Early Stage of Criminal Procedure Development in Old Rus’

Ранний этап развития уголовного судопроизводства в Древней Руси
A O.A. Tarnavsky
2020-01-01

Byzantine canon traditionsOld Rus'criminal procedurehistorical and genetic approachstate penal policy
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.
1
A classification of relevant legal phenomena and events is used to systematize the origins of criminal procedure.
2
It identifies the earliest criminal-law relations in Old Rus’ using a historical-genetic approach to date their emergence.
3
The analysis informs possible directions for developing modern Russian criminal procedure within the broader system of state penal policy.
4
The paper analyzes the emergence and development of criminal procedure in Old Rus’ through the interaction of local legal customs and Byzantine canonical traditions.
5
The study periodizes historical and legal processes that shaped the formation and subsequent evolution of criminal procedure.

criminal procedure in Old Rus’

the emergence and early development of criminal procedure under the mutual influence of Old Rus’ legal customs and Byzantine canon traditions

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2020-01-01
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A O.A. Tarnavsky
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