Abuse of official authority: the rule of law and accountability

Official authority is a responsibility to perform duties within the law, rather than a personal privilege. Decisions by managers and officials affect individual rights, organisational activities and public interests. Authority must therefore be exercised lawfully, with sound reasons and impartiality.

Article 205 of Uzbekistan’s Criminal Code establishes liability for abuse of power or official authority. It concerns intentional use of authority by an official of a state body, state-participating organisation or citizens’ self-government body that causes substantial financial damage or serious harm to citizens’ rights and lawful interests, or to state or public interests.

Abuse of authority must be distinguished from exceeding it. Abuse concerns unlawful use of existing powers, while Article 206 addresses intentional actions beyond the powers granted by law. Both require examination of the person’s legal status, authority, conduct and resulting harm.

Not every mistake, disputed decision or workplace disagreement automatically constitutes an official crime. Criminal liability requires proof of every statutory element. Depending on the circumstances, disciplinary, administrative or other liability may apply. However, the absence of a bribe does not itself establish that authority was exercised lawfully.

Penalties include fines, disqualification from certain rights, compulsory community service, correctional labour, restriction of liberty or imprisonment. Consequences and aggravating factors affect the punishment. Holding office does not provide protection from accountability.

Prevention requires clearly defined powers, documented decisions and review of their legal grounds. In educational institutions, transparent criteria and oversight in recruitment, spending, procurement and other management processes strengthen fairness. Where personal interests could affect impartiality, the issue should be addressed through established procedures.

If you believe your rights have been violated, preserve the decision, correspondence and other available information. Depending on the circumstances, contact a higher authority, the appropriate internal control unit, prosecutors or a court. Suspected corruption may also be reported to the Anti-Corruption Agency. The rule of law requires those holding authority to comply with the law themselves.