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Criminal liability for offences against property in the legislation of the Republic of Turkey. Comparative legal analysis

https://doi.org/10.28995/2073-6304-2024-1-122-130

Abstract

A comparative analysis of the provisions of Turkish and Russian criminal legislation was carried out, on the basis of which a number of author’s conclusions were made about the specifics of the legislative construction of the crimes under study. The article considers the features of the criminal legislation of the Turkish Republic, establishing the liability of criminals against property. Unlike the Russian Federation, the Republic of Turkey, in addition to the Criminal Code, applies other special laws containing criminal law norms. The features of the criminal legislation of the Turkish Republic are analyzed, both in general and in individual norms establishing liability for crimes against property. The systematization and types of crimes against property are considered. The study of the issues of criminal – legal assessment regarding crimes against property made it possible to reveal the features of the qualification of crimes against property. A comparative analysis of the criminal legal structures of liability for theft in the criminal legislation of the Turkish Republic has somewhat different ideas about this or that form of theft than the criminal legislation of the Russian Federation. The article analyzes aggravating and mitigating circumstances of theft, the importance of specifying the conditions and place of the theft, as well as some qualifying signs of the items of theft themselves. 

About the Authors

I. V. Nikitenko
Far Eastern Law Institute of the Ministry of Internal Affairs of Russia
Russian Federation

Il’ya V. Nikitenko, Dr. of Sci. (Law), professor

bld. 15, Kazarmenny Lane, Khabarovsk, 680020



N. V. Podgornaya
Far Eastern Law Institute of the Ministry of Internal Affairs of Russia
Russian Federation

Natal’ya V. Podgornaya

bld. 15, Kazarmenny Lane, Khabarovsk, 680020



References

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2. Dalgaly, T.A. (2019), “Attempted crime in Turkish criminal law”, Matters of Russian and International Law, vol. 9, iss. 9A, pp. 212–217.

3. Dodonov, V.N. (2020), Sravnitel’noe ugolovnoe pravo. Obshchaya chast’: Monografiya [Comparative criminal law. General part, monograph], Shcherba, S.P. (ed.), Yurlitinform, Moscow, Russia.

4. Fedorov, A.V. (2023), “Criminal liability of legal entities in Turkey”, Russian investigator, no. 4, pp. 63–68, DOI: 10.18572/1812-3783-2023-4-63-68.

5. Nikitenko, I.V. and Podgornaya, N.V. (2022), “Crimes against sexual integrity and sexual freedom of the individual in the criminal legislation of some countries of the Middle East region and Central Asia”, Vestnik of the Far Eastern Law Institute of the Ministry of Internal Affairs of Russia, no. 4 (61), pp. 54–60.

6. Yaroshenko, O.N. (2020), “Features of the criminal legislation of Turkey, Thailand, the People’s Republic of China and Japan, regulating crimes against public morals”, Bulletin of Economics, Law and Sociology, no. 3, pp. 126–129.


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For citations:


Nikitenko I.V., Podgornaya N.V. Criminal liability for offences against property in the legislation of the Republic of Turkey. Comparative legal analysis. RSUH/RGGU BULLETIN. Series Economics. Management. Law. 2024;(1):122-130. (In Russ.) https://doi.org/10.28995/2073-6304-2024-1-122-130

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ISSN 2073-6304 (Print)