Abuse of authority that led to serious consequences (problems of interpretation and differentiation from related crimes)

The article examines the interrelated issues of interpretation and application of the prohibition on abuse of authority, which has led to grave consequences, provided for in part 2 of Article 201 of the Criminal Code of the Russian Federation, as well as some problems of distinguishing this crime from some related crimes. The author draws attention to the increase in recent years in the share of acquittals among all verdicts issued by Russian courts in cases of abuse of authority. The most important provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 21 dated June 29, 2021, “On Certain Issues of Judicial Practice in Cases of Crimes Against the Interests of Service in Commercial and Other Organizations (Articles 201, 2011, 202, and 203 of the Criminal Code of the Russian Federation)” (Resolution of the Plenum No. 21), which provide explanations on certain features of the qualified composition of abuse of authority and on the issues of distinguishing it from related crimes, have been analyzed. The article examines certain controversial provisions and gaps in the Resolution of the Plenum No. 21 in terms of the qualification of abuse of authority and formulates proposals for minimizing the identified shortcomings. Тhe author proposes a broad professional discussion with the participation of relevant government agencies, the legal community, business, and scientists to consolidate the position of experts on improving the criminal policy against abuse of authority.