On the issue of criminalization of preparatory actions in the criminal legislation of foreign countries (comparative analysis)

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 actions; – 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.

Keywords: criminal law; criminal liability; preparation for a crime; incitement; collusion; grave crimes; especially grave crimes