EVOLUTION OF CRITERIA FOR DETERMINING THE SEVERITY OF HARM TO HEALTH IN THE CRIMINAL LAW OF RUSSIA: FROM OLD RUSSIAN LAW TO THE MODERN DAY

The article presents a historical and legal analysis of the development of criteria for determining the severity of harm to health in Russian criminal legislation - from ancient Russian law to modern regulatory legal acts. The evolution of these criteria is studied, their general conceptual focus is revealed throughout all historical periods. The study is based on a wide range of sources, including ancient legal monuments (Russkaya Pravda, Sudebniks of 1497 and 1550, Sobornoye Ulozhenie of 1649), pre-revolutionary and Soviet criminal codes, as well as modern legislative and by-laws. The study applies general scientific methods of analysis and synthesis, a dialectical approach, as well as historical-legal and comparative-legal methods. It was established that the assessment of the severity of harm caused to health was based on a utilitarian-functional approach (taking into account the loss of the anatomical integrity of the body or his ability to work by the victim). It is emphasized that this legal paradigm, focused primarily on the external usefulness of the human body, remained conceptually unified, despite the change of eras and terminology. In conclusion, it is substantiated that today such an approach does not correspond to modern scientific, legal and medical ideas about the value of health and requires revision.