Criminal-legal characteristics of crimes against life and health in common law of Don Cossacks
https://doi.org/10.22394/2074-7306-2023-1-1-120-126
Abstract
The article examines the criminal law issues of protecting human life and health as an integral part of the history of criminal law, coupled with theoretical and historical legal sciences. The authors consider the types and content of illegal acts, expressed in causing harm to human life and health, criminalized in the customary law of the Don Cossacks. The use of customs to regulate criminal law relations is a universal practice for early feudal states, such as Ancient Russia, as well as regional - for the Russian Empire. As a result, the authors conclude that historical and legal methodology is widely used in the formation of modern criminal law and that legal reception from foreign legislation is of secondary importance. At the same time, attention is drawn to the fact that the history of criminal law is currently considered an integral part of the criminal law sciences.
About the Authors
G. G. Nebratenko
South-Russia Institute of Management – branch of Russian Presidential Academy of National Economy and Public Administration, Rostov Institute of Law of the Ministry of Internal Affairs of the Russian Federation
Russian Federation
Russian Federation
G. G. Nebratenko – Doctor of Law, Professor of the Department of Theory and History of State and Law, Professor of the Department of Theory of State and Law
Rostov-on-Don
E. V. Bezruch
Rostov Branch of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
Russian Federation
Russian Federation
E. V. Bezruchko – Doctor of Law, Head of the Department of Criminal Law and Criminology
Rostov-on-Don
References
1. Khizhnyak Ya. A. Napoleon's contribution to the development of the legal system of France and other European states in the XIX century. Sinergiya Nauk = Synergy of Sciences. 2018;(22):1598–1605. (In Russ.)
2. Ivanov A.A. The main question of criminology: a look through the prism of history. Vestnik Moskovskogo gosudarstvennogo oblastnogo universiteta. Seriya: Yurisprudentsiya = Bulletin of the Moscow State Regional University. Series: Jurisprudence. 2017;(4):139–155. (In Russ.)
3. Bespalko V. G. The criminal-legal meaning of the Old Testament Ten Commandments. Voprosy pravovedeniya = Questions of jurisprudence. 2013;3(19):470–483. (In Russ.)
4. Glushachenko S. B. Customary law in the contract between Russia and Byzantium 911. Leningradskii yuridicheskii zhurnal = Leningrad Law Journal. 2018;(2):20–31. (In Russ.)
5. Flyagina M.V. About the composition of dialect vocabulary in the collection "Don affairs". In: Lexical atlas of Russian folk dialects. St. Petersburg; 2015:517–529. (In Russ.)
6. Shatkovskaya T. V. Experience of reconstruction of legal traditions of the Russian people on the basis of acts of the Russian state of the Empire period. North Caucasus Legal Vestnik. 2013;(4):15–20. (In Russ.)
7. Nebratenko G. G. History of ancient Cossack law. Rostov-on-Don; 2018. 244 p. (In Russ.)
8. Nebratenko G. G. Crime and punishment in the customary law of the Don Cossacks. Rostov-on-Don; 2015. 200 p. (In Russ.)
Review
For citations:
Nebratenko G.G., Bezruch E.V. Criminal-legal characteristics of crimes against life and health in common law of Don Cossacks. North Caucasus Legal Vestnik. 2023;(1):120-126. (In Russ.) https://doi.org/10.22394/2074-7306-2023-1-1-120-126
Views:
7
JATS XML
Email this article 