Model of the Soviet criminal law codification: methodological, legal and technical features

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Abstract

Researched process of theoretical preparation and practical experience in developing the first Soviet criminal code. It reveals the special significance, legal accessibility and partial continuity of certain provisions and constructions of the RSFSR Criminal Code of 1922, whose centenary is being celebrated this year by the Russian historical-legal and criminological community. The authors emphasize the advantages of legal codification projects, scientific doctrine (legalistic and sociological schools) and post-Russian Revolution law-enforcement practice for consistent codification by means of elaboration and adoption of drafts under the scheme: Code of Statutes / Code - Guiding principles - Republican code - basic Union code. The article analyzes the key provisions of the General and Special parts of the Republican Penal Code of 1922. It notes their keen political focus, class character of the penal system and their descending ladder, elaboration of crime from formal to substantive, the concept of potential danger and the analogy of law, paradoxical humanization by consolidating the system of social protection and non-custodial measures, new excluding circumstances, and juvenile system of penalties for minors. The research employs the system-structural, comparative-historical and functional methods, as well as special methods of technical and legal analysis, dogmatic interpretation and description of legal events and processes in specific historical circumstances of Soviet Russia in 1920s.

About the authors

Elena N. Trikoz

Moscow State Institute of International Relations (MGIMO University) of the Ministry of Foreign Affairs of Russia; Peoples’ Friendship University of Russia (RUDN University)

Author for correspondence.
Email: alena_trikoz@mail.ru
ORCID iD: 0000-0001-7331-480X
ResearcherId: A-7996-2018

Candidate of Legal Sciences, Associate Professor of the Department of Theory of Law and Comparative Law, Faculty of International Law, Moscow State Institute of International Relations (MGIMO University) of the Ministry of Foreign Affairs of Russia; Associate Professor of the Department of Public Policy and history of State and Law, Law Institute, Peoples’ Friendship University of Russia (RUDN University)

76 Vernadsky Prospekt, Moscow, 119454, Russian Federation; 6 Miklukho-Maklaya str., Moscow, 117198, Russian Federation

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