Antohina, A.B. Security measures in the Roman-German (Continental) legal system

Abstract: The article concerns topical issues of legal regulation of security measures in criminal legislation of the states within the system of Continental law. According to part 2 of the Art. 2 of the Criminal Code of the Russian Federation of 1996 reaction of a state on a commission of a crime is assigning a punishment or other criminal legal measures to such a person. The criminal aw measures are provided both in the Russian legislation and in the legislations of most of the states in the world. Critical analysis of the legislation of the states of the Roman-German legal system allows us to draw a number of conclusions and make a number of notes. Just like in the Russian legislation, in these states security measures are alternative to the punishment. At the same time, it is a common defect of the Russian law and the law of the European states that there is no unified legislative definition of the criminal law measures. Finding a solution to this problem would allow to resolve a number of theoretical and practical problems. It would allow for unification of the said criminal law measures, for the provision of general bases for their application and for the distinction between such measures and related forms of implementation of criminal responsibility (suspended sentence, release on parole, deferral of sentence, etc.). The comparative legal method of studies was used. Generally, the comparative analysis of the criminal law measures in Russian and European law allows one to state that in the Russian Federation this institution is not sufficiently developed and it acts within the limited scope of application, including only confiscation of property and the compulsory measures of medical character.

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