Comparative Legal Analysis of the Institution of Circumstances Precluding Criminality in Russian and Anglo-American Criminal Law

Student: Koshcheeva Viktoriia

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2019

In the theory of criminal law, there are numerous discussions regarding the legal nature of circumstances precluding the criminality of an act, but so far no uniform approach has been formed to its definition. Consequently, there is a need to analyze the specified criminal law institution, as well as to search for possible ways to change it, supplement it, and improve it, including by adapting foreign law institutions or enriching the experience of foreign law enforcement decisions taking into account the peculiarities of the legal system. This study examined the circumstances precluding the criminality of an act in Russian and Anglo-American criminal law, and also revealed the particularities of this criminal law institution in the two legal systems with the aim of introducing possible changes in the regulation of circumstances established in Chapter 8 of the Criminal Code of the Russian Federation. As a result of the study, the author identifies a number of trends in the development of the institution of circumstances precluding criminality in Russian criminal law, taking into account the specific features of this criminal law institution in Anglo-American law, and proposes new articles for inclusion in the list established by Chapter 8 of the Criminal Code of the Russian Federation.

Full text (added May 10, 2019)

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