Open AccessCrimes against Justice in Criminal Law Russian Legislation of the Absolute Era Monarchies
Author(s) -
E.V. Georgievskij,
R.V. Kravtsov
Publication year - 2021
Publication title -
sibirskij ûridičeskij vestnik
Language(s) - English
Resource type - Journals
eISSN - 2071-8144
pISSN - 2071-8136
DOI - 10.26516/2071-8136.2021.2.63
Subject(s) - law , political science , criminal law , legislation , criminal justice , proportionality (law) , legislature , theory of criminal justice
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.