ОСОБЕННАЯ ЧАСТЬ ЗАРУБЕЖНОГО УГОЛОВНОГО ПРАВА: ПОНЯТИЕ , СИСТЕМА И КРИТЕРИИ ПОСТРОЕНИЯ

Abstract

This article analyzes the concepts, systems and design criteria of the Special Part of the criminal law of foreign countries. According to the author, especially of the foreign criminal law, as its structural element is a set of (system) institutions and norms that define the concept and features of specific crimes and establish penalties for committing them. Features of the part of the foreign criminal law is derived from two of the subfamily-tems: 1) codified (main), provided by the Criminal Code; 2) Necoda-tified (auxiliary) provided a multiplicity of other formal sources (special criminal laws or regulations other industry sector, and in some cases and case law). Criteria for the construction of the Special Part of the foreign criminal law are determined on the basis of community facilities criminal attacks and their importance in the hierarchy of social values, officially adopted in a given society and the state. In terms of content, especially of the criminal law of various foreign countries, on the one hand, has the versatility and unity in the main - in the terms of common crimes, which form its “core”. On the other hand, it differs quite pronounced invariance, ie, specificity in the amount ofcriminalization, the degree of differentiation of criminal responsibility and the level of penalty for their actions. The algorithm of the Special Part ofthe foreign criminal law at the present stage is modeled as follows: in the framework of its codification in general prevails under decodification, criminalization - under decriminalization, penalization - under decriminalization. Currently, gradually changing the concept (ideology) of the Special Part of the Criminal Law, the border - line, which is manifested primarily in changing the vector of values of criminal law protection: (from the state - for the individual). In addition, the continued process of convergence of different criminal legal systems (primarily European and Anglo-American).