
Mongolian Trace in the Criminal Penalties Institute in Buryat Society of the Russian Empire in XIX Century
Author(s) -
Yuri P. Garmaev,
Navaan Gantulga,
Yuri V. Kharmaev
Publication year - 2018
Publication title -
international journal of engineering and technology
Language(s) - English
Resource type - Journals
ISSN - 2227-524X
DOI - 10.14419/ijet.v7i4.38.24348
Subject(s) - empire , clan , dialectic , state (computer science) , context (archaeology) , interpretation (philosophy) , political science , law , sociology , history , philosophy , archaeology , theology , linguistics , algorithm , computer science
The article is devoted to a scientific study of the criminal penalties status in the Russian Empire of the XIX century in its outlying areas, in particular Transbaikal territory, mainly populated by the Buryats. The modern local institution of criminal penalties is justly criticize due to unsatisfactory implementation of criminal responsibility and the failure to achieve the main goals of penalties in society. The solution of pending problems in this field is impossible without taking into account, both historical and positive foreign experience. Empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectic logic. It is interesting to see the experience of criminal penalties in the Russian Empire of the XIX century in Buryat society, which seamlessly combine both Russian traditions and the customs of the neighboring Mongolian state. Legal regulation of the outlying territories of the Russian Empire in the XIX century, in the context of preventing criminal acts is based on the peculiarities of delineation of legal proceedings depending on categories of the crimes committed. As the study reveals, prevention of new crimes in the outlying territories of the Russian Empire in XIX century (in the Buryat society) and correction of the offender were achieved primarily through public institutions (local government, tribal and clan communities). We believe that in modern conditions, along with the state institutions of subjects of prevention, the possibility of preventive measures by the mentioned institutions should not be discounted.