Keyword: «fine»

This article, using the comparative legal method, studies the system of punishment based on the criminal codes of such countries as the Russian Federation and Germany. The author draws our attention to the following facts: the absence of punishment concept in the German criminal law, the specifics of a number of criminal legal institutions of the German law, extended list of punishments in the criminal code of the Russian Federation in comparison with the punishments under the criminal code of Germany, as well as the absence of the specialized punishments in the criminal code of Germany that can only be inflicted on special subjects of crime.

The article presents a legal analysis of part 3 of Art. 20.1 of the Code of Administrative Offenses of the Russian Federation from the standpoint of compliance with the criterion of legal certainty and accuracy of using the term "insult" in relation to the attributes and symbols of state power. The author comes to the conclusion that violation of the requirement of legal certainty in clause 3 of article 20.1 of the Code of Administrative Offenses of the Russian Federation entails its arbitrary interpretation and can serve as an instrument of unreasonable restriction of freedom of speech and opinion in Russia.