The author focuses on the importance of the comparative method for studying criminal law norms of foreign countries and Russian criminal law when using the category of «obstruction» with the aim to further improve domestic law. A number of problematic aspects in the application of obstruction as a criminal-legal category of Russian law are identified. Some sources of criminal law norms of foreign countries that provide positive experience of using the category of «obstruction» are analyzed. The author concludes that in foreign criminal laws obstruction is contained in both general and special rules. In some cases, obstruction in the norms of criminal laws is a circumstance precluding the criminality of an act or is the basis for the release of a person from criminal liability, while in some other cases it provides for liability only for special types of acts.
|