Article information
Article`s title
Enforcement of the Law as a Circumstance Precluding the Criminality
of an Act in Russia: History and Modernity
Authors
P. Skoblikov 1
Volume
2 (
2025)
Keywords
Criminal Code of the Russian Empire of 1903,
Code on Criminal and
Correctional Punishments of the Russian Empire,
Criminal Code of the
Russian Federation,
enforcement of the law,
lawful behavior,
criminology of
the law,
the law that is criminal per se,
malicious law,
elimination of a
particularly dangerous criminal,
suppression of escape,
Spanish Criminal
Code of 1995. Abstract
Modern legal literature in Russia discusses, as a rule, only those circumstances
that exclude the criminality of an act, which are regulated by the current
legislation (necessary defense, extreme necessity, execution of an order,
reasonable risk, physical or mental coercion, infliction of harm during the
apprehension of a criminal). The aim and objectives of this study are to
trace the embodiment in Russian legislation of the idea of noncriminalization
of an act committed in the execution of the law, as well as to
determine the conditions contributing to the spread of this idea, to identify
and evaluate the arguments “for” and “against” depending on the historical
context. The study covers the period of domestic lawmaking, including as a
starting point the time of the Criminal and Correctional Punishment Statute
(in the edition of 1885) and continuing until the present. Through the study,
the author was guided by the principles of dialectical method of cognition
(objectivity and comprehensiveness of consideration of the object of study,
historicism, universal connection of phenomena, systematicity), applied
general scientific (analysis, synthesis, induction, deduction, description,
generalization, analogy) and private-scientific (historical-legal, sociological,
statistical, legal forecasting, mental modeling) methods, used the results of
other studies, etc. Special attention in the article is paid to the Criminal
Code of the Russian Empire of 1903, the draft of which was discussed with
unprecedented involvement of interested parties, was carefully checked as
never before, and in which the considered circumstance of noncriminalization
of an act is formulated as broadly as possible. The results of
the analysis of decisions of the Criminal Cassation Department of the
Governing Senate of the Russian Empire are disclosed, and thus the
practice of application of the new normative prescription is presented.
The legal regulation of the considered institute according to the Criminal
Code 1903 is compared with the previous and modern Russian criminal
legislation. At the same time, some results of selective analysis of modern European legislation are also presented for comparison. In the course of
the research the unresolved problems of the current legislative regulation
of Russia are revealed, new challenges and threats that increase the
relevance of the topic are shown. In particular, the problem of responsibility
for the execution of the law that is criminal per se, which can be both
national and international legal act, is pointed out. The questions
determining the direction of further research of the topic to which the article
is devoted are formulated.
How to Cite this article
Скобликов П.А. Исполнение закона в качестве обстоятельства, исключающего
преступность деяния, в России: история и современность // Право: история
и современность. 2025. Т. 9, № 2. С. 177 – 200. doi: 10.17277/pravo.2025.02.
pp.177-200
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DOI:
https://doi.org/10.17277/pravo.2025.02.pp.177-200
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177-200
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