The regulation of liability for murder in legislations of Russia, Kazakhstan, Kyrgyzstan and Mongolia: comparative legal study
The comparison of criminal legal rules providing for the punishment for a classified murder in legislations of Russia, Kazakhstan, Kyrgyzstan and Mongolia enables us to speak about a considerable similarity when regulation of liability for such a crime is under consideration. This similarity manifests itself in the wide range of circumstances constituting murder, the coincidence of their contents, and the concentration of the characteristics of murder within the framework of one part of the Article on liability for murder. The Criminal Codes of the above states contain 12 fully coinciding types of aggravated murders. However, the same legal terminology used for the description of this or that type of murder in national criminal legislations does not mean that there are no differences in the interpretation of characteristics of murder in the legal practices of particular states. A number of classifying characteristics can be referred to the legislation of only one or several states above (e.g. the commission of murder on political or ideological antagonism- to the Criminal Code of the Russian Federation; the commission of murder in emergency or rioting - to the Criminal Code of Kazakhstan). According to their social danger, all types of murder in legislation of each country are considered equal and are enshrined in one part of the Criminal Code Article. Legislators do not give a more profound differentiation of liability by means of pointing out the most classifying characteristics. The punishments for murder are constructed in different ways. The minimum limit for imprisonment is a matter of essential differences. The analysis shows that the Criminal Codes of Kazakhstan and Mongolia have the most successful variant in constructing sanctions when the minimum limit for imprisonment for murder coincides with the maximum one for manslaughter. Thus, the sanctions for manslaughter and murder do not coincide but adjoin. Such an approach should be taken into account as a positive lawmaking experience in the development of our legislation on liability for murder.
Keywords
квалифицированное убийство, уголовная ответственность, наказание, уголовное законодательство стран Азии, сравнительно-правовое исследование, murder, criminal liability, punishment, criminal legislation in Asia, comparative legal studyAuthors
Name | Organization | |
Plaksina Tatyana A. | Altai Academy of Economics and Law (Barnaul) | plaksinata@yandex.ru |
References

The regulation of liability for murder in legislations of Russia, Kazakhstan, Kyrgyzstan and Mongolia: comparative legal study | Tomsk State University Journal of Law. 2015. № 3(17).