Поджог как уголовное деяние в первых законодательных актах Древней Руси

Abstract

The analysis of one of the most dangerous crimes of the period of Ancient Russia as a criminal act, which was greatly reflected in the first legislative monuments of this period, is arson. A comparison of the opinions of legal researchers, prominent historiosophists and historiographers of Russia regarding such a phenomenon as arson allowed us to see the formation of a system of punishments for this crime, its transformation during the IX – mid-XIII centuries. Through this phenomenon, the proprietorship principle of ownership is considered, which influenced the severity and complexity of repressive measures against arsonists, which allowed us to see different approaches to the establishment of penalties for arson, depending on the forms of ownership, which allowed us to identify the advanced development of legal principles for cities and their absence for forests and fields. The legal trend of a global nature in relation to this crime and its consequences is traced, and the great influence of the customary law of Russia on the compi-lation of the first written monuments of law is also noted. The persons who carried out the proceedings during this period were identified and the formation of the rudiments of the adversarial nature of the trial was revealed, the proof of which is the presence of a jury system and the functioning of a school in Kiev that trained future managers, tiuns, etc. Thus, the identification of historical legal experience allows you to create a more complete and objective history of formation and development the legislation of Russia, which is relevant, including for such a phenomenon as arson.