I. Ya. Kozachenko calls the criminal law of this period by the right of the "specific Avenger", individual or collective, who responded to a crime using the means available to him at a particular point.

During this period, legal terminology has been obtained related to crimes: if the terms "offense", "Lyhety business", "Revenge" are still used in the judicication, "the words" crime "," punishment "in the period of the Cathedral Card , "Wines", "intent" used in close to modern values.

The number of general criminal law prescriptions grew. In judicial purposes, although it is casual, unsymptic, but they received their consolidation of such institutions of the general part of criminal law, as complicity, relapse, limits of criminal law in time and space; The first ideas about the guilty responsibility appear, the spectrum of punishment measures is expanded.

Development receives legislative equipment. If the judicication is only planned by the grouping of crimes by species, then the Cathedral Code has already quite clearly separates the norms relating to various generic objects of encroachment; There is also a rubrication and end-to-end numbering of chapters and articles of legislation.

The Cathedral Code also contains many previously unknown Russian law of institutions related to the total part of the criminal law: it establishes quite modern purpose of punishment (intimidation and general prevention: "To see, otherwise it was not possible to do so") and establishes graduation of punishment species on Basic and additional, provides for various types of mitigating and aggravating circumstances, contains provisions on the crime, about the types of complicity and atticness to the crime, of extreme necessity.

Legislation of the New Time

The first regulatory act, almost entirely consisting of criminal lawMilitary Peter I became the article, adopted in 1715. Despite the fact that it was focused on the military criminal law, there were both the norms of a general nature, including those borrowed from the criminal legislation of European states; From the innovations contained in this act, it is possible to extract the fastening of mitigating and aggravating circumstances, which allowed differentiate the responsibility of persons who have committed crimes.

Also, this period includes the Charter of the rally, adopted during the reign of Catherine II. At the beginning of the XIX century, several criminal proceedings were also prepared: by 1806, the project of G. Yatsekova (was not published, although he received in subsequent positive estimates of researchers); A specially established commission for the reform of the legislation was prepared several draft criminal codecs (B, and 1816), one of which (the project to be deployed 1813) was submitted to the State Council, although his adoption did not take place.

The norms of criminal law entered the Code of Laws of the Russian Empire of 1833, where they were presented in the book of the first volume XV "on crimes and punishments in general, which consisted of 11 sections and 765 articles. This act completes the allocation of the norms of the general part of the criminal law into an independent structural unit of the regulatory act; In some chapters, the norms of a general nature of the crime, punishment, its appointment and exemption from punishment, the limits of the criminal law (which was a step forward compared to foreign criminal codes of the same period) were allocated.

Claim for punishments of criminal and correctional 1845

The first Russian full-fledged criminal code - the Claim on Penalties of Criminal and Correctional - was signed on August 15, 1845 by Nikolai I. The main feature in comparison with earlier regulatory acts was the allocation of a common part as an element of the structure of a codified act. a common part Claiming fixed the basic concepts and institutions of criminal law: crimes and misconduct (Art. 4: "As itself, an illegal act and non-fulfillment of the fact that under the fear of punishing a criminal or correctional law"), the stages of their commitment, systems and types of punishment, order His appointments and cancellation. The developed sentence system also deserves attention, which included 12 of their "birth" and 38 "degrees".

The special part of the deposition consisted of 12 sections included 2224 articles. It provided for the following categories of crimes and misconducts: religious, state, against the order of management, state and social services, regulations on the conventions, against the income and property of the treasury, public improvement and degree, thesis organization of society, life, health, freedom and honor of the individual, against Family and property.

The cry of 1845 was subjected legislative changesassociated with economic, political and administrative and judicial reforms. So, in 1864, criminal misconducts were excluded from it (responsibility for acts, for which the maximum possible term of imprisonment did not exceed the year, from November 20, 1864, it was established by the Charter on the punishments imposed by the World Judges), and in 1885 the system was liberalized punishments.

In addition, the norms providing for criminal liability were held in the military charter on punishments (282 of the article).

Criminal Code of 1903

The Code of 1903 is the last codified criminal law act of Imperial Russia.

• In 1904, the head of state crimes were commissioned.
• In 1906 - Chapters on religious crimes.
• After the public coup in February 1917, about 30 articles of other chapters were put into effect before the October Revolution.

The current regulatory act in the field of criminal law up to November 30, 1918 remained an exploration of 1845.

Penal legislation of the Provisional Government

Distribution received extrajudicial criminal repression. In the Decree of the Provisional Government of July 16, 1917, "On the procedure for consideration of cases of persons arrested in a non-judicial manner," said: "The duty of governments - to prevent the possibility of criminal designs to win before the beginning of their implementation, because during the war, even a brief violation of state peace of mind Himself great danger. "

Legislation 1917 - 1919

The first acts of the Soviet criminal legislation had sharply class character and were based on the idea of \u200b\u200brevolutionary violence. Basically, the responsibility for crimes in the early years of Soviet power was established by individual decrees, decisions and instructions. Thus, the norms that establish responsibility for crimes were kept on land decrees, about the court and revolutionary tribunals, decorates were adopted on bribery, speculation, violent zone.

Crimes during this period were divided into counter-revolutionary (for which the decisions were punished no less a certain period), especially grave and all other (for which the sanction was established no more definite period); Installed at 17 years old, court and prisons were abolished for young and minor criminals.

Nevertheless, the criminal law of Soviet Russia mainly maintained continuity with pre-revolutionary legislation: despite the fact that the entire legislative prescriptions of the Russian Empire ceased its operation, in fact, new legislative acts perceived the designations of the deposits of 1845 and 1903.

The drug addict since December 1917, a summary of judicial practice was generalized. In the circular of December 19, 1917, "On the Revolutionary Tribunal, its composition, cases subject to its jurisdiction, imposed by punishments imposed on them and on the procedure for maintaining its meetings" provided the following types of punishments imposed on the commission of grave crimes: a cash finice; deprivation of liberty ; removal from the capital, from individual locations, from the limits of the Russian republic; Announcement of public censure; announcement by the enemy of the people; deprivation of all or some political rights; sequestration or confiscation of property; Awarding to mandatory social work.

The death penalty in the RSFSR in the period 1917-1920 was repeatedly canceled, it was introduced: after the cancellation of its decree II All-Russian Congress of Soviets on October 26, 1917 "On Cancellation death penalty"She was re-introduced by the Decree of the Soviet University of February 23, 1918" Socialist Fatherland in danger "; The next cancellation followed in 1920, and it was also quickly replaced by the restoration of this type of punishment.

Guidelines on criminal law of the RSFSR 1919

The punishment system provided for by the guidelines included a suggestion, the expression of public censure, coercion to action not representing physical deprivation (for example, to passing training), an announcement under a boycott, an exception to the merger on time or forever, recovery, and if it is impossible to reimburse damage, depreciation, reversion to occupy one position or execute one work, confiscation of everything or part of property, deprivation of political rights, announcement by the enemy of revolution or people, forced work without premises in place of imprisonment, imprisonment for a short time or For an indefinite period before the occurrence of a well-known event (including "before the victory of the world revolution"), the announcement is outlawed, execution.

Another feature of the governing began was the lack of norms about the fault and the relationship of the appointed penalties with the danger of a person who committed the act (not the act itself).

Criminal Code of the RSFSR 1922

The need for such an act was due to the fact that on the basis of existing regulations, it was not possible to ensure the unity of judicial practice. So in the report on the III All-Russian Congress of the Soviet Justice figures in June 1920, M. Yu. Kozlovsky (representative of the addict of justice) reported: "For example, for speculation, which is considered an important crime, a small fine is imposed in one place, which is unthinkable elsewhere, Where exclusively imprisonment is applied, etc. For a number of cases, incredible diversity and confusion is obtained, "and further:" In the interests of the centralization, we must issue a code. "

At the same congress, the preparation of the Code began, its system was proposed. The resolution of the congress was recorded: "The congress recognizes the need to classify criminal norms, welcomes the work in this direction of the NKU and takes as a basis the proposed scheme of the classification of acts on the draft new Criminal Code, not a predetermining issue on the establishment of punitive sanctions. The congress recognizes it necessary that the code of the Code is sent to the conclusion of Justice Gipkin. "

In addition to the main task - to give legal basis To combat crime in the RSFSR, the Code Ministry developers were also additional: the preparation of a model act in the field of criminal law, which could be taken as a basis in the preparation of the criminal codes of other Union republics, and would also be the first step towards a common codified for all republics criminal law.

In total, three draft criminal code were developed. The developer of the first of them was the general anointing department of the drug addict (the total part - 1920, special - 1921), the second is the section of the lawsuit and forensics of the Institute of Soviet Law (the end of 1921) and, finally, the third is the disposal team of the Justice (1921, Published in 1922). It is the last project and lean to the basis of the Criminal Code.

A feature of the projects developed by the drug lean in 1920 and 1921 was the perception of the "hazardous state" of the personality developed in the framework of the sociological school of the criminal law. The project of 1920 established the following crime rate and the punishability of acts: "Face dangerous for an existing order public relationsis subject to punishment under this Code. Affected are both action and inaction. The danger of a person is found by the onset of the consequences, harmful to society, or activities, although not leading to the result, but testifying about the possibility of harm" In the final edition of the Code, the developers partially abandoned these provisions, tied the shares of Acts primarily with the commission of a crime, however, the individual elements of the "hazardous state" theory in the Code still remained; Thus, the content of the objectives of the criminal law in the Criminal Code of the RSFSR of 1922 was determined as follows: "Criminal Code R.S.F.S.R. It has its task legist protection states of workers from crime and from socially dangerous elements And it carries out this protection by applying to violators of the revolutionary law and order of punishment or other measures social protection "(Article 5).

Another feature of the project, which became the basis for the future Code, was the extreme blurring of the borders between the crime and the offense (administrative or civil): the project criminalized such acts as smoking tobacco in unresolved places, excess of the limiting speed of the speed of driving, appearance in a public place Inxication, unauthorized use of someone else's property without intent to assign it, etc. These compositions were later excluded when considering the Code of WTCIK.

The projects were also offered and other innovations, rejected during further work on the Code: For example, it was proposed to introduce the system of "generic" (approximate, estimated) composition of crimes (later this idea was partially embodied in the norm about the analogy), to refuse the sanctions enshrined in the law for committing crimes and proceed to uncertain sentences (in which the court determined the minimum and maximum measure of punishment); Even in late design variants, sanctions were varying with an increase in their higher than the sentence of the sentence provided for by the Code.

In general, by the beginning of 1922, the draft code was still far from perfect, contained many gaps, the material of the decrees was not sufficiently recycled. Nevertheless, in January 1922 his discussion was held at the IV All-Russian Congress of Justice Workers, in which 5,500 delegates took part.

In the future, the Code was discussed at the May session of the Central Executive Committee of the IX convener, where it was also refined, after which, at the plenary meeting, on May 26, 1922, it was finally approved. The first criminal code of the RSFSR entered into force on June 1, 1922.

Criminal Code of the RSFSR 1926 and criminal law 1927-1941

With the association of Socialist Republics to the Union of SSR, the need for public-union legislation arose. In 1924, the foundations of the criminal legislation of the SSR and the Union republics were made, whose provisions were based on the new edition of the Criminal Code of the RSFSR of 1926.

Code of 1926 was positioned not as completely new normative actAs an updated editorial office of the Codex of 1922, which was reflected in his official name: "Criminal Code of the RSFSR, as amended 1926." The continuity was maintained in its main institutes: a class approach to regulating the concept of a crime was maintained, the penalties were included in the system of "social protection" measures (along with measures of medical and medical and pedagogical nature), the rule of action was maintained criminal responsibility To persons representing the "public hazard of past activities and communication with a criminal environment" (including persons justified in the commission of crimes).

In general, the criminal legislation, adopted in the late 1920s - 1930s, and the criminal policy of this period was clearly repressive: the use of criminal law was widely disseminated by analogy, the responsibility did not carry a personal nature (for example, under Article 58 of 1B of the Criminal Code of the RSFSR In the age of 1926, the family members of the Motherland shall be deprived of electoral rights and reference to the remote areas of Siberia for 5 years), allowed the inverse of the laws that establish the crime of acts, and the norms that protect the interests of the state, provided for a much more cruel sanction than the norms about crimes against Personality.

The use of an analogy of the criminal law was often associated with the "equating" of the committed general crime (for example, the economic), for which a small sentence was envisaged, to counter-revolutionary crimes, the sanction of articles on which included the highest sentence. Thus, the 18th Plenum of the Supreme Court of the USSR, held on January 2, 1928, explained that the counter-revolutionary actions were when the accused "although not put directly a counter-revolutionary goal, but deliberately allowed their offensive or had to anticipate the socially dangerous nature of the consequences of their actions ": In fact, this meant that attraction to justice for such crimes was raised dependent on the evaluation by the court of criminal results, and not from the real motives and objectives of the subject.

In accordance with these explanations, sentences were carried out as "loud" cases (for example, in the Shakhty case, the case of the "Prompali", etc.), and on the non-wide publicity of numerous cases associated with the "degradation" of the peasantry in which Often, according to the "political", "counter-revolutionary" articles of criminal legislation, the peasants who were not "fists" were condemned by household and economic crimes.

The minimum age of criminal responsibility was significantly reduced. If the Code of 1922, it was established at the age of 14, UK 1926 - at 13, then the law "On measures to combat crime minors" dated April 7, 1935, the responsibility for theft, violent crimes and murders were established from 12 years. "With the use of all measures punishment. "

Tightened the norms of the general part of the criminal legislation on punishment. From 10 to 25 years, the maximum deprivation period from October 2, 1937, the decision of the USSR CEC was abolished from October 2, 1937), and, along with two modes of camps, was canceled for serving imprisonment (1936).

In general, the current course of criminal law prepared by the author's team of the Moscow State University characterizes the criminal legislation of this period as "truly bloody, which threw the principles of legality, humanism and justice in the medieval abyss."

Legislation 1941 - 1958

The legislation and criminal policy of the period of the Great Patriotic War had its own characteristics. In addition, it consisted of temporary rules that are responsible for crimes dangerous only in military conditions (for example, the spread of panic rumors), as well as the rules on the responsibility of the military personnel of Hitler Germany for war crimes in temporarily occupied territories, its feature is widespread Laws on "equating", a kind of legislative analogy: so, care from military enterprises was equated to desertion.

A clean analogy of the law was also common: theft of the soldier of a soldier or apartments evacuated either in bomb shelter was punished as banditry (group crime), even if one person was committed; Sale by citizens of goods on elevated against the state price was punished by analogy as speculation even if it was not established the fact of buying goods in order to obtain profit and so on.

In the post-war period, the development of criminal legislation was determined by two trends: on the one hand, there was a tightening of the norms on economic and property crimes by tightening the punishment (so, for the embezzlement of state property with decisions of the Presidium of the USSR Supreme Soviet of 1947, the responsibility of up to 25 years of imprisonment was determined), And on the other, amnesty, the abolition of the Military situation and the norms of criminal legislation operated on the military period. Decree of the Presidium of the Supreme Soviet of the USSR of May 26, 1947 was canceled by the death penalty, but in 1950 it was restored for the most serious state crimes: to betray the Motherland, espionage and sabotage.

Criminal Code of the RSFSR 1960

As a result of the dismantling process of repressive criminal legislation, the foundations of the criminal legislation of the Union of the SSR and the Allied Republics of 1958 and the Criminal Code of the RSFSR of 1960, which no longer envisaged the application of the criminal law by analogy, and the bumps towards greater protection of state interests to the detriment of personal although It was not eliminated (the main task of the Criminal Code of the RSFSR remained primarily the protection of the "Soviet social and state system, socialist property", which only followed the protection of the "personality and rights of citizens"), but still did not have such a pronounced nature as in previous acts.

However, there were also opposite trends: so, already in 1962, the scope of the death penalty was significantly expanded, which was introduced for bribery, resistance to police officers and folk warriors, especially the major attic of state and public property.

Criminal law during economic reforms

Work on projects of a new codified criminal legislation began immediately after independence russian state. The first draft of the Criminal Code was made by the President of the Russian Federation to the Supreme Council on October 19, 1992, he had already provided for many changes that determined the appearance of the new criminal legislation of Russia: the priority of human life and human health, the rule of the norms of international law and humanization of liability for crimes of small severity; Nevertheless, this project has not been examined by the Supreme Council, since it was rejected by the Committee on Legislation and Judicial and Legal Reform.

Recently, in the criminal law of Russia there has been a shift from the punchy (punitive) justice, the purpose of which is the punishment of the criminal, to the restorative justice, the purpose of which is to resolve the social conflict, the restoration of public relations disturbed by the crime.

Notes

1. Criminal law Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 20.
2. About different approaches to the periodization of the history of Russian criminal law, see the course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 17-19.
3. Russian criminal law. Common part / Ed. V. S. Commissar. St. Petersburg., 2005. P. 28.
4. Criminal law of Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 20-21.
5. Criminal law. General part / d. ed. I. Ya. Kozachenko, Z. A. Slava. 3rd ed., Izm. and add. M., 2001. P. 2.
6. Criminal law of Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 21.
7. Russian criminal law. Common part / Ed. V. S. Commissar. St. Petersburg., 2005. P. 29.
8. Russian criminal law. Common part / ed. V. S. Commissar. St. Petersburg., 2005. P. 29-30.
9. Russian criminal law. Common part / ed. V. S. Commissar. St. Petersburg., 2005. P. 31-32.
10. Russian criminal law. Common part / Ed. V. S. Commissar. St. Petersburg., 2005. P. 32-33.
11. Russian criminal law. Common part / ed. V. S. Commissar. St. Petersburg., 2005. P. 35.
12. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. S. 19.
13. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 21.
14. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 22-23.
15. Criminal law of Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 22.
16. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 23-24.
17. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 24.
18. Russian criminal law. Common part / ed. V. S. Commissar. St. Petersburg., 2005. P. 36.
19. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 25.
20. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 28.
21. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 29.
22. A. A. Gerzzonz and others. M., 1947. P. 240.
23. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 244.
24. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 245.
25. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 245-246.
26. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 246.
27. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 250.
28. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 251.
29. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 255-256.
30. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 257.
31. A. A. Gerezzon and others. History of Soviet criminal law. M., 1947. P. 259-262.
32. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 30.
33. Course of criminal law. A common part. Volume 1: The Doctrine of Crime / Ed. N. F. Kuznetsova, I. M. Tyazhkova. M., 2002. P. 36.
34. Criminal law of Russia. Practical course / under total. ed. A. I. Bastrykina; under scientific ed. A. V. Naumova. 3rd ed., Pererab. and add. M., 2007. P. 22-23.

Note 1.

The origin and formation of criminal law is a complex and long-term process, closely related to the history of human civilization. The reaction of society and the state to various crimes changed with the progress of ideas about the value of life, the equality of all before the law, approval of the democratic principles of humanism.

The history of the development of criminal law in our country can be divided into four stages:

1. Ancient Russia;
2. Russian empire;
3. era of the USSR;
4. modern Russia.

The history of the development of international criminal law

The international criminal law has been formed as the industry, at the end of the XIX century. Although the origins of its origin can be found, starting from the slave-owned period. Initially arranged between countries in this area concerned three questions:

1. joint suppression of uprisings;
2. issuing runaway slaves;
3. providing the ambassadors of diplomatic immunity.

In the Middle Ages, one of the main topics of international treaties was the joint struggle with piracy. The world community then focused his interests on the slave trade by Africans. In 1815, the Vienna Congress was the first to condemn this vicious practice. In 1818, in Aachen, trade in slaves was officially recognized as a crime.

In addition, at the beginning of the $ XIX $ century, an approach to the extradition of criminals is changing, an international norm about the non-teased persons pursued by political reasons. Having concluded an anensky treaty in 1802, the United Kingdom, Spain, Holland and France formulated a list of crimes, for which the perpetrators are possible. This list includes: murder, counterfeitness and deliberate bankruptcy.

The First World War aroused the need for interstate agreements on prisoners of war and combat management rules. In 1927, the first international conference on unifying criminal law was held in Warsaw, on which a list of international crimes was formed. They were attributed to them: piracy, slave trade, trafficking in women and children, drug trafficking and pornography.

The beginning of the codification of this branch of law is considered to be the adoption of the Charter of the International Military Tribunal, held in 1945, after the victory over the fascist Germany. Then the national principles of criminal law were enshrined. The charter divided all crimes into three groups:

1. crimes against peace;
2. war crimes;
3. crimes against humanity.

In addition, in 1945, when creating the UN, the use of force in interstate relations was prohibited. In 1998, the Rome Statute of the International Criminal Court was adopted, the main purpose of which is to attract the criminal liability of individuals who committed crimes against peace and security of humanity.

Criminal law of the Russian Empire

Development of criminal law in Russian Empire, as in the whole world, occurred in parallel with the improvement of public and state institutions.

Note 2.

The largest legislative monument of the $ XVII $ century was the Cathedral Code of 1649. It was attempting for the first time to create a set of all existing legal norms, including litthies and new-science articles. This is the first printed set of laws of the Russian Empire. To the Cathedral Claiming, the promulgation of laws was limited to their announcement on shopping areas and in the temples, which was usually specifically indicated in the documents themselves.

There was a significant step forward in the development of criminal law standards, it was made for the first time attempted to legislative deletion of acts on intentional, careless and random. Such criminal and legal concepts were introduced as the necessary defense and extreme need, the initiator of the crime, the executor, the accompaniment and the shelter differed.

The crime objects of the Cathedral Code considered a church, a state, family, personality, property and morality. For the first time in the history of Russian legislation, crimes against religions were included in the secular codification, which were previously in the jurisdiction of the church.

In 1830, a complete meeting of the laws of the Russian Empire was published. It included more than 30 thousand regulatory acts located in chronological order: Starting from the Cathedral Casting of 1649 to Manifesta to join the throne of the king Nikolai I. From January 1, 1835, the Code of Laws of the Russian Empire entered into force, which contained the norms of criminal law .

The new criminal Code was introduced on May 1, 1846. In this document, four stages of illegal act were clearly formulated: the detection of intent, preparation for a crime, an attempt on a crime and "committed" crime.

Decree of the Council of People's Commissars dated January 14, 1918 "On Commissions for Minors" has abolished criminal liability for young and criminals. Given the disadvantageous social and economic situation of children and adolescents in the country, the presence of a multi-million-dollar army, soviet law Established age, starting from which criminal liability was defended - 17 years.

For a few months after October 1917, the applications of pre-revolutionary criminal law was allowed, if it did not contradict the ideals of the revolution. The decree of the new government of July 20, 1918 was approved that the people's courts from now on should be guided by the decisions of the working and peasant government and the socialist conscience.

The institution of criminal penalties in the early years of the USSR was distinguished by extreme contradictory. "Instructions for revolutionary tribunals", published on December 19, 1917, assumed the use of the following sentences:

1. money penalty;
2. deprivation of liberty;
3. removal from the capitals, individual locations or the limits of the Russian republic;
4. announcement of public censure;
5. announcement of the guilty enemy of the people;
6. deprivation of the guilty of all or some political rights;
7. sequestration or confiscation (partial or total) property of the perpetrator;
8. awarding to mandatory social work.

Note 3.

It is interesting that the shooting, as the highest measure of punishment, was not included in this list.

The first Soviet Criminal Code of the RSFSR of 1922 took a special place in the history of criminal law. It contained the material concept of a crime, which was recognized by any dangerous action or inaction, threatening the basics of the Soviet system and the rule of law, established by the working and peasant authority for the transitional time to the communist system.

In 1960, a new version of the Criminal Code of the RSFSR was adopted, which provided for the protection of the Soviet social and state system, socialist property, the individual and the rights of citizens and the entire socialist law enforcement of criminal encroachments. That is, the new Criminal Code, like the previous one, in the first place put the interests of the state and society, and not the person.

On July 2, 1991, the Supreme Council adopted the foundations of the criminal law of the USSR and the Union republics. This document was intended to replace the former criminal legislation, but in connection with the country's collapse soon, he never entered into force. The foundations of the 1991 criminal legislation were a fairly democratic legal document. In the future, it was used in the development of a new criminal law. Russian Federation.

Criminal executive right in the Russian Empire in the XIX - early XX century

In the first half of the XIX century. Systematization was carried out russian law. This process, initiated by the famous statesman M. M. Speransky, lasted several years and ended with the creation first Complete meeting of the laws of the Russian Empire(1830), and then 15-languid Code of Laws of the Russian Empire(1832), which came into effect since 1835, the norms of criminal executive rights were consolidated from a variety of previously accepted acts, starting with cathedral deposits and ending with the first third of the XIX century. laws and included in t. XIV of the laws of the Russian Empire in the form of Code of institutions and statutes on custody as well as in t. XV in the form Code of laws of criminal.

The most noticeable was Charter about exilesadopted in 1822 this is the first in legal history Russia is a codified criminal inflammatory act, despite the fact that the charter regulated the execution of only two types of punishment (references to labor works and references to the settlement). It should be noted that in the reference charter contained some of the norms of a criminal and legal nature, but they were all directly related to the serving of the reference to the core works. Subsequently, numerous changes were made to the charter of reference, but the framework remained the same, and this document acted almost a hundred years, which indicates its fundamentality.

The charter of exiles consists of six chapters:

gL I "On institutions and faces of the reference";

gL II "On the transmitting exile to destination";

gL IV "On Marriages and Summers";

gL V "about exile property";

gL VI "On the criminal and disciplinary responsibility of exiles." Before sending a reference to the booth, convicted to this point of punishment was subjected to corporal punishments (until 1863, when they were mainly canceled as a type of criminal punishment). "Reference to cortish works without a term" meant the civilian death of the convict, which all his previous relationships with the Company and the family were terminated (in case of refusal of family members to follow the cortex).

The execution of the execution was instructed by the urban or the Russian police, and it was as follows. After reading the guilty decision of the court, it is there in the same place, at the point of detention, it was brought to confession or, if it belonged to one of the Protestant religions, the priestly tried according to the rules of this confession to prepare him for repentance and to prayer about cleansing his soul, with a crime. Then the priest, if it recognized it possible according to the charters of his church, allowed the convict for Holy Communion, reminded him of the property and horror of his guilt and about the power of sincere repentance, which disarms the justice of God and is attracted by the Mercy of the Vyshnya, and accompanied the frontal place. If the convict was exposed to the murder of his father or mother, then he was transmitted to a black bedspread on his face and with a chest inscription: "Father's killer" or "Mother's killer". In the event of a less serious crime, it was left by an ordinary dress of the arrestants, but also with the inscription on the chest about the kind of guilt.

In the initial editorial board of the reference (when railway There was still no) the route of the transfers to Siberia ran through Kazan, Perm, Tobolsk, where the Tobolsky order was located on the exile and central teams of exile in Siberia, Tomsk, Yeniseisk, Irkutsk - in this city a special expedition about exiles was established. The overall length of the point distance to Irkutsk was 6.4 thousand versts. The direction of the direction of convicts to the place of serving the sentence to the footing procedure for huge distances is the most unique in the history of punishment.

None in any country, except for Russia, there were no indicated features of the reference as species of imprisonment. Hoeane occupied a lot of time, sometimes until a year and a half. Meanwhile, the conditions of detention on the path (in forward prisons) did not differ much from the conditions in religious prisons, and were often much worse. This can be judged by the well-known works by F. M. Dostoevsky ("Notes from the Dead House"), P. B. Yakubovsky ("In the world of rejected. Notes of the former convict"), N. M. Yadrinsky ("Russian community in prison and reference ") and others.

Equipment of all discharges with admission to work were ranked at the tested detachment and kept in sturdes, while it was prescribed to strictly observe "all the rules decisions about the prison". Painting, submitted during the time assigned to the test, hope for correction, "listed" into the detachment correct. Interest here cause correction criteria. According to Art. 96 The charter of exiles were: 1) proof of humility to the authorities; 2) abstainability; 3) tidy; 4) hard work. Few attention in the charter was paid to the issues of attracting convicts to work. It was established that the core first discharge, i.e. Publicly the most dangerous, should have been "used" to the greatest work, referring to the definition of the "local authorities".

In 1831, another criminal executive act, which deserves attention was adopted - Instructions for the province of the provincial prison castle 1831(This act, like others, was subsequently included in the Code of Laws). As stated in the introductory part in the publication of this document, "the SIA's instruction is drawn up in the Council of the Ministry of Internal Affairs, and corrected according to the comments of the St. Petersburg Committee of the Boardist on Prisons of the Company, and in the form of a project is sent to all governors of April 9, 1831, with The instructions to teach the proper orders to bring the rules outlined in it, adopting in the manual on a part of the prison device and in county cities, how many local circumstances and the ways are allowed. "

So, despite the fact that this document (In the literature, it is sometimes mistakenly called common prison instructions) was not approved in the form of a statute, it was obligatory as a guide to action throughout the Russian Empire. In the instructions, the province of the provincial prison castle was first comprehensively adjusted by the execution of punishment in the form of imprisonment. Previously, such codified acts that had nationwide importance were not (we recall that the charter adopted earlier, the reference only regulated the link to the core works and a reference to the settlement).

Structurally, the instruction of the province of the provincial prison castle consists of the following chapters, including 255 pretty short and concise, unlike the charter of exiles, articles:

gL I "order when taking people in a prison castle" (12 articles); GL II "On the property of the prison castle" (19 articles);

gL Iii "On the content of the arrests in the prison castle" (12 articles); GL IV "On our degree and tidy" (21 article); GL V "On the exercises contained in the prison castle" (43 articles);

gL Vi "On the transmitting of the prisoners in the precons at the request of these" (8 articles);

gL VII "On the heating of the furnaces" (6 articles);

gL VIII "On the coverage of a prison lock" (3 articles);

gL IX "On Visitors" (24 articles);

gL X "On the Church" (11 articles);

gL XI "About the Hospital" (55 articles);

gL XII " General provisions"(41 article).

In art. 237 It was said about the need to adopt the arrests to work in order to "decline" to the correction of moral, habit to work. It was prescribed that "the works of this for each of the prostrates were elected, koi, how many possibly, during their conclusion, would occupy them, they would not allow them to be idle, failed to order, to the correct use of time, to subordination and obedience, in order to return to the subsoil of society, they were pleased with their useful themselves and families themselves, they would generally learn to correct morality and to work to work "(italics our. - Note. auth.).

We also note that in relation to the minors of the minor age, it was planned to study their reading, writing, arithmetic, "how much convenience will allow" (Art. 214). Educational work He was entrusted with a priest. Thus, the state quite clearly showed its attitude to the future fate of criminals: it prescribed them to correct them and, therefore, it was also concerned that a law-abiding citizen was returned to society.

For example, it was envisaged that "the caretaker is accounted for by the supervision of his arrests of Crotko and humoring; He tries to bring them to himself a power of attorney asking them about their needs, sometimes some benefits, affection for conversations; But performed by his duties comes with all the accuracy and hardness ... When prescribing punishments, the caretaker must comply with the peace of mind and not to indulge in annoyance and quick-temperedness, so you should verify the guilty that the punishment made him is based on justice "(Art. 205).

Much attention was paid to the conditions for the content of the arrestants, which, as seen from the norms below, was generally allowed to observe human dignity Arrests. So, according to Art. 32-35 provided for the separate content of the criminals "by the genus and the importance of their crimes", women and men, adults and minors convicted from investigative. In addition, it was not allowed to "mix" officials and differences with the "mobile", which clearly manifested the status specifically of the Russian society of that time. Once a week, washing in the bath (Art. 53).

In accordance with Art. 55 was prescribed "the dress, linen and so on to change the washed: blankets and pillowcases in two months in a prison castle; Onuchi once a month; Sheets and pillowcases upper twice a month; shirts, stockings and other underwear once a week; Plots in pillows new in four months. Summer dress, felt, on which they sleep, change new ones, depending on the need. " At the same time, "felt" needed to be inspected "very often and observed so that the unclean was not started; To carry them into the air for refreshment, "(Art. 57). Daily premises relied on time (Art. 58); Cameras and corridors sweep daily in the morning, the windows "wipe the extremes twice a week, and if necessary and more often" (Article 59). A significant place in the instructions occupy the norms regulating issues related to diseases and treatment from them of the prison (ch. XI). It was prescribed to give artants food "moderate, good quality" (Art. 201).

At the same time, the instruction contained a number of prohibitions of a regime character, some of them seem ridiculous today; However, taking into account the socio-economic state of the Russian society of that time they were quite natural. Thus, in the chambers of the arrestants "was not allowed to have ink, paper, pencils, and the like"; It was prescribed to the letters of the arrestants not to send anywhere, also to the arrestants sent not to allow them to receive (Article 41). According to Art. 45, "In no case is not allowed by the contents of the card, checkers, bones and any others in the prison castle. No one was allowed to play "no tools" (Art. 46). It was strictly forbidden to smoke the tube (Art. 47), "all kinds of suquity" were not allowed (Art. 48).

Arrestants were also forbidden to pronounce "Curses or Bug, also to root each other" (Art. 49). In art. 50 It was indicated that "Tepelness, Quarrel, Brank, conversations, seductive songs, laughter and the like acts should not have places between the arrestants." In accordance with Art. 221 Arrestants were not allowed to "have and read any own books, without prior consideration by the caretaker and the priest." In the chambers and beds, the arrestans were forbidden to do "curtains and fences ... Alone from experiments, it is known that, having wrapped off their places and beds, or something else, under the guilty, they are in different fictions and conspiracies for the subtle and for this from the same The most curtains are twisted by the rope, in order to pass through them through the wall of the castle, and therefore it is necessary that the beds made for them were always open "(Art. 223).

If we talk about the style of this document as a whole, then, in contrast to the charter about exiles, a much simpler language is written, phraseological revs are simple and concise. At the same time, as noted by the famous Soviet penitentiary scientist M. N.Hernet, this instruction resembles an Ekaterininsky draft charter of prisons, and this applies not only and not so much content as the "non-listed" nature of the rules on the conditions of serving the sentence. The scientist wrote that "these articles ... remained only on paper, without destroying the prison dirt and anointed chaos."

IN1845 was accepted Claim for punishments of criminal and correctionalwhich was later included in the T. XV of the Code of Laws of the Russian Empire. In terms of deposition, the death penalty has already been envisaged for a relatively small circle of crimes: 1) any malice and criminal actions against the life, health or honor of the emperor's sovereign and all the intent to overthrow him from the throne, to deprive the freedom and power of the Supreme, or to limit the rights of it, or to teach the sacred person of his any violence; 2) Bun against the power of the Verkhovna, i.e. rebellion by the scope and conspiracy against the sovereign and the state; 3) state treason; 4) Resistance to open by force or violent measures of managers to prevent the spread of plague, violence applied to a quarantine guard with the intention to break through a quarantine line, as well as a self-war entrance to a quarantine port of the vessel, arson of quarantine institutions or detached houses.

For other grave crimes, including the murder, a reference was appointed to cortish works in mines or factories for up to 20 years or no longer. Even the convicts convicted to an indefinite cautor, in the event of a murder during the serving of the sentence, did not sentenced to the death penalty. The death penalty was hanging (from the second halves XIX. in. - Nepoboko).

As for corporal punishments, the development of the bourgeois relations in Russia, the reform of this institution became inevitable. However, this process was very difficult. This is evidenced by, for example, the history of the abolition of the whip in Russia. So, in 1824. Liberally tuned admiral N.S. Mordvinov introduced to State Council The proposal to abolish the death penalty, the punishment of the whip and the branding of the face. He, being an eyewitness punishment by the whip, called him a "painful tool that telesses the human body, tears the meat from the bones, mosques the bloody splashes and blood streams of the human body." In the source of the laws of the criminal 1832, the punishment of the whip is found in 50 articles, and only with the publication of cacling on the punishments of 1845. Knut was replaced by the screens. There is no longer the "ripple of the nostrils", "Scholyani Spitzrutenami", cut-off fingers and the more hand chopping. And yet, in proclaiming the punishments of criminal and correctional 1845, corporal punishments were still quite harsh and used as both major and additional

(most often) punishments. According to Art. 27 Casting, the verdict, condemning to the punishment of the Palances, is provided by the appointment of the court or in the city, where the offender is under court or custody, or in the same place where the crime was committed, but always publicly. The latter concerned and punish the rogues. In addition, the criminal could be superimposed K.A.T. (Katoren) (Art. 28).

Rogging from 30 to 40 strokes were punished, in particular, the "lower" officials-Mtzompi, who made the land of land for the peasants (Art. 467). Most often, the deposits are punished in the form of depriving all the rights of the state and references to the settlement or live in Siberia, connected to a corporal punishment (for persons not seized from those) with vacuisers or ropes (the number of shocks could reach 100).

The use of corporal punishment in Russia was criticized by advanced public, which did not see the "trail of barbarism and the Middle Ages" in them. According to the expression V. V. Esipov, they were the "primitive type of violence and bullying over the human person." With the abolition of serfdom in Russia, there is a question of the need for the existence of corporal punishment as such. The realization that the cruelty "insults the moral feeling of the people to such an extent that the vitality of the crime and the holiness of legitimate retaliation is forgotten, a sense of pity for the criminal appears, respect for the law is destroyed; So, during a public punishment, often from the crowd on the scaffolds threw money in order to bribe the executioner and alleviate the fate of the criminal, while the severity of the crime himself went into the background.

On February 17, 1763, a law on corporal punishment reform was issued in the form of a decree "On some changes in the current system of punishment of criminal and correctional". This act is often called the "law on the abolition of corporal punishments in Russia," but it is necessary to keep in mind that the editorial office of criminal punishments (roses and the imposition of Okov) were mentioned in three articles and, moreover, the editorial office of punishments for criminal and corrective 1885 punishment On June 12, 1889, the use of ropted was expanded. And only with the adoption of criminal deployment of 1903, corporal punishments in Russia became the property of criminal law. It happened much later than in other European countries.

In general, after 1863, according to the deposition, the following types of sentence were envisaged:

• criminal punishment: 1) death penalty; 2) reference to the core works; 3) reference to the settlement to Siberia and the Caucasus;
• corrective Punishments: 1) Link to live in remote or less remote places of Siberia; 2) return to the correctional arresting companies of the civilian department; 3) conclusion in the working house; 4) conclusion in the fortress; 5) Conclusion in the straithouse;
• 6) imprisonment in prison; 7) short-term arrest; 8) reprimand in the presence of a court; 9) comments and suggestions from the locations of judicial or government; 10) Monetary Penalty.

In 1884, such types of punishments were abolished as conclusion in workers and strait houses, and, accordingly, the norms about them were eliminated by custody of the institutions and the charters of the custody.

In the second half of the XIX century. The legislation regulating the institution of imprisonment is streamlined. So, in accordance with Art. 14 orders of institutions and charters on the centers contained under the custody of the civilian department focused on the primary prison (GTU) of the Ministry of Justice (from the moment of formation as a result of prison reform in 1879 and until 1895, GTU submitted to the Ministry internal affairs). The boss of the GTU also was subordinate to the "all ranks" of the convoy. In addition, the GTU focused on the production of cases related to the Society of patronage to persons liberated from the places of imprisonment. The noted above the "head" by the prison part did not mean that GTU ran the vertical places in prison. GTU spent their decisions through local authorities (governors, town teams, the provincial rule), in charge of which, in fact, were prisons.

It should also be noted that many norms on the conditions of detention in places of imprisonment were not actually carried out - by virtue of both insufficient financing of the prison system, and insufficiently qualified management of this system at all levels.

• 1) arrest premises for convicts to arrest;
• 2) arrest premises for police for short-term conclusion;
• 3) prisons (provincial, regional and county prison castles, St. Petersburg prison, the Moscow correctional prison were among them;
• 4) correctional artanti offices;
• 5) prisons for the content of convicts for religious work;
• 6) Poster prisons.

Previously, this list included institutions for the content of minor criminals, however, after adoption in 1909, the provisions on educational and correctional establishments relevant rules from the Code of Institutions and Statutes on the custody contained were excluded.

In December 1915, the Minister of Justice Senator A. Tail was approved Total prison instruction.This instruction (consisting of 4 sections, 15 chapters and 334 articles) In concentrated form, included the preceding such documents (instructions for the province of the provincial prison castle 1831, instructions for the prison locations of the Priviline region of 1859, instructions on the device for individuals, under the arrest and sentences of global judges of 1866, general legal advisions on the execution of prison supervisors of their official duties of 1888, temporary rules on the distribution of official duties between members of the prison and guards in the places of conclusion of St. Petersburg 1901, the basic rules of food and The treatment of the arrestants of 1904, the rules of content in the places of conclusion of the civil authorities of the political arrestants of 1904, the rules on the content of the civil authorities of persons sentenced to conclude in the conclusion in the fortress of 1907, the charter of the convoy of 1907, rules on the procedure for serving -The factory in prison general Device 1908, and others, including those discussed above) and is essentially a prototype of the later rules of the internal regulations of corrective labor institutions in the USSR.

In the 1915 instruction, spreading to the core prisons, correctional artanti offices and prisons of other names, are regulated in detail, in particular, the issues of management of detention places (provincial, regional, county, district, forward, arrest houses and premises, etc.), list Objects and products that are artants can store with them, as well as receive in transmissions and in order of alms, etc. Let us dwell on correctional and disciplinary measures applied to the presented in prisons and the prisoners. These were: 1) a reprimand alone or in the presence of other arrestants; 2) deprivation of reading the right of reading, except for the books of spiritual content, no more than one month; 3) deprivation of the right of correspondence for a term not over one month; 4) deprivation of dates for a period not over one month; 5) prohibition to acquire food and other items permitted in places of detention for a period not over one month; 6) deprivation of the right to dispose of half earned money for up to one month; 7) deprivation of earnings over the past time for a period not over one month, but in more important cases - up to two months; 8) reduction of food to leaving on bread and water for a period not over three days; 9) arrest in bright kartzer for a period not over one week; 10) Arrest in a dark kartzer for a period not over one week with a translation into a bright carpenter and with a permission to walk in three days on the fourth.

The nature of the document can be judged by Art. 156, which defines the purpose of punishment: "Deleting freedom, preventing the continuation of them (convicted. - Let us, Avt..) In criminal activity, the goal is not only punishment, but also correcting them, eliminating bad inclinations and habits, as well as preparations for honest labor life at freedom. " Such an approach will be decisive in the Soviet state.

It should be noted that starting from the second half of the XIX century. There are quite large scientific research in the field of execution of criminal penalties (Truda I. Ya. Foignitsky, N. S. Taganseva, V. N. Latkina, S. N. Viktorovsky, M. N. Galkina, S. K. Gogl, V. V. Esipova, and . V. Lohvitsky, S. V. Poznyysheva, M. A. Filippova, etc.).

criminal law legal

The process of the emergence and formation of Russian criminal legislation was complex, gradual and long.

The history of Russian criminal law can be divided into four rounded periods:

• 1) criminal legislation of ancient Russia;
• 2) the criminal law of the centralized Russian state;
• 3) criminal legislation of the Soviet period;
• 4) Criminal law of the Russian Federation after the collapse of the USSR.

The history of the criminal law of each of these periods was reflected in the relevant monuments of law, the most important criminal laws.

The oldest Russian written collection of laws is the Russian truth relating to the XI - XII centuries. Until our time, the Russian truth reached more than one hundred lists, significantly different in content. In the scientific literature it is believed that it was in Russian truth that the first attempt was made to define crimes whose constituents could only be free. The Russian truth reflects two types of crimes - against personality (murder, bodily injuries, beatings, insults) and against property (robbery, theft, violation land borders, illegal use of foreign property). Penalty prevails as a penalty. In practice, the following types of punishment were used: "Flow and looting" (it could be the death penalty, and the confiscation of property, and the sale of chops), Vira, i.e. Penalty in favor of Prince, conclusion in the dungeon, members of the money.

The norms of the Russian truth were based on the Pskov and Novgorod vessel diploma (XIII - XV centuries), as well as Ukrainian, Belarusian and Lithuanian law.

Military articles was canceled during the reign of Nicholas I, when a draft of the laws of the Russian Empire was issued. It was assumed about the punishments of criminal and correctional 1845, which with known changes acted up to the October Revolution of 1917. These changes were made in 1885, when the Code was introduced by some important democratic principles of criminal law (the principle of guilt, the principle "no Crimes without instructions on the law "), as well as in 1903

The foundations of the Soviet criminal legislation were laid on decorations on Court No. 1 and No. 2, containing the norms of the general part of criminal law, Decree No. 1, adopted "December 7 (November 24) of 1917, outlined the division of all crimes on: 1) counter-revolutionary and others The most dangerous crimes (looting, theft, abuse of merchants, etc.) and 2) All others. Decree, No. 2, published on March 7, 1918, canceled criminal liability and imprisonment for minors under the age of before; 17 years, introduced conditionally Early exemption.

In these decrees, the use of pre-revolutionary laws was allowed, but only inspired, since they did not contradict the "revolutionary legal consciousness". In fact, pre-revolutionary criminal law was completely discarded. Published on November 30, 1918. The Regulation on the National Court of the RSFSR categorically banned a reference to the laws of overthrown governments;

Of particular importance for the formation of the Soviet criminal law, the Nar Committee of the RSFSR were issued on December 12, 1919

Guidelines on criminal law of the RSFSR. For the first time, criminal legislation and practical activities of national courts and military tribunals in two years of the existence of Soviet power were summarized.

The first criminal code of the RSFSR came into force on July 1, 1922, it consisted of a common and special part. In general, the main legal institutions relating to the crime, punishment and conditions for its application. The punishment was considered from the standpoint of the newly approved state. Reflecting the "class approach" of the Government of the Bolsheviks, the authors of the Code of 1922. Along with the term "punishment", the term "social protection measures" began to consume.

A special part of the Code consisted of eight chapters systematized in the order of importance of crimes: state. crimes; Official (service) crimes; violation of the rules about the department of the Church from the state; Economic crimes, etc.

With education in December 1922. The USSR is developed by the Union criminal law. On October 31, 1924, the USSR CEC adopted the main principles of the criminal law of the SSR and Union Republic. They determined the competence of the Union of SSR and the Union republics in the field of criminal legislation and established uniform principles and the general principles of Soviet criminal law. The competence of the Union of the SSR also attributed the publication of criminal liability legislation for state, military and some other crimes. In this regard, 19245 It was adopted a provision on military crimes (modified in 1927) and in 1927 - the Regulation on the crimes of state.

In accordance with the basic principles in the Union republics in the period 1926-1935. New criminal codes were adopted. In the RSFSR, the Criminal Code was adopted on November 22, 1926 and was enacted from January 1, 1927. Its common part was built on the basis of the main principles and including almost textually, a number of rules contained in the Union Law (for example, the definition of guilt, insaneness, the necessary defense). At the same time, the Code introduced significant provisions that were absent in the basic basis, for example, the material definition of the concept of a crime, and also clarified and supplemented some concepts and institutions, in particular those relating to the goals and principles of the appointment of punishment, exemption from criminal liability and punishment, supplemented the sentences system. The Criminal Code of the RSFSR in 1926 acted until 1961.

During the period of the Criminal Procedure of the RSFSR, 1926, the Soviet authorities adopted anti-human, can be said, Dragon laws, served by " legal foundation"To carry out bloody repression against your own people who have resulted in numerous human sacrifices and those who have twisted the fate of millions of people. So, the Law of the Central Bank and SCC of the USSR dated August 7, 1932, the decision of the USSR and SCC of the USSR from 07.08.1932 on the protection of the property of state enterprises, collective farms and cooperation HTTP : //ru.wikisource.org/wiki/ "On the protection of property of state-owned enterprises, collective farms, cooperation and strengthening of public (socialist) property" was considered as the enemies of the people of persons who had segged to public property and allowed the use of the death penalty for theft. Along with This law has been operating with the relevant articles of the Criminal Code, which was karable for different types of less serious cases of theft. The law of August 7, 1932 acted until the Presidency of the USSR Supreme Soviet of Decisions was adopted on June 4, 1947 "On criminal responsibility for theft of state and public property" and "on security efforts personal property of citizens "". These decrees were not much different in their cruelty of the law of August 7, 1932, since they provided for certain cases for the embezzlement from 10 to 25 years of imprisonment. Decree of the CEC CEC dated June 8, 1934 G.2 in the Criminal Procedure of the RSFSR 1926 was introduced by Art. 58.1A, 58.1b, 58.1V., 58.1g, which were widely used and served as a "legal justification" during illegal political repression in the 30s, 40s and early 50s, which resulted in the destruction of many thousands of innocent victims Among the best part of the intelligentsia, the command and superior composition of the Red Army, the NKVD bodies and state security, workers and peasants. Especially it should be noted the use of Part 2 of Art. 58 "CC,. According to which punished (deprivation elective law and a link to remote areas of Siberia for five years) adult family members of the Motherland, together with him who lived or were dependent on his time committing. Thus, essentially, the principle of objective imputation was preclosed, i.e. Attracting criminal liability without guilt. The same role was played by the use of the notorious art. 58.10, which provided for criminal liability for anti-Soviet agitation and propaganda.

The basics, as well as laws for criminal liability for state and military crimes, were adopted on December 25, 1958, and entered into force on January 6, 1959. They served as a legal basis for developing and adopting in the period 1959-- 1961. In all the Union republics of new criminal codecs. In the RSFSR, the Criminal Code was adopted on October 27, 1960 and entered into force on January 1, 1961

In recent years, in front of the collapse of the SSR Union in the process of judicial reform, the Commission of the Deputies of the Supreme Soviet of the USSR, with the active participation of prominent scientists and criminalists and law enforcement officers, a significant work was carried out to improve the criminal legislation of the country, in particular for the development of the new foundations of the Criminal Law of the SSR and the Republics of the Union . These basics were widely discussed, especially in research and educational legal institutions, in the prosecution institutions, courts and other law enforcement agencies.

On July 2, 1991, the foundations of the criminal law of the USSR and the Republics and the Republics were adopted by the Supreme Council of the USSR. "They were supposed to be entered into force on July 1, 1992. This document actually not entered into force was used in the development and formation of a new criminal legislation of the Russian Federation .

Evolutionary features of a criminal penalties in criminal legislation

Russian Empire XIX V.

V. A. Kompleova

The study is devoted to the consideration of the main stages of the formation of a criminal punishment system at the prize legislation of the Russian Empire XIX century.

Keywords: punishment, criminal policy, types of punishment, humanism of criminal punishment.

Analyzing the legislative framework for the formation of the Institute of Criminal Punishment in the Russian Empire of the XIX century, it should be consistent with the most important legal acts, which are scattered in that period the system under formation and development.

The beginning of the XIX century. It was marked by a kind of humanistic trends in the criminal policy of the state, which, in turn, served as a mortgage stone to form a system of sentences in the Russian Empire as a whole. In this case, we can discuss that in 1801, the Emperor of Russia, Alexander I, forbidden the use of torture as a method for producing evidence in criminal matters.

In fact, the refusal to obtain evidence illegally involves the appointment of a fair, objective punishment for the crime committed.

A fundamental step in this direction was the adoption of the Code of Laws of the Russian Empire in 1832. Presenting a complex and multidimensional legislation, the Code of Laws pays special attention precisely the characterization of the institution of punishment. In particular, Art. 16 of this act provided for various kinds of executions and punishment for crimes: the death penalty, death political, deprivation of the rights of the state, corporal punishment, work, reference, return to soldiers, deprivation of freedom, money recovery and inventory of movable property in the treasury in the form of punishment, church repentance .

At the same time, the death penalty, canceled by Elizabeth Petrovna, was restored for some

some cases, but it was allowed only with a special highest decree on the establishment of the Supreme Court. The Code of Laws of Russia provided for the death penalty for grave state and some other types of common crimes. At the same time, beating the whip and spysrutenes, who often ended with the death of the convicted person, were actually a hidden form of the death penalty. Attention should be paid to the fact that on the issue of the death penalty at the time in Russian society there were different points of view. A number of scientists, including S. Desnitsky, advocated the use of the death penalty, A. Radishchev, F. Ushakov, Solntsev, I. Lopukhin - for the complete abolition of the death penalty, and S. Barshev, I. Foignitsky, N. Sergeyevsky, A. Zizhienko - for its preservation.

In turn, determining the work as one of the types of punishment in Art. 34 The legislator lists the following types: Camorous work, fortress work, work in ports, on government institutions and factories, work in a vertical house, content in the working house, city work and work from individuals instead of working houses. Turning to the reference characteristic, in Art. 58-65 Code of laws are envisaged by the following types: reference to Siberia to relieve or serf work; Link to Siberia to settlement; Temporary link to Siberia on living; Link to the Transcaucasian provinces; Link to distant cities, villages or other places; expulsion abroad; Examination from the capital with the prohibition of staying in it.

As for the deprivation of liberty as a state imposed on the guilty restriction of freedom to dispose of themselves (freedom

lifestyle and lifestyle), then Art. 70 envisaged such types of imprisonment as imprisonment, personal arrest or detention and police supervision at the place of their residence. In cases provided by lawThe detention tightened content on bread and water. At the same time, the period of imprisonment was determined by the court or as guilt, as well as on the basis of the law, if the deadlines were indicated in it (Article 71).

Another fundamental point is the formation of the purpose of imprisonment in this norm, namely:

1) ensuring the security of society from criminal activities of convicts;

2) Correction of criminals.

In other words, it was the "behavior and success in correction" it was the main criteria for individualization of punishment in the military-arrestants of the civil authorities enshrined in the Regulation "on the Correctional-Arrestric Rotes of the Civil Agency" of August 15, 1845. At the same time, the means of correction and receptions of the resocialization of convicts were called labor and "accounting to craftsmen" (vocational training), and their character (the severity, prestige of classes) was addressed to the success in the correction and health status.

Changes in socio-economic conditions, as well as the transformation of state-based needs led to the reissue of the Code of Laws of the Russian Empire in 1842, in an updated form, it provided for such punishments as the death penalty; Link to Katorga; to settlement, watering and simply link; serfs and government officials; Arestantic companies; working house; straight home; Prison and arrest.

2) reference to the settlement with deprivation of all rights, but without punishment with the screens; It was appointed for persons privileged instead of the first species and for those of all states for less serious crimes (concrete manifestation of miracles, hearing the authorities and recurrence of the € 3) reference without deprivation of rights, but with the punishment of the screens or with works on state, factories was appointed for persons unprivileged; 4) reference without deprivation of rights, without bodily punishment was determined in

which are special cases, somehow: for heresy and split, as well as instead of other punishments with the inability to execute them (for example, military service) or in the types of colonial (for example, for women); The name of this type in the legislation has not yet been established, but most often it is called a reference to live or on the waterportation.

As a result of the systematization of criminal law on August 15, 1845, an exhibition on punishments of criminal and correctional was made. It divided punishment on criminal and correctional (Art. 18). Art. 19 Claiming establishes the most serious punishments, referred to as criminal, namely:

1. The deprivation of all the rights of the condition and the death penalty.

The types of death treasure were determined by the verdict of the court (Article 20). In particular, the Code defines two types of cortics: permanent cautious booster and urgent hard work. A permanent cautious cautor was rarely used: for the deceubency (Art. 1920), the murder, perfect (1921), the murder of close relatives (Article 1022), for arson (Art. 2108), for the sump (Art. 2119), etc. d.

In turn, Art. 34 Claiming contained a list of correctional punishments. These were:

1. Loss of all special rights and advantages both personally and by the state of convictedly assigned to him and link to live in the distant or less remote places of Siberia, with a temporary place-defined place for his residence, or without any, but for persons who are not withdrawn From punishment of bodily, punishment by rods from 50 to 100 shots and returns to the correctional artantic companies of the civilian department, with the loss of all special rights and advantages both personally and as a state or rank of convicted to him.

the convicted to him assigned to him, with a temporary place-defined place in or without it, but for persons who were not withdrawn from punishment, conclusion in a chalkdom house, also with the loss of all special rights and advantages both personally and as of all or rank convicted to him assigned.

3. Conclusion in the fortress with the deprivation of some special rights and advantages both personally and as a state of convicts assigned or without deprivation, depending on the kind of crime and measures of guilt.

4. Conclusion in a vertical house, with deprivation of some of the special rights and advantages of both personally and, as a state of convicted or without deprivation, depending on the kind of crime and measures of guilt.

5. Conclusion in prison.

6. Short-term arrest.

7. Express, comments, suggestions, cash recovery.

In addition, it should be noted that in the note to Art. 61 was allowed to apply many correctional punishment (in particular, short arrest, easy punishment by rods (no more than 40 strikes), promenade, comments, suggestions, money recovery) without considering the case in court - in administrative order. This feature was eliminated only during the judicial reform of 1864.

This circumstance aroused the consideration of the issue of sentenced to long time conclusion in the legislative and replacement of a continuous conclusion of a simple reference to Siberia, where it was established the new kind References as replaced by punishment correctional, differ from the criminal reference to the settlement and received the name of the reference to the waters, and the reference of this category - the operating workers, and this new type of reference declared a measure of temporary.

Such was the essence of the law of November 23, 1853, Western Siberia since 1859 was released from the judicial criminal link, only the referenced to the Life of the Administration were sent here on sentencing and orders. Referred to the settlement of the tramps went to Eastern Siberia, and the referred to the boat - on

about. Sakhalin, Transbaikalia and Central Prisons.

In general, the criminal legislation of this period shared a reference to judicial and administrative. Among the exiled courtes were highlighted by reference to the cautious, to settle, on living, on the waters. Until the middle of the XIX century. legislation

in Russia, he did not know the administrative reference, but practically it was used as a reference "on the highest command" to religious and political criminals from the highest layers and to persons who fell into opal to the sovereign. The administrative reference was legalized in 1881 by the Regulations on measures for the protection of state order and public peace, and in 1882 the Regulations on the police supervision established the order of supervision for exiled at the place of residence. Deconsions of June 5, 1811 and June 31, 1812, an administrative reference by the will of landlords, as well as rural and bull-sized balls, is recognized as "not legitimate grounds" and canceled.

In this regard, it should be said that the reference to Siberia was used often and even for light misconduct; Wanting to make a serious criminal punishment, the compilers of the deposit were forced to establish punishments for light acts and for this changed the importance of the artantic mouth, workers and strait houses, determining them as imprisonment, the lower steps of which were left to prison and arrest.

Thus, the Code provided for several types of imprisonment: correctional artantic companies of the civilian department, a working house, a straithouse, a fortress, prison, short-term arrest. However, the differences between them were often reduced to the name and order of the manner.

In addition, the deployment continued the estate approach and the qualifications of punishment and to define sanctions in accordance with the established privileges, as well as corporal punishment. In addition, a police surveillance was established for serving a sentence in correctional prisoners of a civilian department, prisons and fortresses with deprivation of rights.

In this context, it should be noted that, in general, the system of punishments and their execution compared with the previous legislation has become less severe, but it would be unfair to call it humane. Unlike the deployment of 1845, the Claim on the punishments of the editorial office of 1866 excluded corporal punishment, but Art. 78 Claiming set the order by which "in the case of an explicit inability to subjected to the guilty conclusion in the work house, nor in prison, it may be applied for persons who are not withdrawn by law from punishment. However, in contrast to the deployment of 1845, the imposition of punishments in the editorial office of 1866 contained 1711 articles (Introduction of 1845. -2224 articles). This was due to the fact that, first of all, articles were excluded, establishing

the responsibility of the fortress peasants, secondly, in connection with the implementation of the 1862 police reform and the judicial reform of 1864, an attempt was made to delimit the responsibility of criminal and administrative. In essence, many articles from the deposits were excluded and introduced into various laws regulating the organization and the procedure for managing certain sectors (in particular, the Customs Charter, the charter on government forests, etc.). Finally, in connection with the adoption in 1864 the Charter on the punishments imposed by the magistrates, 652 articles about unavailable crimes and misconduct were seized from the deployment of 1845.

The judicial reform of 1864 (and, according to the Charter on the punishments imposed by the World Judges), was established by the principle of equality of all classes before the law, which was reflected in the cessation of 1866. However, in practice, the differences on the estate principle remained, especially when determining the sentences associated with deprivation or restriction of rights (the volume of rights was determined to belong to class).

Characteristic features of the adopted charter of punishments imposed by the magistrate were humanity, democracy, simplicity.

In fact, the charter of 1864 gathered together decisions on minor violations provided for by previously other laws. This regulatory act received a high assessment of contemporaries for humanism, democracy and ease of use.

He provided four types of punishment for criminal misconduct (Article 1):

1. Express, comments, suggestion.

2. Cash recovery in the amount of not over 300 rubles.

3. Short-term arrest (up to 3 months).

4. Conclusion in prison is not over 1 year.

Thus, imprisonment was

it was introduced instead of imprisonment in the working house, which was subject to the faces of the lower estates. The lawmakers sought to show social equality in its application, but some class differences are preserved in individual articles (Art. 4, 5, 8, etc.). Since under the charter, the prison opinion was envisaged for mercenary misconducts, for which the magistrate could be punished, as a rule, persons from unprivileged classes, and if, in accordance with Art. 3, the work houses were distributed on the sentenced to imprisonment, then in fact conclusion in the working house as a type of punishment remained, but in the unification of punishment measures

lo is reduced from 3 years to 1 year. On the replacement of imprisonment in the work house, the prison has also affected the lack of worker houses. The content in the working house was to differ from imprisonment of work. With the introduction of compulsory labor in prison, the difference between two forms of detention is lost. Art. 3 of the Charter provides for the use of convicted to imprisonment at work established for working houses.

In addition, Art. 8 The Charter provided for in essence another type of punishment - the return to public works and to earn the insolvent peasants and the boss. However, it was the right, but not the responsibility of the court. This question in each particular case was solved based on the view of the offense.

In 1885, once again, an exhibition of punishments of criminal and correctional punishes, which changed the system of imprisonment places. Such types of imprisonment, as a settlement, conclusion in the correctional artantic branches, fortress, prison, arrest were distinguished. In the laying of the publication of 1885, there are no punishments in the form of a conclusion in a working and straight house. Appeared in 1775 on the basis of such legislative ActAs an institution for the management of the provinces of the house was abolished in 1884 as not justified themselves. In addition, debt prisons have ceased to exist, the arresting companies. The public procedure of execution and branding convicts to religious work were abolished.

At the same time, the imposition did not include articles that determine the possibility of replacing the imprisonment by corporal punishments, since, despite the abolition of corporal punishment, such a replacement was possible on previously existing legislation in some cases.

At the same time, it should be noted that legal norms for the most part were declarative in nature, since the compilers of circulars clearly overestimated the real possibilities of the material base of the Russian prison system - in their significant part these rules were not embodied. A similar separation of criminal norms from reality will be characteristic of the entire criminal and executive system of Russia. In particular, analyzing the peculiarities of these legal acts, M. N. Gernet indicated that the number of articles on referred four times exceeded the number of articles on those kept in custody, which emphasized the prevalence of the legislator's interest to reference, rather than to imprisonment.

In fact, shifting mainly obligations to combat crimes of a small danger to local provincial and county institutions, the government mainly concentrates its attention to the protection of the foundations of the state system. However, such legislation could not change the current system at root.

However, it should not be underestimated. In this period, in fact, progressive theoretical trends in the development of the criminal punishment system are beginning to be laid in general, attempts are made to classify criminals, differentiation and individualization of punishment, much advanced practical implementation. Regular participation of Russian representatives in international prison congresses encouraged active actions in solving many problems. The basic principle in the field of appointment and application of criminal punishment was humanism. First of all, it concerned the regulation of the conditions for the appointment and serving the sentence in places of imprisonment. However, it should be emphasized that the relevant decisions of the authorities reflecting the principle of humanism of criminal punishment were not always embodied in practical activities. At the same time, it is paramount to be of paramount importance that, in fact, the systematization of criminal law and the legislation of Russia, the individual norms of which were used in the future, creating a basis for further progressive development of a criminal punishment system that meets the requirements of the legal, democratic state.

Literature

1. Hernet M. N. History of the royal prison. M., 1961. T. 1. P. 36.

2. Children M. G. Punishment in Tsarist Russia. The system of its execution. M., 1994. P. 39.

3. Ivanov A. A. The goals of punishment and the formation of the Russian prison system in the second half

The XVIII century - the first half of the XIX century // The history of the state and law. 2005. No. 5. P. 37.

4. Coils K. K. Penitentiary system of Russia: the formation of a mechanism for the functioning of the prison authority in the territory Far East In the second half of the XIX - early XX centuries: author. dis. ... Cand. jurid science Nizhny Novgorod, 2001. P. 8-9.

5. Lisin A. G. Petrenko N. I., Yakovleva E. I. Prison system of the Russian state in the XVIII - beginning of the XX centuries. M., 1996. P. 22-23.

6. On violation of human rights in Russia: Sat. Males Mosk. Research Center for Human Rights. M., 1998. P. 144.

7. Russian legislation X-XX centuries: at 9 t., M., 1987. T. 5. The legislation of the heyday of absolutism. P. 266-267.

8. Russian legislation of X-XX centuries: at 9 t., M., 1998. T. 6. The legislation of the first half

XIX century. Pp. 174.

9. Russian legislation of the X-XX century: in 9 t., M., 1991. T. 8. Judicial reform. P. 395.

10. Judicial statutes on November 20, 1964, with the statement of reasoning, on which they are based, published by the State Chancellery. 4.1-4. 2nd ed., Add. and change Part 1-5. St. Petersburg., 1867. P. 349.

11. Tagansev N. S. Russian criminal law. St. Petersburg., 1902. T. 2. P. 965.

12. The Charter on the punishments imposed by the magistrates, clarified by the decisions of the criminal cassation department of the Governing Senate for 1866-1871. / Sost N. P. Timofeev. St. Petersburg., 1872. P. 6-7.

Evolution FEATURES OF CRIMINAL PUNISINAL SYSTEM IN THE CRIMINAL LEGISTATION OF THE RUSSIAN EMPIRE IN 19TH CENTURY

Research Is Devuted to the Consideration of the Basic Stages of the Formation of the Criminal Punishment System In Terms of the Criminal Legislation of the Russian Empire in 19th Century.

Key Words: Punishment, Criminal Policy, Punishment Types, Humanism of Criminal Punishment.