Open AccessCrimes against justice in the soviet criminal law
Author(s) -
E.V. Georgievskiy,
AUTHOR_ID,
R.V. Kravtsov,
AUTHOR_ID
Publication year - 2021
Publication title -
sibirskij ûridičeskij vestnik
Language(s) - English
Resource type - Journals
eISSN - 2071-8144
pISSN - 2071-8136
DOI - 10.26516/2071-8136.2021.4.98
Subject(s) - legislature , legislator , political science , criminal justice , legislation , law , theory of criminal justice , criminal procedure , economic justice , criminal code , criminal law , state (computer science) , power (physics) , administration of justice , institution , physics , algorithm , quantum mechanics , computer science
The article analyzes the Soviet criminal laws containing criminal attacks against justice. Starting with the Decrees of the Council of People’s Commissars and ending with criminal codes, the Soviet legislator is trying to create a system of crimes that violate the interests of justice. The doctrinal views of scientists on the essence and types of various criminal manifestations that encroach on the foundations of judicial and public power in the Soviet state are presented. The research methodology was made up of specific historical and comparative (comparative legal) approaches to the legal nature of the institution of crimes against justice. The basis for the formation of conclusions is a general inductive method, which allows from private (casuistic) legislative fragments to come closer to the general principles of legislative registration of the protection of the interests of justice. In the course of the study, a number of theoretical propositions were identified and systematized. Particular attention is paid to the 1960 Criminal Code of the RSFSR, in which, for the first time in the history of Russian criminal legislation, all crimes against justice were collected together in one chapter and systematized. The authors suggested that a kind of “inertia of legislation” in the issue of legislative regulation of crimes against justice in the first years of Soviet power is explained by the general approach to judicial and public power as a faceless part of the mechanism of state administration. And only over the years does a fundamentally different approach to the protection of public relations in the sphere of justice begin to take shape.