Early stage of criminal procedure development in Old Rus'

In this paper, the most promising options for developing the modern criminal procedure of Russia in the system of state penal policy were considered based on the analysis of the mutual influence exercised by the legal customs of Old Rus’ and the Byzantine canon traditions. Various methods were used...

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Main Author: O.A. Tarnavsky
Format: Article
Language:Russian
Published: Kazan Federal University 2020-08-01
Series:Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki
Subjects:
Online Access:https://kpfu.ru/uz-eng-hum-2020-4-13.html
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author O.A. Tarnavsky
author_facet O.A. Tarnavsky
author_sort O.A. Tarnavsky
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description In this paper, the most promising options for developing the modern criminal procedure of Russia in the system of state penal policy were considered based on the analysis of the mutual influence exercised by the legal customs of Old Rus’ and the Byzantine canon traditions. Various methods were used in the course of the study: periodization of historical and legal processes that defined the emergence and subsequent development of criminal procedure; historical and genetic approach in order to date the moment when the first legal relations of a criminal nature occurred in Old Rus’; classification method to summarize the characteristics of legal phenomena and events associated with the emergence of criminal procedure. Based on the thorough investigation of a number of historical documents, it was concluded that criminal law and procedure of the indictment type had already existed in the pre-Christian era of the Old Russian state, due to the impact of the Hellenic legal culture. They were codified in the Rus’ Justice, an ancient legal code of the Russian state.
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spelling doaj.art-84be3d72413e4d779a07c77d1d78c1a02023-06-19T14:39:15ZrusKazan Federal UniversityUčënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki2541-77382500-21712020-08-01162414015110.26907/2541-7738.2020.4.140-151Early stage of criminal procedure development in Old Rus'O.A. Tarnavsky0Orenburg State University, Orenburg, 460000 RussiaIn this paper, the most promising options for developing the modern criminal procedure of Russia in the system of state penal policy were considered based on the analysis of the mutual influence exercised by the legal customs of Old Rus’ and the Byzantine canon traditions. Various methods were used in the course of the study: periodization of historical and legal processes that defined the emergence and subsequent development of criminal procedure; historical and genetic approach in order to date the moment when the first legal relations of a criminal nature occurred in Old Rus’; classification method to summarize the characteristics of legal phenomena and events associated with the emergence of criminal procedure. Based on the thorough investigation of a number of historical documents, it was concluded that criminal law and procedure of the indictment type had already existed in the pre-Christian era of the Old Russian state, due to the impact of the Hellenic legal culture. They were codified in the Rus’ Justice, an ancient legal code of the Russian state.https://kpfu.ru/uz-eng-hum-2020-4-13.htmlold russian staterussian legal custombyzantine canon traditionscriminal procedurepenal policy
spellingShingle O.A. Tarnavsky
Early stage of criminal procedure development in Old Rus'
Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki
old russian state
russian legal custom
byzantine canon traditions
criminal procedure
penal policy
title Early stage of criminal procedure development in Old Rus'
title_full Early stage of criminal procedure development in Old Rus'
title_fullStr Early stage of criminal procedure development in Old Rus'
title_full_unstemmed Early stage of criminal procedure development in Old Rus'
title_short Early stage of criminal procedure development in Old Rus'
title_sort early stage of criminal procedure development in old rus
topic old russian state
russian legal custom
byzantine canon traditions
criminal procedure
penal policy
url https://kpfu.ru/uz-eng-hum-2020-4-13.html
work_keys_str_mv AT oatarnavsky earlystageofcriminalproceduredevelopmentinoldrus