Criminal liability for assault and battery and crimes against physical integrity under the legislation of the Russian Federation, the USA and England: a comparative legal analysis

The subject of this study is the criminal law regulation of liability for battery and other violations of bodily integrity in Russia, the United States, and the United Kingdom. The analysis covers the specific features of the legal definition of battery, including its objective and subjective elements, the criteria for distinguishing it from other violent acts, and the specific characteristics of the qualifying circumstances. Special attention is given to the concept of "physical pain" and its interpretation in Russian law, where there is a lack of a clear legal definition, which creates difficulties in law enforcement practice. The comparative aspect of the study reveals differences in the understanding of battery: while the Russian system focuses on causing pain without harm to health, English and American law encompasses a broader range of illegal actions, including non-painful touching. Additionally, the analysis explores the role of motives, ranging from hooliganism to racial or religious hatred, which serve as both a constructive element and a qualifying factor in different legal systems. The research is based on the dialectical method of cognition, as well as general scientific and specific scientific methods: analysis and synthesis, formal-logical, comparative-legal, and systemic research methods. The scientific novelty of the work lies in identifying conceptual differences between domestic and foreign regulation of beatings. The study found that Russian legislation has a narrower interpretation of violent acts compared to the legal systems of England and the United States. The analysis revealed the need to clarify a number of legal concepts in Russian criminal law. The practical significance of the study lies in the possibility of using its results to improve the criminal legislation of the Russian Federation in terms of regulating liability for crimes against the physical integrity of an individual. The novelty of the study lies in a comprehensive comparative analysis of three different legal systems and the identification of promising areas for the development of Russian criminal law. The author concludes that it is necessary to expand the list of qualifying features in Article 116 of the Criminal Code of the Russian Federation, to include elements of protection against psychological violence in Russian legislation, and to clarify the wording of key concepts. Specific mechanisms for improving legislation have been proposed, taking into account the successful foreign experience in regulating this category of crimes.

crimes against the person, crimes against health, battery, bodily integrity, criminal law, comparative analysis, violence, health, criminal liability, physical pain