ON THE STAGES OF THE DEVELOPMENT OF THE SCIENTIFIC SCIENCE OF THE INSTITUTE OF LAW AND JUSTICE OF JUSTICE RELATED TO THE GOVERNMENT OF THE RUSSIAN FEDERATION

ON THE STAGES OF THE DEVELOPMENT OF THE SCIENTIFIC SCIENCE OF THE INSTITUTE OF LAW AND JUSTICE OF JUSTICE RELATED TO THE GOVERNMENT OF THE RUSSIAN FEDERATION

Stepanov O.

Doctor of Law, Professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Center for Judicial Law

Abstract

We review the stages of activity of scientists representing the theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation since its establishment in 1923 up to the present.

Keywords: Creation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Criminal Law School, stages of development.

INTRODUCTION

Since the establishment of the Institute of Legislation and Comparative Law under the Government of the Russian Federation (at that time the "Cabinet for the Study of the Personality of Criminals and Crime" whose purpose was "to make the fight against crime more painless and at the same time more effective") in 1923, scientific research in the field of criminal law sciences has received special attention [1].

Thus, the first ten years of the establishment of a scientific criminal law school were associated with the further development of progressive trends in Russian legal thought that had taken shape in the late nineteenth and early twentieth centuries. Its ideologist was M. N. Gernet, who authored a number of fundamental criminological and criminal law studies that were published prior to the Revolution.

M. N. Gernet united around himself such major scientists in the theory and practice of criminal law as A. A. Zhizhilenko, S. V. Poznyshev, A. N. Traynin, M. M. Isaev, A. A. Piontkovsky, P. I. Lublinsky.

One of the main results of the work of the research group of that time was the collection of articles entitled "The Criminal World of Moscow" (1924), which analyzed various types of crimes committed in Moscow, examined their specific character and studied the psychology of criminals. On the basis of collected data on criminal cases, which were under investigation by the Moscow police, information on such crimes as robbery, robbery, theft, fraud, arson was systematized.

The transformation in October 1925. The Cabinet's transformation into the "State Institute for the Study of Crime and the Criminal" is connected with the creative activity of these people, who were "united by the consciousness of the common responsibility before the country, in view of the crime hydra soaring from one to the other of its hundreds of heads» [2].

The Statute of the Institute stipulated that the purpose of its establishment was to find out the causes of crime, to study the success of the methods used to fight crime, to work out the issues of criminal policy, and to study individual criminals. That is why the extensive sociological data obtained by studying the main tendencies in crime development and the most widespread crimes of the 1920s and early 1930s was compiled and analyzed in the works of scientists of the Institute at that time.

On the basis of mass criminological research of criminal categories and comprehensive analysis, factual and statistical materials obtained in the development of criminal policy course, they prepared thematic collections of theoretical papers on criminal law ("Embezzlement and Embezzlers", "Hooligans and Hooliganism", "Problems of Crime").

The works of M.N. Gernet and his humanistic ideas defended in the works of his students A.A. Gertsenzon, H.M. Charikhov, A.N. Troinin, P.V. Vsesvyatsky served as the basis for the revival in Russia of criminology as the most important theoretical direction of the science of criminal law. At the same time, theoretical questions of criminal law, in particular, received wide coverage in four collections of the Institute "Problems of Crime", in which the problems of crime dynamics, construction of criminal punishment system, peculiarities of separate kinds of punishment were studied.

NEW REALITIES

From the beginning of the 1930s representatives of the criminological school of the Institute took an active part in working out new projects of the Criminal Code on the basis of humanistic traditions of Russian jurisprudence. But in the middle of the 1930s they were severely criticized "for their bourgeois bias in the development of sociological, psychological and institutional parameters of criminality and for the increased attention paid to the personality of the offender". As a result, by the end of 1933 the task of studying crime problems, which had previously been the basis of the Institute's activities, was reduced to a minimum, and the State Institute for the Study of Crime and the Offender was transformed into the Institute for Criminal and Correctional Labour Policy.

In 1937-1938, scientists of the Institute concentrated their attention on the study of the historical stages of the formation and development of the prison system

in autocratic Russia, which gradually shaped the outlines of M. N. Gernet's major work "History of the Tsarist Prison". The study of theoretical questions of criminal law.

For example, in 1938 a textbook on the General Part of the Criminal Law was prepared for publication, authored by such scientists-criminologists as A.A. Gertsenzon, N.D. Durmanov, M.M. Isaev, B.S. Mankovsky, V.D. Meninagin, and A.N. Traynin [3].

During the Great Patriotic War, the scientific life of the Institute did not stop. For instance, in June of 1944 the VAK of the All-Union Committee on Higher Education under the USSR Council of People's Commissars of the USSR approved thesis on the topic "Development of criminal law ideas in Russia in the second half of XVIII and the beginning of XIX centuries" for the degree of

Doctor of Law and for the academic title of professor in the field of "criminal law" by B.S. Oreshkovich.

In March 1945 the senior researcher of the Institute M. D. Shargorodsky prepared and defended his dissertation "Crimes against the Person" for the degree of Doctor of Law. The official witnesses Professor M. M. Isaev, A. A. Gertsenson, A. N. Traynin and the unofficial witnesses Professors M. N. Gernet and A. A. Piontkovsky noted the independence of scientific research, the courage and originality of the author in formulating and solving theoretical and practical problems of criminal law, the great erudition of the applicant, the rich Russian and foreign scientific and legislative material that he used.

After the end of the Great Patriotic War the employees of the Institute I.T. Golyakov and A.N. Traynin participated in the preparation of international legal materials of the Nuremberg Trials of Nazi war criminals. On the materials of the Nuremberg Tribunal M. N. Gernet prepared a monographic work "Crimes of Hitlerites against humanity", systematizing the crimes of Nazi invaders, for which they had to answer before an international tribunal.

Being the director of the Institute for eighteen years (from 1938 to 1956 with a break in 1948), I.T. Golyakov actually acted as a scientific editor and consultant for three generations of scientists of the Institute - A. N. Traynin, M. M. Isaev, A. A. Piontkovsky, M. M. Grodzinsky, B. S. Utevsky, A. A. Gertsenzon, V. D. Durmanov, V. M. Chkhikvadze, M. D. Shargorodsky, Z. A. Vyshinskaya, A. A. Ruskol, E. I. Astrokhan, S. S. Karinsky, and several others.

Rich practical experience and profound theoretical knowledge allowed I. T. Golyakov to organize work on codification and research in the field of criminal law at the Institute. As a result, at the end of the 40-s of the last century the corresponding recognition of the scientific community was obtained by the scientists of the Institute on the problems of criminal law responsibility: "Complicity in crime" by B.S. Utevsky; "Long-term imprisonment and cancellation of judgment" by N.D. Durmanov; "Crimes against a person" by Z. A. Vyshinskaya; "Composition of Crime under Soviet Criminal Law" by A.N. Traynin; "Crimes against Life and Health" by M.D. Shargorodsky, his "Criminal Law"; "Interpretation of Soviet Criminal Law" by A.I. Shlyapochnikov; "Crimes against Life" by N.I. Zagorodnikov, etc. And in the 1950s these scientists of the Institute made a great contribution to the work on the preparation of the new codification of criminal law, aimed at the abolition of norms that created legislative conditions for mass violations of the rule of law in the country [3].

NEW CHALLENGES AND TASKS

In the early 1960s the developments of criminologists of the Institute were associated with the theoretical justification of the need to introduce humanistic principles in penal practice. An important role in this process belongs to such works of B.S. Nikiforov as "The Object of a Crime under the Soviet Criminal Law", "On Intent under the current criminal law", "Subjective side in formal crimes" in which the scientist raised a number of complex and topical problems in the theory of criminal law concerning its nature, the subject and method of criminal law regulation and criminal legal relations.

During the same period of time in connection with the creation of the All-Union Institute for the study of the causes and development of crime prevention measures under the USSR Prosecutor's Office in 1963, the bulk of the scientists-criminologists of the Institute was transferred to this organization. In such a difficult situation a great contribution to the revival and development of the criminological school of the Institute was made by such scientists as E. V. Boldyrev, V. N. Ivanov, V. M. Galkin, who in the second half of 1960s and in 1970s prepared a cycle of works on theoretical problems of the General part of criminal law.

Along with this, from the mid-1960s, the Institute resumed studies of the effectiveness of criminal punishment, conducted fundamental research into the personality of juvenile offenders, which marked the beginning of a number of areas of social and legal research.

Thus, V. N. Ivanov actively worked on the preparation of draft norms of criminal responsibility for mismanagement, draft legislation on changes in criminal law in connection with the need to bring it into conformity with the Constitution of the USSR, preparation of several editions of the Scientific and Practical Commentary on the Criminal Code of the RSFSR, several editions of the textbook "Fundamentals of Soviet Law", a manual on criminal law for secondary schools of law. Together with the Institute of State and Law of the USSR Academy of Sciences and the Institute of the USSR Prosecutor's Office, materials on the decriminalization of certain norms of criminal law were prepared in connection with the improvement of legislation on administrative offenses.

It is important to note that conceptual approaches of E.V. Boldyrev and V.M. Galkin stated in their articles "About the structure of the criminal law norm" (1974), "About the system of the Soviet criminal legislation" (1975), "Criminal law sanctions" (1976), "Criminal law norm and corpus delicti" (1977) were taken into consideration many years later while preparing the draft of the Russian Criminal Code 1996.

Developing the traditions of the Institute's criminological school, a number of its staff members, including V.P. Kashepov, A.A. Gravina, T.A. Kostareva, I.L.

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Norwegian Journal of development of the International Science No 80/2022 Marogulova, took an active part in the study of mechanisms of the RF Criminal Code of 1996 related to property crimes [4].

The main efforts of these and other scientists of the institute were aimed at improving the structure of individual criminal law norms, as well as the system of criminal law as a whole. They investigated and continue to investigate the general theoretical foundations of the internal structure of the criminal law norm, methods of criminal law regulation, peculiarities of the construction of criminal law norms, the structure and classification of elements of the criminal law norm, their influence on the formation of the composition of the crime and the mechanism of legal qualification, as well as criminal-jurisdictional activity in conditions of digitalization of public practice [5].

CONCLUSION

Thus, during the century-long history of the formation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation the following stages in the development of the scientific school of criminal law can be distinguished.

The first - the stage connected with the development of criminological researches and humanistic principles in law enforcement and criminal-executive practice (1923-1933).

The second is the stage connected with in-depth research of theoretical criminal and penitentiary problems (1934-1940).

The third was the stage associated with the development of problems of complicity in crime, as well as crimes against the person, against humanity, against life and health (1940-1955). The fourth is the stage connected with substantiation of the necessity to strengthen legality and with development of theoretical problems of the General part of the criminal law (1955-1995). Fifth - stage connected with the development of the problems of improving the structure of individual criminal law norms and the system of modern criminal legislation (1996 - to the present day).

References:

1. GERNET M. The First Russian Laboratory for the Study of Crime // Law and Life. 1924. Book Two. P. 20-34. 2. GERNET M. State Institute for the Study of Crime in Moscow // Law and Life. 1927. Book Two. P. 42-47. 3. VLASENKO N.A., ZALOILO M.V. M. N. Gernet and the main milestones in the development of the sociological school of law // Journal of Russian Law. № 6. 2015. P.161-170. 4. Сriminalization and decriminalization as a form of transformation of criminal legislation: monograph / Kashepov V.P., Golovanova N.A., Gravina A.A. et al. – M.: The Institute of Legislation and Comparative law under the Government of the Russian Federation. 2018 – 280 p. 5. Jurisdictional lawful activities within the criminal law sphere framework in the context of digitalization: monograph / N.A. Golovanova, A.A. Gravina, O.A. Zaycev et al. – M.: The Institute of Legislation and Comparative law under the Government of the Russian Federation. 2019 – 212 p.