On the Scientific Contribution of Professor F. M. Reshetnikov to the Creation and Development of Russian Comparative Studies
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On the Scientific Contribution of Professor F. M. Reshetnikov to the Creation and Development of Russian Comparative Studies
Abstract
PII
S1991-32220000622-3-1
Publication type
Personal
Status
Published
Authors
Anatoliy Naumov 
Occupation: Chief Researcher
Affiliation: University of the Prosecutorʼs Office of the Russian Federation
Address: Moscow, Russia
Edition
Pages
105-110
Abstract

In the general theory of law, comparative law is considered as one of the scientific methods used in jurisprudence. Modern geopolitical conditions, expressed in a sharp change in relations between Russia and the West, resulted in an armed confrontation and the conduct of a special military operation by our country in connection with the situation in the Donbass. The new geopolitical conditions imply a revision of many methodological foundations of criminal law (in its legislative, law enforcement and doctrinal aspects). The value of the contribution of Russian scientists in this field is beyond any doubt. The author of the article demonstrates this on the basis of recognition of the scientific merits of Professor F. M. Reshetnikov in the creation and development of Russian comparative studies.

The purpose of the study is to show the role and significance of the scientific works of F. M. Reshetnikov, who clarified the classification of the main schools in Russian criminal law science, traditionally reduced to three directions — classical, anthropological and sociological. The scientist singled out the enlightenment-humanistic direction preceding him from the classical direction, justifying this both by the time of the formation of the latter and by the philosophical ideas underlying it. The study of the content of such areas (schools) was carried out by the professor at a very “difficult” time in terms of ideological attitudes, which required both political and civic courage from him. The above also applies to the characterization of modern (for that time) bourgeois criminal law theories given by F. M. Reshetnikov, including in the post-Soviet period.

The general methodological basis of the study was the basic provisions of the dialectical method of cognition of phenomena, which presupposes their study in constant development, close relationship and interdependence. In addition, general scientific methods (comparison, analysis, synthesis, induction, deduction), as well as private scientific methods (formal-logical, systemstructural) were used.

Results, brief conclusions. The works of F. M. Reshetnikov analyzed in the article can still serve as an example of a comparative approach to the study and use of foreign criminal law both in law-making and law enforcement (including doctrinal) aspects.

Keywords
comparative studies, comparative legal method, criminal law of foreign countries, Criminal Code
Date of publication
26.10.2023
Number of purchasers
10
Views
67
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