scholarly journals Crimes against Justice in Criminal Law Russian Legislation of the Absolute Era Monarchies

2021 ◽  
Vol 2 ◽  
pp. 63-71
Author(s):  
E.V. Georgievskij ◽  
◽  
R.V. Kravtsov ◽  
Keyword(s):  
Criminal Law ◽  
Law Reform ◽  
Inductive Method ◽  
Conceptual Approach ◽  
Russian State ◽  
Legal Nature ◽  
The Absolute ◽  
The Russian Empire ◽  
Criminal Legislation ◽  
Xix Century

The paper studies crimes against justice in the era of the absolute monarchy of Russia - from the beginning of the XIX century to 1917. The subject of the study is the legislative acts of the Russian state, both containing the norms of the criminal law character dedicated to the protection of the interests of justice, and the actual criminal laws and draft criminal laws that have an independent (autonomous) character. The research methodology was based on specific historical and comparative (comparative-legal) approaches to the legal nature of the institution of joint infliction of harm. The general inductive method is based on the formation of conclusions, which allows us to approach the general principles of the legislative formalization of the institution of joint commission of a crime from particular (casuistic) legislative fragments. In the course of the study, a number of theoretical propositions were identified and systematized. The era of absolute monarchy in Russia, associated with the name of Peter I, is characterized by the beginning of the processes of renewal in criminal legislation. Conceptual approaches to the consolidation of normative material are changing, and the methodology for building norms is being improved. In fact, general provisions are beginning to be formed to the extent necessary for the normal process of law enforcement, although there is still no structural separation. The criminal-legal terminology is changing. The influence of foreign legislation on Russian national criminal law is also undeniable. A serious impetus for changing the conceptual approach to the registration of crimes against justice is the emergence of new legislative acts in the field of criminal procedure regulation. Nevertheless, the criminal law reform carried out over two centuries did not achieve certain general and specific goals, including the full systematization of criminal encroachments on the interests of justice in the Russian Empire.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals FORMATION AND DEVELOPMENT OF MILITARY CRIMINAL LEGISLATION OF THE RUSSIAN EMPIRE XVIII-EARLY XIX CENTURY

2020 ◽  
Vol 8 (2) ◽  
pp. 11-15
Author(s):  
Ekaterina Voyde ◽  
Anastasiya Grafshonkina
Keyword(s):  
Russian Empire ◽  
The Russian Empire ◽  
Criminal Legislation ◽  
Xix Century ◽  
Military Construction

the article deals with the formation of military criminal legislation in the Petrine period at the turn of the XVIII-XIX centuries. The influence of political and legal factors of state and military construction on changes in the system of military crimes and punishments for them in the specified period is revealed.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

scholarly journals Research of Criminal Punishment in Russian Dissertation Theses: Key Trends in 2010-2019

2019 ◽  
Vol 13 (5) ◽  
pp. 825-836
Author(s):  
Alexei Kibalnik ◽  
Pavel Volosyuk ◽  
Rustam Abdulgaziev
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Criminal Punishment ◽  
Functional Theory ◽  
The Past ◽  
Legal Nature ◽  
New Ideas ◽  
Positive Feature ◽  
Definition Of ◽  
Criminal Legislation

The article aims to reveal key trends in the studies of the problems of criminal punishment based on the analysis of Russian dissertation theses in the past decade (2010–2019). The authors stress that the problems of punishment are «eternal» for Russian and Western doctrines of criminal law, although there is some difference in their research trends. The authors conclude that Russian doctrine preserves continuity in its definition of punishment as a major category of criminal law, as well as of its attributes and goals. In 1990–2000s there were some attempts to renounce the penal nature of punishment. In the past decades this «bias» has been overcome and practically all authors recognize the priority of the penal character (content) of criminal punishment. At the same time, the doctrine incorporated new ideas regarding the understanding of the goals of punishment, their hierarchy and the actual possibilities of achieving them. The authors note that the positive feature of the Russian doctrine is the substantiation of the «functional» theory of building a system of punishments in criminal legislation. On the other hand, researchers have come to a disappointing conclusion regarding the breach in the orderly structure of the system of punishments. The analysis of Russian dissertation theses has shown that in 2010–2019 most attention was focused on «final» punishments (capital punishment and life imprisonment), imprisonment for a certain period of time, some punishments not connected with the deprivation of liberty (limitation of liberty, obligatory work). The authors point out that there remains a discrepancy in the understanding of the legal nature, purpose and effectiveness of these types of punishment (primarily, capital punishment, which is preserved in criminal legislation).

scholarly journals Terrorism and Criminal Legislation of the Russian Empire of the Second Half of the XIX Century

2016 ◽  
Vol 16 ◽  
pp. 43-47
Author(s):  
Mikhail B. Kolotkov ◽  
Keyword(s):  
Russian Empire ◽  
The Russian Empire ◽  
Criminal Legislation ◽  
Xix Century

scholarly journals Historical aspect of criminal law representations and the system of protection of rights of the indigenous peoples of the North in the territory of Yamal and Yugra

2021 ◽  
pp. 77-86
Author(s):  
Olga Nikolaevna Naumenko ◽  
Valerii Terent'evich Galkin ◽  
Tat'yana Vladimirovna Tkacheva
Keyword(s):  
Indigenous Peoples ◽  
Criminal Law ◽  
General System ◽  
Traditional Culture ◽  
Customary Law ◽  
Historical Aspect ◽  
Legal Norms ◽  
The North ◽  
The Russian Empire ◽  
Criminal Legislation

The subject of this research is the traditional representations of the indigenous small-numbered peoples of the North that reflect the system of punishments and protection of their infringed rights when they commit a crime in a community living by the traditional culture. The article employs the following sources: codes of customary law created in Russia in the XIX century, as well as ethnographic data that include field materials collected by the authors in 2019 – 2020, and published sources that reflect the norms of customary law of the indigenous peoples of the North in the XIX – early XX centuries. The goal of this work consists in revealing the peculiarities of traditional views of the indigenous peoples of the North in the sphere of criminal law relations and protection of the infringed rights. The scientific novelty consists in two aspects: 1) consideration of the so-called “witchcraft component” in analyzing the norms of customary law; 2) use of the General System Theory of L. von Bertalanffy as methodology (synergetic approach). This approach is not usually used for cross-disciplinary historical and legal research; however, allows us understanding the mechanism of transformation of legal norms of the indigenous peoples of the North in the conditions of influence of Russian legislation. The point of bifurcation is the turning periods, when the content of legal views is being changed irrevocably, and the new version is accepted as traditional and consolidated in the customary law. In conclusion, the authors note that in the XIX – early XX centuries, the criminal law representations and mechanism of protection of rights in the traditional culture of the indigenous peoples of the North implied communication with  the spirits and hope for their justice in punishing the criminals. Certain norms of the Russian legislation that are similar to representations of the indigenous peoples of the North, infiltrated into the traditional culture, adapting to the customs; but overall, the criminal legislation of the Russian Empire collided with the views of the aborigines, which entailed the creation of the codes of customary law that were implemented in the judicial practice.

scholarly journals Ruling techniques of the Ottoman Empire in Western Caucasus on the early XIX century (based on the document from the Ottoman State Archive of the President of the Republic of Turkey Hattı Hümayün 1103/4569-R

2020 ◽  
pp. 41-49
Author(s):  
Anri Robertovich Chediya
Keyword(s):  
Ottoman Empire ◽  
Local Population ◽  
Russian Empire ◽  
State Archive ◽  
Western Caucasus ◽  
Russian State ◽  
The Republic ◽  
The Russian Empire ◽  
Xix Century ◽  
Republic Of Turkey

The subject of this article is the policy and ruling techniques of the Ottoman Empire in Western Caucasus as a whole, and Abkhazia in particular, implemented due to expansion of military and economic presence of the Russian Empire in Caucasus in the early XIX century. Such methods include bringing local population (mostly representative of aristocracy – princes and noblemen) to the side of the Ottoman Empire for returning their dominance in the countries and cities (fortresses), considered by the Sublime Porte as the territories of their authority, and unlawfully annexed by the Russian Empire (namely the Principality of Abkhazia). This resulted in clash of interest of both superpowers that unfolded in Abkhazia and neighboring Circassia in the early XIX century. The scientific novelty consists in introduction into the scientific discourse of previously unpublished sources from the Ottoman State Archive of the President of the Republic of Turkey, as well as the Russian State Military-Historical Archive, which shed light on the methods of Ottoman control over the territories of Western Caucasus (Principality of Abkhazia, Circassia), as well as on the complicated questions regarding the clash of interests of the Russian and Ottoman empires in the region. The relevance of this work is substantiated by usage of both, Russian and Ottoman unpublished archival materials for describing the Ottoman ruling techniques in the region.

Społeczny obowiązek zawiadomienia o przestępstwie jako przykład lex imperfecta?

2017 ◽  
Vol 15 (1) ◽  
pp. 49-63
Author(s):  
Agnieszka Kania
Keyword(s):  
Crime Prevention ◽  
Criminal Law ◽  
Civic Involvement ◽  
Criminal Trials ◽  
Civic Duty ◽  
The Public ◽  
Educational Processes ◽  
Norms And Values ◽  
Legal Nature ◽  
Criminal Legislation

This article focuses on the legal nature of the civic duty to report an offence (Article 304(1) of the Code of Criminal Procedure). Assuming that the solution does not constitute a classic example of lex imperfecta, it is concluded that the breach of its provisions might produce effects only in the sphere of moral judgements. While reflecting on the so-called imperfect norms (norms without sanctions), the analysis concerns not only their legal nature and compliance with the requirements of the principles of legislative technique, but also the possibility of compliance with the current provisions of law being motivated by both an external compulsion and an internal compulsion arising out of the authority of law or persuasive and educational processes. Furthermore, based on the analysis of the civic duty to report an offence in terms of criminal trials, it is concluded that the mechanism does not merely create a regulatory framework for rewarding active civic involvement in crime prevention, but also mandates to count on loyalty of that part of society which has internalized certain norms and values correlating with the requirements of the criminal legislation for the public. It also implicates a need for sanction on criminal law.

scholarly journals THE GERMANS IN RUSSIA IN XVIIIth - FIRST QUARTER OF THE XIXth CENTURY

2021 ◽  
pp. 99-106
Author(s):  
Галина Алексеевна Кокорина ◽  
Анна Валерьевна Белова
Keyword(s):  
Legal Status ◽  
Economic Status ◽  
Russian Empire ◽  
German Population ◽  
Russian Society ◽  
Cultural Relations ◽  
German Immigrants ◽  
Russian State ◽  
The Russian Empire ◽  
Xix Century

В статье анализируется историческое пребывание немцев на территории Российской империи XVIII - первой четверти XIX в. Рассматривается правовой статус немецких переселенцев в XVIII - первой четверти XIX в. На основе законодательных актов просматриваются тенденции в период каждого царствования, а также общая тенденция на протяжении исследуемого периода. Проанализированы историографические работы, связанные с нахождением немцев на территории России. Исследуются экономические, политические и культурные связи немцев и российского государства. Рассматривается конфессиональная политика российского государства в отношении немецкого населения. Каждый правитель старался включать иностранцев (немцев) в российское общество. В период с XVIII - первой четверти XIX в. не сформировался особый правовой или экономический статус немцев в Российской империи. The article analyzes the historical stay of the Germans on the territory of the Russian Empire in the XVIII - first quarter of the XIX century. The legal status of German immigrants in the XVIII - first quarter of the XIX century is considered. On the basis of legislative acts, the trends in the period of each reign are viewed, as well as the general trend during the period under study. The historiographical works related to the presence of the Germans on the territory of Russia are analyzed. The economic, political and cultural relations of the Germans and the Russian state are investigated. The article considers the confessional policy of the Russian state in relation to the German population. Each ruler tried to include foreigners (Germans) in Russian society. In the period from the XVIII - first quarter of the XIX century. The special legal or economic status of the Germans in the Russian Empire was not formed.

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