COMPARATIVE LAW IN THE FIELD OF CRIMINAL LAW
Journal Title: Актуальні проблеми вітчизняної юриспруденції - Year 2018, Vol 1, Issue 6
Abstract
The article analyzes issues that emphasize the need for comparative legal studies of both the traditional direction of scientific analysis and the rather new scientific trend, which is determined by the current complex international integration processesglobally. Consideration of that problematicissue allows identifying the ways comparative law can be used in: as an independent direction of scientific knowledge and as a specific method of research. This largely depends on how an object and a subject of comparative law are defined, as the established definitions are of a controversial nature. These general definitions have their manifestations when conducting research at the level of a specific branch of law, in particuler – in the sphere of criminal law. It should be emphasized that comparative legal research in the field of criminal law is to be employed not only for the national needs, it as well has the impact on the cooperation of Ukraine with other countries, supranational institutions, public organizations and other structures in the field of combating crime. Comparative criminal law has its own functions, in particular: scientific-cognitive, practical-applied, integration, educational, etc. It is important to bear in mind that research conducted in this area of law may be of a general nature, as well as they may be conducted to carry out a comparative legal analysis of certain types of crimes, incleding, for example, sexual offenses. Analysis of that type of crimes shows that, along with the features common to all crimes, they have their own specificfeatures, their own determinants, etc. For example, the determinants of sexual crimes largely depend on the moral state in society, ideology, the psychological characteristics of the subject of this crime etc. Therefore, when conducting comparative legal theoretical studies, it is necessary in general terms to understand and be prepared to explain the essence and content of the basic legal concepts, categories, institutions, characteristic of different legal systems, to apply the existing methods of comparative analysis etc.
Authors and Affiliations
Д. І. Бакаєв
Keywords
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