COMPARATIVE-LEGAL STUDY OF THE INSTITUTE UNFINISHED CRIME UNDER CRIMINAL LEGISLATION OF THE CIS COUNTRIES

Author(s):  S.N. Bezugly, candidate of Sciences, Belgorod National Research University, Belgorod , Russia, bezugly@bsu.edu.ru

E.A. Ignatenko, candidate of Sciences, associate Professor, Belgorod National Research University, Belgorod , Russia

Issue:  Volume 44, № 1

Rubric:  Actual Problems of Legal Regulation

Annotation:  In the article the comparative law research of institute unfinished crime through the analysis of the concepts of preparation for a crime and attempt to commit a crime under the legislation of the CIS countries. The study identified the common features of all the laws that characterize the preparation and attempt, as well as the specific features unique to specific criminal laws. The legislation of the CIS countries contains a wide range of objective and subjective signs of inherent unfinished crimes. In particular, the specification of the subjective side in the form of direct intent, an extended list of objective signs of preparation for a crime, the division of the assassination into the finished and unfinished. Legislative approaches to the limits and methods of criminalizing unfinished crimes are investigated. Revealed that partially criminalized not only the preparation of a crime, but also an attempt to commit a crime. On the basis of a comprehensive analysis of the unfinished crime institute it concludes that it is possible to adopt some practical experience in order to improve the standards of the test institute.

Keywords:  unfinished crime, crime preparation, attempted crime, crime stages, criminalization of unfinished crime

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