Идеологические основы уголовного законодательства советского периода о преступлении и наказании

Abstract

In article the influence of the Marxist legal doctrine on approach in the criminal legislation of the Soviet period to such key categories in criminal law as crime and punishment is analyzed. The conclusion that such approach synthesized the liberal and conservative views on these categories is drawn. It is noted that originally approach of the Soviet legislation to crime and punishment was mainly liberal since during the formation the Soviet state proceeded from the concept of cardinal withdrawal pains of old law and order. Special attention is paid on regulations on crime and punishment in the draft of the Soviet criminal code of 1918, the most fully reflected Marxist legal ideology. Pronounced class approach to the specified criminal categories at the Leading beginnings on criminal law of RSFSR of December 12, 1919, in Criminal codes of RSFSR 1922 and 1926 is stated. The attention that with acceptance of Principles of the criminal legislation of USSR and federal republics on December 25, 1958 and the Criminal code of RSFSR class and liberal approach to crime and punishment was significantly softened on October 27, 1960 is paid, conservative approach to them on the contrary is significantly strengthened. Mitigation of class approach was that the types of punishment specified in the law had no class character, their appointment as court wasn't put into dependence on class association of the defendant. Strengthening of conservative approach consisted in return of the legislator to the paid concept of criminal penalty, to fixing in the criminal law of material definition of crime through public danger and to establishment in the criminal law of priorities of criminal protection in the form of the interests of the state and society.