This scientific article describes whether actions related to official position should be performed when using legal and factual opportunities, including actions (inaction) that are within the competence of an employee, as well as actions (inaction) based on reputation. services, the human right to information. In addition, the author emphasized that the performance or non-performance of the action must be illegal in nature or contradict the legitimate interests of the enterprise, organization, institution and body in which the employee works.Keywords: object, official, subject of a crime, interest, act, state body