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Introduction

The urgency of a theme of the dissertation is caused by that in Somalia theoretical questions of criminal law in whole and the criminal liability, in particular are not developed. The doctrine about the criminal liability, its basis and realisation forms takes the central place in a criminal law science, application of all its other institutes is connected with this doctrine.

Within the limits of the present research questions on forms of realisation of the criminal liability in Somalia in aspect of their interrelation with its basis which elements are reflected in special to II head UK Somalia will be considered. Criminal liability realisation «under the general rule finds the embodiment in those or other measures of the state compulsion appointed court. These measures are called as forms of realisation of the criminal liability »[1 [2] [3], and though the basic coercive measure in criminal law is punishment, in Somalia, as well as in Italy, Russia, other countries other measures of reaction on the persons who have made criminally-punishable acts which studying is actual for Somalia and for prospects of development of comparative jurisprudence as a whole are provided also.

Somalia were received by independence in 1960 when it is formal

Two former colonies - the Italian Somalia and the British Somalia were consolidated. Throughout long years in a southern part, or as differently named («the Italian Somalia») at that time operated UK Italy 1930, and in north regions («the British Somalia») - UK India 1860 Along with them, in Somalia, operated norms of Sheriyat and a common law. Such position did not promote the decision of problems of crime control.

It is important to understand, that Somalias - the Muslim country, Somalis are connected with each other by the religion, and it affects judiciary practice. Courts at decision-making do not leave till now

Without attention of norm of Sheriyat and a common law. As a whole the right of Somalia concerns a continental legal family of Romance group.

The social structure of the Somali society has the original hierarchy consisting of certain groups of people (clan). On an extent more than twenty five years of civil war the country had no central government which could provide legality, the law and order and safety of the persons who are in Somalia, because of constant confrontations. Now Somalia is

The international-recognised Federative state into which structure enter: Dzhubalend, G almudug, Puntlend, the Southwest.

UK Somalia have been created on model UK of Italy 1930 and became the basic source of criminal law. Its main advantage is that it has cancelled and has replaced earlier operating acts, and its action extends on all territory of Somalia, including Сомалиленд2 (the former British Somalia which has declared the independence). From the moment of acceptance changes were not made to it.

The Somali question long time remains to one of the major for the United Nations on which this organisation takes of the unequivocal position consisting in necessity of the termination of any operations, restoration of the state institutes and integrity страны.3

The operating Criminal code of Somalia (further UK Somalia) has been accepted by the decree № 6 from December, 16th, 1962, and has become effective on April, 3rd, 1964.

Possibility and time for its thorough training at representatives of a legislature of Somalia was not, there was no also own theoretical basis for creation criminal

Legislations. The legal base of the state was created on similarity of other countries. [4 [5]

Questions on forms of realisation of the criminal liability as the most strict measures of crime control, protection frames of a political system of Somalia, protection of the rights and legitimate interests of citizens in difficult social and economic conditions of not stopping civil war get a special urgency.

The criminal legislation of Somalia was not a subject of special researches at monographic level neither in Somalia, nor in Russia. In Somalia the legal doctrine on which basis it would be possible to make changes and additions in operating UK Somalia is not developed, or to prepare new UK. Were not exposed to special research and problems of the criminal liability, forms of its realisation, a parity with norms of Sheriyat.

Within the limits of the present research the analysis of norms UK Somalia about forms of realisation of the criminal liability and their efficiency in crime control in the conditions of restless and astable conditions in the country on a global scale concerning a special category of the least developed countries with extremely low level of poverty, by very weak economy, subject to spontaneous influence by the population and resources is carried out. [6] it the choice of a theme of the present research which urgency will not be lost long time speaks and will be a perspective direction of development of a science of criminal law in Somalia.

Degree of a scientific readiness of a theme of research. The Russian scientists traditionally pay considerable attention to research of criminal law of developing countries. At all importance all works published in Russian do not shine those problems to which studying the given work is devoted. They, with rare exception, shine the information having the limited character. In Somalia there are not enough the works devoted to criminal law also there are no works about criminal liability realisation, therefore it was necessary to resort to the sources shining this theme in Russia, Italy, Germany, Norway and other countries.

Various aspects of forms of realisation of the criminal liability in developing countries have found reflexion in works of such scientists as V.A.Lihachev, Century N Dodonov, I.D.Kozochkin, Century And Panteleev, F.M.Reshetnikov. From among the Somali and foreign authors it is possible to allocate such as Abdurahman A.Osmana "SHuke", Arraba E. F, Ahmed Shejh Ali Ahmad, Burale Ahmed Shejh Ali Ahmed, Van Notten Michael., G.Lannarone, Ibragim Hashi Dzhama, Martin R.Gangzglass, Mahamed Ahmed Omar, Mahamed Hassan Said, Muhamud Ahmed Farah, Hadzhi N. Nur Muhammad, JUsuf Ilmi Roble, etc.

In Russia questions of realisation of the criminal liability are shined in A.N.Ignatov, L.V.Inogamovoj-Hegaj, M.A.Ignatovoj's works, Century N Dodonov, V.K.Dujunova, I.I.Karpetsa, And. And Malinovsky, T.F.Minjazevoj, G.A.Esakova, T.G.Ponjatovsky, A.I.Raroga, A.I.Chuchaeva, etc.

Object of dissertational research are the public relations developing in the course of realisation of the criminal liability according to positions UK Somalia and, necessarily, according to similar positions of the criminal legislation of the countries of the continental legal system, such as the Russian Federation, Italy, Germany, Norway, etc.

As subject of dissertational research act criminally - the rules of law regulating questions of the criminal liability and the form of its realisation in Somalia, Rossi and other countries.

The purpose and problems of dissertational research. The work purpose consists in that on the basis of all-round studying of problems of the criminal liability, forms of its realisation, practice of their application in Somalia to develop theoretical recommendations about perfection of the mechanism of legal regulation of forms of realisation of the criminal liability and efficiency increase pravoprimenenija in Somalia.

The formulated purpose is concretised in following problems:

- To reveal is social-legal appointment and an originality of forms of realisation of the criminal liability in Somalia;

- To give the system description of forms of realisation of the criminal liability in Somalia taking into account their structural and substantial characteristics;

- To define degree of influence of the criminal policy of Somalia and norms of Sheriyat on practice of application of punishment and other forms of realisation of the criminal liability;

- To study foreign experience of a legal regulation of forms of realisation of the criminal liability;

- To formulate practical recommendations about perfection of the Criminal code of Somalia.

Methodological basis of dissertational research

Constitutes the dialectic approach to scientific knowledge of problems of the criminal liability and forms of its realisation.

During research were applied: is formal-logic, system, historical, rather-legal methods of knowledge, and also receptions of is concrete-sociological gathering and the analysis of the received information (interviewing, interrogation, supervision, ordering of statistical data).

Standard base of research form: Constitutions of Somalia 1960, 2012, principles and norms of international law, the Criminal code of Somalia 1962 g, the Code of Criminal Procedure of Somalia 1963, the Military criminal code of Somalia 1963, the Law about juvenalnoj justices and reformatorijah for minors of 1970, the Law on prisons of Somalia 1971, the Law on a public order of Somalia 1963, the regional legislation of Somalia, and also norm of the foreign criminal legislation regarding questions considered in the dissertation.

Empirical base of research. Reliability and validity of results of research is defined by the representative empirical data received at studying: materials of practice of the Supreme Court of Somalia. It is studied 66 sentences which have been taken out by vessels Benadira of the provincial court, Garove, Hargeisa; results of expert interrogation under specially developed questionnaire of 18 judges, 23 employees of Office of Public Prosecutor and police, 9 candidates on elective offices, 13 heads of state and other bodies and the organisations, and also questioning of 36 Somali students and zemljachestv Somalia, living in the Russian Federation. Interrogations were spent in such cities as Volgograd, Voronezh, Kazan, Moscow, Nalchik, Rostov, Samara, Tula, Ulyanovsk, and Ufa in 2013 - 2016; the data received as a result of the content-analysis of mass media (the press, TV, a network the Internet).

The theoretical basis of dissertational research was constituted by scientific works scientific, Russian and foreign in the field of criminal law. In the course of work works of the Italian and Russian lawyers on problems of criminal law, such as Gabriel Vito, Dzhanni Dzhordano, Paolo Kontini, Renato Angeloni, Santiapidzhi Apputi, A.N Ignatov, L.V.Inogamova-Hegaj, M. And Ignatov, B.S Wolves, I.D Kozochkin, V.A.Lihachev, A.A.Malinovsky, T.F.Minjazeva, A.V.Serebrennikov, F.M.Reshetnikov have been used, etc.

Scientific novelty of research consists that it is the complex monographic research first in Somalia base for a science of criminal law of concept of the criminal liability, its basis and realisation forms. In work, on the basis of studying of the operating criminal legislation of Somalia and foreign experience forms of the criminal liability and feature of their realisation in modern conditions of development of Somalia are defined.

Work differs also information novelty, both for Somalia, and for Russia, other countries.

In the dissertation attempt to prove is undertaken, that existing in UK Somalia system of forms of realisation of the criminal liability, allowing the wide judicial discretion (sanctions of some articles of Special part UK Somalias provide for punishment in the form of imprisonment for the term from 5 days till 15 years (for example, item 329 item, 455, 456 UK Somalia) demands essential changes. Security measures, according to positions UK Somalia can be applied and to the persons who were not making acts, provided by the criminal law), that do not promote crime control in Somalia in the conditions of civil war incessant last twenty five years, negatively affects authority of the law and justice. It also requires revision.

Differ novelty a number of the offered author's definitions, (concept of the criminal liability, punishments, security measures and their purpose, etc.) which can be taken as a principle theoretical base of development of criminal law of Somalia, perfection and reforming of the criminal legislation of Somalia and practice of its application

The substantive provisions which are taken out on protection:

1. As a theoretical basis of the doctrine about the criminal liability in criminal law of Somalia its negative aspect should serve, that is duty realisation to be responsible. In this aspect it is necessary to understand as the criminal liability based on norms of the criminal law, following of the fact of fulfilment of infringement or a crime, preterpevanie the person recognised in it guilty deprivations or restrictions of the rights and freedom, peculiar to the form of the responsibility appointed to it, expressed in a court verdict of guilty.

2. We consider necessary to include in General part UK Somalia the norm establishing the basis of the criminal liability. Thereupon it is expedient to add article 5 UK Somalia with a part 2 following maintenances: «the criminal liability Basis is fulfilment dangerous to the Somali state and a society of the act containing signs of legal its present Code legal, material and moral elements».

3. In view of a considerable role of conventional rules at application UK Somalia and in order to avoid application of analogy of the right suggested to add article 1 UK Somalia with a part 2 following maintenances: «criminal law Application by analogy is not supposed». That such norm has got accustomed and has entered into practice of work of law enforcement bodies of Somalia it is necessary to introduce under specially developed program in sense of justice of Somalis advantage of the decision of questions on the criminal liability only on the basis of the secular law. Thereupon the offered norm should be installed since January, 1st, 2021

4. Forms of realisation of the criminal liability in Somalia are the punishments established for crimes and infringements; the security measures applied to the responsible person, made the act provided by the criminal law, conditional stay of execution of punishment and is conditional-parole from enduring the punishment. Positions of a part of 2 articles 163 and articles 164, 166 UK about possibility application of security measures to the persons who were not making act provided by the criminal law, but at judicial discretion inclined to its fulfilment, it is offered to exclude Somalia.

5. Taking into account author's opinion on essence and the punishment purposes it is offered to add UK Somalia with article 901 «Concept and the punishment purposes» the following maintenance:

«1. Punishment is provided by the criminal law and established in sanctions of articles of its Special part a reciprocal measure of the state on caused to it or members of a society angrily, applied to the person recognised in it guilty and consisting in deprivation restriction of the rights and freedom of this person».

2. The punishment purposes are the prevention of fulfilment of new crimes, correction condemned and its social rehabilitation ».

6. Imprisonment quantity indicators in UK Somalia are established with the unjustified purposes of its application: too low minimum term - 5 days and too big rupture between minimum and maximum its limits in sanctions of some articles of Special part UK Somalia - from 5 days till 15 years (for example, in articles 329, 455, 456, etc. UK Somalia). It is offered to differentiate the minimum limit of the sanctions established for crimes and infringements.

Thereupon Somalia words is offered of "5 days» in article 96 UK to replace with words - «six months», to add article 96 with a part of the second of the following maintenance: «rupture between minimum and maximum limits of terms of the imprisonment established in sanctions of articles of the special part of the present Code should not exceed seven years».

7. Now in UK Somalia contains 21 article in which sanctions punishment in the form of a death penalty is provided. As, by results of the interrogation of 80 % of practical workers spent by us and 93 % of Somalis consider this punishment fair for the grave crimes connected with murder of people at aggravating circumstances so far as it is offered to exclude this punitive measure from sanctions of articles 184, 185, 186, 190, 196, 198, 199, 200, 201, 205, 206, 211, 221, 224 people not connected with the deliberate deprivation of life. And also it is expedient to limit its application concerning minors and persons is more senior 80 years in this connection it is offered to add article 94 UK Somalia with parts 1, 2, 3 in the following edition:

«1. The Death penalty can be established only as alternative to lifelong imprisonment and imprisonment for certain term for the crimes connected with the deliberate deprivation of life of the person at especially aggravating circumstances.

2. The death penalty is not appointed to minor, pregnant women and the persons who have reached of eighty-year-old age.

3. The death penalty is not appointed to the person who has been given out to Federal Republic Somalia by the foreign state for criminal prosecution according to the international treaty of Federal Republic Somalia or on the basis of a principle of reciprocity if according to the legislation of the foreign state which have given out the person, the death penalty for the crime committed by this person is not provided or death penalty non-use is a condition of delivery or the death penalty cannot be appointed to it on other bases ».

Part of 1 article 94 UK Somalia in operating edition to consider as a part 4.

The theoretical and practical importance of research consists that conclusions and the offers made in work, supplement, concretise theoretical bases of a legislative regulation of forms of the criminal liability in Somalia, they bring the considerable contribution to development of the theory of the Somali criminal law about the criminal liability and forms of its realisation.

Research materials can be used at

Perfection of the criminal legislation of Somalia, in the educational

Process of legal educational institutions at course studying

Criminal law, both in developing countries, and in colleges of law of foreign countries. They Results of research, theoretical and scientifically - practical offers, recommendations, an empirical material of the dissertation can be used in scientifically-research work at carrying out of the further researches on problems of the criminal liability and forms of its realisation, and also in activity of vessels of Somalia. Research materials are useful and to workers of law enforcement bodies of Somalia.

Approbation and introduction of results of research. Substantive provisions and conclusions of dissertational research were reported and discussed on faculty meeting of criminal law, criminal trial and criminalistics of juristic institution RUDN, the international and All-Russia scientifically-practical conferences: «Actual problems of criminal law and process in the conditions of legislation reforming» (Moscow, 2014); «We speak in legal English, German, French, Spanish, Chinese: Annual student's conference» (Moscow, 2014, 2015); «Language. Culture. Transfer = Language. Culture. Translation» (Moscow, 2014); «Actual legal and practical

Questions ». The legal theory: problems of discussion, reflexion (Moscow, 2015);« Tendencies of development criminal and ugolovnoprotsessualnogo legislations »(Moscow, 2015).

Substantive provisions, conclusions and research recommendations are reflected in eight scientific publications of the author, five of them are published in the editions included in «the List of leading reviewed scientific magazines and editions in which the basic scientific results of dissertations on competition of a scientific degree of the doctor and the candidate of sciences» should be published.

The structure and research volume correspond to objects in view and problems, the Dissertation consists of the introduction, three heads consolidating six paragraphs, the conclusions, the list of the used sources and the appendix.

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A source: AHMED ABDIKARIM ALI. FORMS of REALIZATION of the CRIMINAL LIABILITY In FEDERAL REPUBLIC Somalia. The DISSERTATION on competition of a scientific degree of the Master of laws. Moscow -. 2016

More on topic Introduction:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  16. 5. Attention strengthening to questions of legal introduction.
  17. Introduction
  18. Introduction