System of Criminal-legal Counteraction to the Interference into the Activities of the Law-enforcement Authorities

Abstract

The article considers the issues of differentiation of criminal responsibility for interference into the activities of the law enforcement officials. In accordance with the results of research the concept of system of criminal-legal counteraction to interference into the activities of the law enforcement authorities, relations between the constituent elements of this system and deficiencies in the legislature building have been clarified. The major shortcomings of the system concern the lack of specification of some concepts, such as «interference», «influence in any form». It has been found out that system of criminal-legal counteraction to interference into the activities of a law enforcement official is an integral part of the system of criminal-legal counteraction to interference into the activities of the state governmental bodies. Herewith the notion of this system can be defined as a coherent set of interrelated standards stipulated in section XV of the Special Chapter of the Criminal Code of Ukraine (articles 343, 345, 347, 348). These norms form a coherent unity of criminal-legal counteraction to interference into the activities of a law enforcement official. To specify the objective side of a crime provided for in Part I, art.343 CC of Ukraine it has been proposed to present dispositions of this article as follows: «Interference into the activities of the law enforcement authorities and state executive service employee aimed at obstructing the performance of the official duties or achieve adoption of illegal decisions». These changes provide an opportunity to consider those forms of interference into such activity, which are not limited to the influence in various forms but involve illegal participation in the activities which only a law enforcement officer is authorized to carry out. The elaborated interpretation of the notion promotes the unification of terminology used in the Special Chapter of the Criminal Code of Ukraine.