials to their official duties, criminal liability has been established.

Within the framework of this study, the legal norms of the criminal laws of the states of Central and Eastern Europe (Poland, Latvia, Lithuania, Estonia, Serbia, Bulgaria), Western and Northern Europe (England, Germany, Austria, the Netherlands, Spain, Italy, Norway, Denmark, Sweden ), the Middle and Far East (Turkey, Israel, Japan, China, South Korea) in order to identify common features and characteristic differences in establishing criminal liability for negligence in service in the legislation of foreign countries that are not members of the CIS. The author defines the general and special compositions of reckless crimes of officials in the criminal law of foreign countries, identifies common features in the formation of qualifying signs of negligence, analyzes approaches to the legal nature of the subject of malfeasance, as well as the range and extent of penalties for official negligence.

Based on the results of the study, the author identifies general approaches to establishing criminal liability for official negligence in the legislation of the states of near and far abroad, and draws a conclusion about the movement in their line with the criminalization of official negligence in domestic legislation.

Published

30.03.2022

How to Cite

Ryzhankou А. Ю. (2022). CRIMINAL-LEGAL CHARACTERISTICS OF THE NEGLIGENCE OF OFFICIALS UNDER THE LEGISLATION OF FOREIGN COUNTRIES. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(68). https://doi.org/10.52026/2788-5291_2022_68_1_127