Article page

Article information

Article`s title

Protection of Family Rights in the Criminal Code of the Russian Empire of 1903 and the Code on Criminal and Correctional Punishments: A Comparative Analysis of the Established Prohibitions

Authors

P. Skoblikov 1

Volume

1 (2024)

Keywords

marriage, additional object of criminal encroachment, Criminal Code of the Russian Empire of 1903, Code of Criminal and Correctional Punishments, general object of criminal encroachment, children's rights, parents' rights, spouses' rights, criminal acts against family rights, religious and moral principles, generic object of criminal encroachment, family.

Abstract

The paper presents an overview and features of criminal acts against family rights provided for in the Criminal Code of the Russian Empire of 1903. A classification of these acts is proposed. The conceptual differences between Western European and Russian approaches to the definition of torts in the field of family relations in the 18th and 19th centuries are noted. The conclusion is made about a significant narrowing of the range of criminal acts defined in the Criminal Code of 1903, compared with the Code on Punishments of Criminal and Correctional in the wording that was in force at the time of the adoption of the Criminal Code of 1903. The immediate causes of this narrowing are shown and systematized. The general object of criminal encroachment in the view of the developers of the Criminal Code of 1903 and the generic object in cases of encroachments on family rights are disclosed. The conclusion is substantiated that in the considered encroachments, religious and moral principles in some cases acted as an additional object of protection in the Criminal Code of 1903 and in many cases they were such an object in the previous Code. In addition, it is indicated that the differences in the responsibility of Orthodox and non-Orthodox have been erased in this Criminal Code and the differences in the responsibility of Christians and persons of other faith have been smoothed out.

How to Cite this article

Скобликов П. А. Охрана прав семейственных в Уголовном уложении и Уложении о наказаниях уголовных и исправительных: сравнительный анализ установленных запретов // Право: история и современность. 2023. Т. 8, № 1. С. 19 – 40. doi: 10.17277/pravo.2024.01.pp.019-040

Download

(всего загрузок:96)

DOI:

https://doi.org/10.17277/pravo.2024.01.pp.019-040

🗏

019-040

Views:

94