Развитие института отбывания наказания в виде лишения свободы на территории белорусских земель в XVIII веке

Abstract

The article systematically examines the development of the institution of serving a sentence of imprisonment on the territory of the Belarusian lands in the XVIII century. Due to the fact that the Belarusian lands of this period were part of both the Polish-Lithuanian Commonwealth and the Russian Empire, the influence of the two legal systems of these states on the development of this institution is noted. The attention is focused on the fact that the main normative legal acts regulating the development of the institution of serving a sentence of imprisonment on the territory of the Belarusian lands at that time should be recognized as the statute of the Grand Duchy of Lithuania, Russian and Zheimot of 1588, the Cathedral Code of 1649, the Military Article of 1715 and the manifesto "Institutions for the administration of provinces" dated November 7, 1775. Expanding the influence of Russian law, including criminal law (and its constituent penal enforcement rights), on the territory of the Belarusian lands occurred according to the rule of "soft influence", enshrined in various decrees and charters of the Russian rulers. It is concluded that the institution of serving a sentence in the form of imprisonment in the Belarusian territories began to develop actively both legally and organizationally only under the influence of a more systematic Russian criminal law in the last quarter of the XVIII century, in connection with the three sections of the Polish-Lithuanian Commonwealth and the annexation of all Belarusian lands to the Russian Empire since 1795.