THE CONCEPTUAL MEANING OF THE CONCEPT OF "CRIMINAL MISCONDUCT" IN THE CRIMINAL LAW OF RUSSIA AND GERMANY: A COMPARATIVE ANALYSIS

Abstract

The purpose of the study. The proposed article presents an analysis of the conceptual meaning of the category of criminal misconduct in Russia and Germany in order to demonstrate the "foreignness" of the offense for the Russian criminal legislation. The article points out the fundamental differences between its proposed designs by the Supreme Court of the Russian Federation and the design of a misdemeanor in the Criminal Code of Germany. Conclusions. The authors conducted a sociological survey of 62 respondents on the expediency of introducing the category in question into Russian criminal law, the result of which is a statement of awareness by persons both with and without higher legal education of its "foreignness" for Russian criminal law. The article shows that a criminal offense contradicts the material concept of a crime in the Criminal Code of the Russian Federation and other criminal law institutions and norms of Russian criminal law based on the category of public danger of crime and personality. The authors also conclude that the category of misconduct is insignificant for both the legislator and the law enforcement officer in Germany. While the consolidation of a criminal offense in the Russian criminal legislation will entail serious and at the same time scientifically unjustified changes in it.