Keyword: «imprisonment»

Corruption as a negative social phenomenon today, arouses quite a significant interest in the scientific literature and practice. It is impossible sometimes to estimate the scale of corruption and corruption crimes negative impact on society due to their ubiquity. All the above mentioned determines the relevance of the chosen topic study, as well as the need to develop new and effective measures to combat corruption crimes.

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 is devoted to the analysis of Part 4 of Art. 128.1 of the Criminal Code of the Russian Federation, which provides for the qualifying composition of defamation as defamation that a person suffers from a disease that poses a danger to others. The author correlates Part 4 of Article 128.1 of the Criminal Code of the Russian Federation with Part 1 of Article 128.1 of the Criminal Code of the Russian Federation, which reveals the concept of libel and the criterion of «defamatory information», which is inherent in any defamatory dispute and concludes that part 4 of Art. 128.1 the criterion of legal certainty and the presence of a legal and technical flaw.