The analysis of modern criminal law indicates the absence of a unified approach to the
problem of the punishability of preliminary criminal activity.
The author revealed that the criminal law of foreign countries has similarities and
differences with the Russian criminal law system. In the article foreign legislative systems
are conditionally divided into those in which preparation as a criminally significant
phenomenon is not reflected in the criminal law, and those in which it is regulated.
Based on the comparative legal analysis of foreign and domestic legislation the author
formulates proposals about some amendments to the Russian criminal law:
– preparation as an independent type of unfinished crime should be singled out in a
separate article of the General Part of the Criminal Code of the Russian Federation;
– in the concept of preparation indicate that it can only be committed by deliberate
– criminalize preparatory actions, including for crimes of moderate gravity.
It is noted that the above proposals for improving the preparation institution will remove
a number of discussion issues.
It is emphasized that one should not blindly fully follow foreign experience, it is necessary
to adequately perceive the positive aspects and use them in the law enforcement process.
Graduate Student of the University of the Prosecutor’s Office of the Russian Federation, Deputy Prosecutor of the Kaduy District of the Vologda Region.
, e-mail email@example.com
1. Kozlov A. P. Uchenie o stadiyah prestupleniya [The doctrine of the stages of crime]. St. Petersburg, 2002. 353 p. (In
2. Krylova N. E., Serebrennikova A. V. Ugolovnoe pravo zarubezhnyh stran (Anglii, SSHA, Francii, Germanii) [Criminal law of
foreign countries (England, USA, France, Germany)]. Moscow, 1998. 208 p. (In Russ.).
3. Kuznecova N. F. (red.) Prestuplenie i nakazanie v Anglii, SSHA, Francii, FRG, YAponii. Obshchaya chast’ ugolovnogo
prava [Crime and punishment in England, USA, France, Germany, Japan. General part of criminal law]. Moscow, 1991. 287 p. (In
4. Czyan Huejlin’. Osnovnye cherty Ugolovnogo kodeksa Kitajskoj Narodnoj Respubliki. Diss. kand. yurid. nauk [Key
Features of the Criminal Code of the People’s Republic of China. Diss. PhD. in Law]. Moscow, 1999. 179 p. (In Russ.).
5. CHernokozinskaya S. V. Prigotovlenie k prestupleniyu: ponyatie, osnovaniya i prichiny kriminalizacii, vliyanie na
kvalifikaciyu prestupleniya i nakazaniya. Diss. kand. yurid. nauk [Preparation for a crime: the concept, grounds and causes
of criminalization, the impact on the qualification of a crime and punishment. Diss. PhD. in Law]. Saratov, 2005. 205 p. (In