National-religious and state-traditional normative systems for the prevention of criminal behavior: a comparative analysis

At the present time, the criminological normative system of any state is a system of traditional-preventive and legal-preventive regulators for the prevention of criminal behavior, the manifestation of which depends on the legal, economic, cultural characteristics of society. Therefore, it is relevant to pay due attention to the ethno-national and anthropological component of the prevention of criminal behavior while studying foreign preventive legislation and proven practices. In this article, for the first time, an attempt has been made to characterize criminological normative systems, not using proven approaches, but focusing on the inclusion of customary (traditional) and religious norms in the criminal law and preventive legislation of different states, and the use of elements of traditional ideology in preventive practices. The aim of the study was to identify the cultural-ethnic and religious-moral components, which serve as elements of criminological practices and legal preventive norms, in the law enforcement and criminal policy of the states of the Middle East, Western and Central Asia, the Far East. As a result, the author proposes to consider the level of communication of informal and formal norms and institutions that counteract criminal manifestations as one of the criteria for differentiating preventive systems. Depending on the incorporation of informal norms into the crime prevention mechanisms, it is necessary to systematize the criminological normative systems of foreign states as follows: national-religious, state-traditional and legal. Such normative systems for the prevention of criminal behavior, which are mainly based on religious principles and norms inherent in the national (ethnic) culture, can be considered as national-religious ones. State-traditional institutions can be called such institutions for the prevention of criminal behavior, where the symbiosis of formal and informal norms of countering criminal manifestations, allows the use of social, family, cultural and moral norms along with laws.