VANDALISM: A COMPARATIVE ANALYSIS OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION AND THE STRAFGESETZBUCH OF THE FEDERAL REPUBLIC OF GERMANY

The article presents a legal and semantic comparison of the articles on vandalism in the Criminal code of the Russian Federation and the Strafgesetzbuch of the Federal Republic of Germany, aimed at protecting public relations and public order from vandalism. The relevance of the research is determined by a small number of works devoted to this issue. The available works have either a psychological context, considering vandalism as a form of destructive behavior, or a general legal context, without focusing exclusively on the articles of the codes aimed at prevention of vandalism. The purpose of this study was to develop a holistic understanding of the term “vandalism” in different countries and the attitude to this offense in the legal systems of different countries. The methodology of the research is based on a comparative legal and semantic analysis of the relevant norms in the criminal legislation of the two countries. The study found that the criminal code of Germany does not include the concept of vandalism, which is most likely due to the history of its creation. In addition, the difference in understanding the object of the crime was stated: while in Russia it is public order and public relations, in Germany it is the relation of property. Not only articles related to vandalism were analyzed, but also articles that protect public order from vandalism-like offenses. Such offences in both codes include: hooliganism, desecration of graves and tombstones, desecration of ritual structures, military monuments and burials. The difference was revealed in the fact that in Germany, vandalism-related offenses are exclusively under the jurisdiction of the Criminal code, while in Russia they are also under the jurisdiction of the administrative Code. As a result, similarities and differences in the structure of legal norms and sanctions for non-compliance were identified. The prospect of further research on the legal status of vandalism in various countries is outlined.

offense, crime, vandalism, criminal law, Criminal Code of the Russian Federation, Strafgesetzbuch, hooliganism, destruction, desecration, penalty, imprisonment.

Blinova O. A., Devyatovskaya I. V., Babikova M. R., Isaev Yu. S. Vandalism: a comparative analysis of the criminal code of the Russian Federation and the Strafgesetzbuch of the Federal Republic of Germany. Business. Education. Law, 2021, no. 1, pp. 219—225. DOI: 10.25683/VOLBI.2021.54.130.