SECURITY MEASURES: legislative regulation in Russia and abroad
( Pp. 116-124)

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Minyazeva Tatiana Fedorovna d-r yurid. nauk. Dolzhnost: professor. Mesto raboty: Rossiyskiy universitet druzhby narodov. Podrazdelenie: kafedra ugolovnogo prava i processa.
Russian peoples’ friendship university Abdikarim AliAhmed aspirant. Mesto ucheby: Rossiyskiy universitet druzhby narodov. Podrazdelenie: kafedra ugolovnogo prava i processa.
Russian peoples’ friendship university Serebrennikova Anna V.
Lomonosov Moscow State University
Moscow, Russian Federation
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Abstract:
The goal of article. The article discusses other measures of criminal law in Russia, Germany and Somalia. Reveals the basis and criteria for their application. The authors define the similarities and differences of these measures in different countries, their distinction with punishment. Method. The comparative method used in this article enables better understanding of Russian criminal law’s rules and also determines the main direction of Russian criminal law’s development. Results of study. It is noted that in different countries of the security measures (this is the more common of their term) are called differently. For example, in Germany they are called "measures of hotfixes and security" (§ 61-70 criminal code of the Federal Republic of Germany), Italy, Spain, Somalia - security measures (art.article 202-228 of the criminal code of Italy; art. senior 95-105 of the Spanish criminal code; Art. Art. 162-180 MC Somalia), in Russia - other measures of criminal law (Art. Art. 90,91, 97,99, 1041,1042,1043 of the criminal code); in Austria - "precautionary measures" (articles 21 to 25 of the criminal code of Austria) and others [1,S. 271]. Criminal law does not define the security measures. The article emphasizes that the generalized analysis of the regulations on security measures, the grounds, conditions and purposes of their application, similarities and differences from punishment, legislative regulation of this institution in foreign countries can formulate their definition as set forth by the criminal law of preventive measures applied by the authorized bodies to a person who was socially dangerous because of his mental condition or propensity to use drugs, minority or not reached the age of criminal responsibility and in restricting their rights and freedoms until isolation from society in order to prevent the Commission of such person socially dangerous acts and (or) its cure, or improve mental state". The article is about that, in connection with the RF criminal law reform studying the experience of foreign countries, including Germany, the legislative design Institute measures to repair (and security) appears to us to be quite interesting and necessary. The originality and practical value. This article can be of interest for students, PHD-students and everybody who is interested in German criminal law.
How to Cite:
Minyazeva T.F., Abdikarim A.., Serebrennikova A.V., (2016), SECURITY MEASURES: LEGISLATIVE REGULATION IN RUSSIA AND ABROAD. Gaps in Russian Legislation, 2 => 116-124.
Reference list:
Dodonov V.N. Sravnitel noe ugolovnoe pravo. Obshchaya chast . YUrlitinform .M.2009.
Krylova N., Serebrennikova A. Ugolovnoe pravo zarubezhnykh stran (Anglii, SSHA, Frantsii, Germanii) M.: 2009.
Kuznetsova N.F. Vel tsel L. Ugolovnoe pravo FRG. M.,1980.
Reshetnikov F.M. Ugolovnoe pravo zarubezhnykh gosudarstv. Vyp. 4. Nakazanie. M, 1975.
Ugolovnoe pravo zarubezhnykh stran. Obshchaya i Osobennaya chasti :uchebnik /N. A. Golovanova, V. N. Eremin, M. A. Ignatova i dr.; Pod red. I. D. Kozochkina. -3-e izd., pererab. i dop., ucheb. - M. :Volters Kluver, 2010.
Ugolovnoe pravo zarubezhnykh stran. Obshchaya i Osobennaya chasti: uchebnik dlya magistrov / Pod red. N.E. Krylovoy. 4 izd / N. Golovanova, V. Eremin, M. Ignatova i dr. - YUrayt Moskva, 2013.
The Constitution of the Democratic Republic of Somalia, Mogadishu 1960.
Ganzglass, Martin R. The Penal code of the Somali Democratic Republic; with cases, commentary and examples. New Brunswick, N.J. 1971.
Paolo Contini. Integration of Laws in the Somali Republic. Mogadiscio, 1964.
The Criminal Procedure Code of Democratic Republic of Somalia. Mogadishu, 1963.
The Penal code of the Somali Democratic Republic, Mogadishu, 1962. Xeerka ka hortaga argagaxisada. Muqdisho, 2007.
Statistisches Bundesamt, Strafverfolgung 2009, Vollstaendiger Nachweis.
Keywords:
right, other measures of criminal-legal nature, purpose of security measures, socially dangerous person, Russia, Somalia, Germany, crime, punishment, legal consequences of the act, security measures.


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