The article deals with the problem of establishing the circle of subjects of a crime where a
subsuming element in the definition is «with the use their official position». According to the results of the analysis of the Supreme Court clarifications, two criteria used to determine these subjects are identified: status-related and functional ones. It is concluded that they are reasonable. The author argues for the proposal
to recognize state and municipal officials as subjects of the use of official position solely on the basis of the functional criterion