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Title of Article

FOREIGN EXPERIENCE OF USING THE CATEGORY OF «OBSTRUCTION» IN CRIMINAL LAW


Issue
5
Date
2019

Article type
scientific article
UDC
 
Pages
112-120
Keywords
 


Authors
Kovalev M.V.
Vserossiyskiy institut povysheniya kvalifikatsii Ministerstva vnutrennikh del Rossiyskoy Federatsii


Abstract
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.

File (in Russian)