Crimes against military service in the pre-revolutionary Russian legislation: historical-legal analysis
Преступления против военной службы в дореволюционном российском законодательстве: историко-правовой анализ
2016-03-01
SCID: 54.1/y5aa7828
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army and Navy offensescriminal law systematizationhistorical-legal analysismilitary service crimespre-revolutionary Russian legislation
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Abstract (AI)
Objective: to analyze the changes in system of crimes against military service in pre-revolutionary criminal legislation and to define the potential to reform the modern system of these crimes.Methods: dialectical, systemic, historical-legal, formal-juridical.Results: the analysis of pre-revolutionary criminal legislation is made, the stages of development of the system of crimes against military service are defined, which reflect changes in the system. The crimes in the system at each stage are identified, as well as those, which reflected the essence of the system and, therefore, can potentially be included in the modern system of crimes against military service. The evolution of the system is shown: the development of its existing elements; the introduction of new offences; the extension of the system due to this reason; the appearance of two systems of crimes: for the army and the Navy. The features of the object and subject of crime and their synthesis are considered. Scientific novelty: the article suggests the criteria for systematization of crimes against military service, and, basing on them, identifies the stages in the development of this system.Practical significance: the main provisions and conclusions of the article can be used in research and teaching when considering the issues of the system of crimes against military service and the stages of its development.
Key Findings
1
Pre-revolutionary legislation eventually established distinct systems of military-service crimes for the army and the Navy.
2
The analysis examines the objects and subjects of military-service crimes and their synthesis as elements of legal systematization.
3
The article proposes criteria for systematizing military-service crimes and identifies historically grounded offences potentially relevant to the modern system.
4
The study identifies historical stages in the development of crimes against military service within pre-revolutionary Russian criminal legislation.
5
The system evolved through development of existing offences, introduction of new offences, and consequent expansion of its scope.
Research Object
The system of crimes against military service in pre-revolutionary Russian criminal legislation
Research Subject
The historical development, structural changes, stages, and systematization criteria of crimes against military service, including the evolution of their legal object and subject
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2016-03-01
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