THE EXECUTION OF OFFICIAL DUTIES AS A SIGN OF INSULTING A REPRESENTATIVE OF AUTHORITIES

Abstract

A necessary sign to prosecute under Art. 319 of the Criminal Code of the Russian Federation is the commission of this crime in relation to a representative of authorities while in the execution of his duties or in connection with their execution. Judicial practice shows that the existence of two alternative features creates law enforcement problems. It is necessary to put aside the feature “while in the execution of official duties”, since it includes the broader feature “in connection with the execution of official duties”. The use by the legislator of the word “duties” in the term under considera-tion leads to the fact that if the representative of authorities realizes the rights, then insulting him at this moment does not entail criminal liability. Such an approach is unacceptable, since administration activities must always be protected, both while in the execution of duties, and while in the exercise of rights. In judicial practice, it is often indicated to the exercise of rights or powers but not to the execution of duties. Therefore, it is necessary to replace the term “official duties” by the term “official powers”.