Features of the Regulation of Criminal Liability for the Use of Torture: a Comparative Analysis

The article examines individual issues of the experience of constructing criminal law norms providing for liability for acts of torture in foreign countries, primarily in the Commonwealth of Independent States. The provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are analyzed. It is noted that both objective difficulties and subjective problems can be identified during implementation. In particular, it is noted that the shortcomings of legislative regulation related to the definition of the concept of «torture» give rise to distortion of terminology, violation of consistency, conflicts in law and other negative consequences. The ways of solving this problem are proposed. The measures of criminal law influence used by various states are highlighted as positive experience, contributing to the prevention of torture and the imposition of fair criminal punishment on persons who violated the relevant prohibition.