FORMS OF PREVENTING THE RECURRENCE OF CRIMES (ON THE EXAMPLE OF THE FEDERAL REPUBLIC OF GERMANY)
( Pp. 91-93)

Objectives: the aim of the research is to find in foreign legislation and penitentiary practice criminal legal institutions that provide a preventive function. In public branches of law one can observe greater universality than in private law. The legal institutions of the public branches of law are conditioned by common factors and are aimed at preventing crime. This circumstance allows us to conduct a scientific search, comparing the structural elements of law and taking into account its spirit and letter. The aim of publication is not only limited to the mechanical textual comparison of legal norms. It is also important to show the influence of the case law of international courts on the national legal system. Model: the methodological framework of the study was a comparative legal method, which is the basis for comparative law. The object of the study was the legal system of the FRG, which on the one hand has a national peculiarity that was formed in the process of the historical development of German law. On the other hand, it is clear that the national legal systems are experiencing a significant influence provided by the case-law of international instances. The subject of the study was the institution of preventive detention in the system of criminal sanctions. Conclusions: the order of execution of the preventive detention by the decision of the ECHR was found to be inconsistent with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. The legislator, guided by this decision and the decision of the Constitutional Court of the Federal Republic of Germany, changed the legal norms governing the procedure for the application of the preventive detention in the direction of easing the restrictions and widening the limits of the exercise of legitimate interests by the convicts. However, this only led to a short-term reduction in persons serving preventive detention. The trend observed over the past five years shows an increase of 20% in the number of convicts in relation to the pre-reform index. This once again confirms the relevance of the institution of preventive detention as a form of preventing the recurrence of crimes.

Ovchinnikov S.N., (2018), FORMS OF PREVENTING THE RECURRENCE OF CRIMES (ON THE EXAMPLE OF THE FEDERAL REPUBLIC OF GERMANY). Gaps in Russian Legislation, 2 => 91-93.

Frister G. Ugolovnoe pravo Germanii. Obshchaya chast . M., 2013. 712 s.
URL:https://www.bgbl.de/xaver/bgbl/start.xav bgbl 2F 2F 5B 40attr id 3D 27bgbl174s3427.pdf 27 5D 1485198437322
URL: https://dejure.org/gesetze/JGG/7.html
URl:https://www.destatis.de/DE/Publikationen/Thema-tisch/Rechtspflege/StrafverfolgungVollzug/Strafvollzug2100410177004.pdf blob publicationFile

forced measures of medical character, the execution of sentences, criminal law of Germany.