
Formation, development and current state of the system of the Special part of the criminal legislation of the Criminal code of France
Author(s) -
Viktoriya Sizova
Publication year - 2021
Publication title -
vestnik sankt-peterburgskogo universiteta mvd rossii
Language(s) - English
Resource type - Journals
eISSN - 2949-1150
pISSN - 2071-8284
DOI - 10.35750/2071-8284-2021-1-137-145
Subject(s) - legislation , criminal code , criminal law , law , political science , criminal procedure , theory of criminal justice , legislature , criminal justice
he study of the formation of the system of special part of the French criminal law is relevant. The importance of the research is determined by foreign experience value from the point of view of formation and development of criminal law norms. The latter regulates criminal prosecution for specific criminal acts from the perspective of economic development of the country. It enables us to draw a conclusion to implement a positive French experience into Russian criminal legislation. The main idea of this work is to study the main stages of the formation and development of the system of the special part of criminal law of France comitting reviewing in detail specific groups and types of criminal acts, which is not possible in one publication and will form the basis of the author’s subsequent publications.
Problem statement. The criminal law of France today is an example of unification and harmonization of the criminal law system of European countries. Thus, for effective structuring of elements of the Special part of the Russian criminal legislation, it is necessary to study the experience of the special part of the French criminal legislation formation.
The aim of the paper is to develop a scientific understanding of the main stages of the formation and evolution of the system of the special part of criminal legislation in the context of a possible design of certain provisions of the system of Russian criminal law based on the study of the experience of legislative presentation of specific criminal law norms in the Criminal Code of France.
Research methods: dialectics, analysis, comparative legal, system-structural, formal-logical, specifically historical.
Results and key conclusions: it should be noted that at the present stage of its development the Russian criminal legislation is not a perfectly structured system. This statement has been proved by a range of researches carried out by different specialists during recent years. In this regard, it was established that to improve the effectiveness of legal and technical design of the provisions of the Special part of the national criminal legislation, it is extremely important to refer to foreign experience taking into account conflicts of foreign criminal law norms and gaps made in the systematization of certain provisions of the Special Part.