Генезис института возмещения вреда, причиненного преступлением: от карательных мер к стимулирующим

Abstract

Objective: a retrospective analysis of the legal nature of public relations in the history of the state and law of Russia related to compensation for damage caused by crimes, with a view of potentially using it in reforming the Russian legislative norms to create conditions for deeper differentiation and individualization of punishments and liability.Methods: the author used general scientific techniques and methods of cognition; collection and processing of empirical materials were carried out by applying the following research methods: comparison, modeling, analysis, synthesis, formal- logical approach, specific scientific methods, including the historical one.Results: the study resulted in the conclusion that the problem of liability for damage caused by committing criminal encroachments has passed a long historical path and is one of the oldest among those recorded in various legal institutions. The author highlights the historical periods in the development of the institution under consideration, within which public and private interests were protected: a) the period of the 9th - 14th centuries (priority was given to the protection of private interests); b) the period of the 15th - 18th centuries (to a greater extent, private interests were protected); c) the period of the 19th - 21st centuries (characterized by a balance of public and private interests). In the course of the research, the author conducted a historical and legal analysis of the institute of compensation for criminal damage, which allows noting progressive changes in this legal institution, from repressive to stimulating norms. This, in turn, makes it possible to strive to ensure the full restoration of rights and freedoms violated in the course of committing offenses, including creating all necessary conditions for further individual approach to the problem of criminal liability and penalties.Scientific novelty: is expressed in a comprehensive analysis of the legal nature of social relations in the history of the state and law of Russia, related to compensation for damage caused by crimes. Practical significance: allows using its main results and conclusions in standard-setting activities to improve the legal framework related to the differentiation and individualization of punishments and liability related to compensation for damage caused by a crime.