PREVENTING AND COUNTERING CRIMINAL OFFENSES AGAINST GERMANY'S ECONOMIC SYSTEM: LEGAL ANALYSIS OF CRIMINAL LEGISLATION

Abstract

The article is devoted to the legal analysis of German criminal legislation regarding the prevention and counteraction of criminal offenses against the economic system, which is relevant in the conditions of reforming the domestic legal system and taking into account the European integration processes. Currently, the Criminal Code (Articles) of 1871 in the version dated 1.01.75 is in force in Germany. It, like the Criminal Code of Ukraine, is structurally divided into General and Special parts, consisting of 35 chapters and 358 paragraphs. "The Criminal Code of the Federal Republic of Germany of 1871 establishes a classification that divides actions into crimes (Verbrechen) and misdemeanors (Vergehen). It lacks the concept of punishment, its goals and system, the chapters devoted to penal policy begin with the description of the main types of punishment. When formulating the dispositions of the articles of the Special Part, the German legislator, in contrast to the technique of the Criminal Code of Ukraine, proceeds not from the theory of punishment of the act, but from the theory of punishment of the perpetrator. Analyzing the presented data on sanctions for criminal offenses against the economic system in the German Criminal Code, it is worth emphasizing that the legislator can set both minimum and maximum terms of imprisonment. An important provision of the legislation is a special approach to determining sanctions for criminal offenses against the economic system. This article presents the systematization of the norms of the Criminal Code of the Federal Republic of Germany, which define criminal acts in the field of economy. The content and structure of this normative legal act regarding crimes against the economic system were analyzed, it was established that these crimes are defined in the structure of various sections, and crimes in the economic sphere were characterized in accordance with the Criminal Code of the Federal Republic of Germany. The purpose of the legal analysis is to take into account the experience of Germany in reforming criminal legislation.