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THE CONCLUSION

Summing up it is important to research to underline, that the Somali society during the present period of its development worries a difficult stage of the political, economic and social transformations characterised by the statement of new democratic principles of a political system; the unemployment, progressing inflation, a low standard of living.

In these conditions special value is given to measures of the prevention of fulfilment of negative acts, most strict of which are criminally-legal measures.

During action UK Somalia (since 1964) was outlined a number of the important problems which decision is connected with an innovation of the theory of criminal law of Somalia and on this basis reforming operating UK Somalia, including, regarding a regulation of questions of the criminal liability and forms of its realisation.

UK Somalia created on similarity UK of Italy 1930 differs from it. In particular, UK Somalia has not apprehended position about cancellation of such form of realisation of the criminal liability, as a death penalty (in Italy the death penalty has been cancelled in 1994), idea of an establishment of possibility of realisation of forms of the criminal liability concerning legal bodies (it is established in Italy in 2001). In it the institute of full rehabilitation of the persons who have served time, the employee some kind of an indicator of achievement of such purpose of punishment, as resotsializatsija the persons who have made penal act contains. Norms about rehabilitation in UK Somalia essentially differ from consequences of removal of a previous conviction, on their basis concerning the rehabilitated person from an official card file data on a previous conviction are excluded, etc.

Research has allowed to come to conclusion that formation of theoretical positions of criminal law in Somalia should consider national features and traditions of Somalis. At the same time, the science, tending to progressive development, should influence sense of justice of Somalis, preaching expediency, in cases of a divergence of norms of Sheriyat with norms of the law, gradual transition to the decision of questions of the criminal liability on the basis of the law.

On the basis of wide application of a method of comparative jurisprudence and generalisation of practice of work of vessels of Somalia personally spent by the author, questioning and interviewing as practical, science officers of Somalia, and the population, including the Somalis living in Russia and other foreign countries, in work are formulated following doktrinalnye conclusions and recommendations about perfection operating UK Somalia:

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 introduction of legal definition of the basis of the criminal liability in UK Somalia. We suggest to add item 5 UK Somalia ch. 2 following maintenances: źthe criminal liability Basis is fulfilment of the act dangerous to the Somali society containing all signs of material its present Code material and moral elements.

3. In view of a considerable role of conventional rules at application UK Somalia and in order to avoid analogy application it is right it is obviously necessary to add item 1 UK Somalia ch. 2 following maintenances: źcriminal 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 2021г.

4. As UK Somalia specially regulates a question the reasons previous penal act, simultaneous with it, or come later, at least and persons depending on act or omission, as not excluding a causal relationship between act of this person and the come result (item 21 UK Somalia) so far as sequence of a causal relationship with reference to concrete persons, or concerning one person should influence a choice court of the form and a measure of realisation of the criminal liability.

5. 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 ch. 2 items 163 and item 164 item, 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.

6. Taking into account author's opinion on essence and the punishment purposes it is offered to add UK Somalia of item 901 źConcept and the punishment purposes╗ the following maintenance: ź1. 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 or 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 ╗.

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 the item of item 184, 185, 186, 190, 196, 198, 199, 200, 201, 205, 206, 211, 221, 224 people not connected with the deliberate deprivation of life. To limit its application concerning minors and persons is more senior 80 years. To add item 94 UK Somalia ch. ч.1, 2, 3 in the following edition: źthe 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.

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

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 to 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 ╗. A part 1 item 94 UK Somalia in operating edition to consider ch. 4.

8. 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, item 329 item, 455, 456, etc. UK Somalia). It is offered to differentiate the minimum limit of the sanctions established for crimes and infringements. In item 96 UK Somalia words thereupon is offered of "5 days╗ to replace with words - źsix months╗, to add item 96 with a part of the second of the following maintenance: źrupture 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╗.

9. It is represented, that the system of the basic punishments in Somalia requires expansion of the list of punishments. It is offered to include in the list of principal views of punishments both for crimes, and for infringements, (ch. ch. 1, 2 items 91 UK Somalia), for example, obligatory works with a payment and deduction from wages from 15 to 25 % from the earned sum.

10. UK Somalia, having established obligatory mitigation of punishment to persons with the limited responsibility to which persons, partially mentally retarded can be carried, the persons drinking because of accidents, or in force force majeure circumstances, or the person with physical illnesses, for example, mute, deaf and so forth (item 51, ч.2 item 53, ch. 2 items 58 UK Somalia) do not reserve limits of such softening. Thereupon it is offered to add item 51 UK Somalia ch. 2, the item of item 53 and 58 UK Somalia ch. 3 following maintenances: źto Persons with the limited responsibility caused by age features, or a physical illness, the size of as much as possible statutory punishment or a security measure are softened on one third╗.

In the dissertation attempt to bring revival in development of a criminally-legal science of Somalia is undertaken, to promote uniformity in work of law enforcement bodies of the country, to raise efficiency of the criminal law, called to promote stability and law and order maintenance in Somalia. Conclusions and the offers containing in the dissertation, reflect sights of the author at the decision of the put questions and have recommendatory character.

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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

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