История уголовной политики Российского государства (конец 1917 — середина 1918 гг.)

Abstract

The study is devoted to the problem of the formation of criminal policy in the first months of the existence of Soviet statehood. The author shows the specifics of the formation of views on the understanding of law after the revolutionary events of 1917. The influence of the personalities of V.I.Lenin, D.I.Kursky and P.A.Stuchka is shown both on the issues of understanding criminal law and on the principles of the relationship between law and the law as a whole. A distinctive feature of this historical period should be considered a significant gap between the law as the main legal source and the law itself. Attention is paid to the new system of public administration from the point of view of building criminal policy, the main sources of criminal law are shown. The analysis of these plots suggests that the class approach in the sphere of Bolshevik policy, enshrined in Soviet decrees, had a strong influence on the development of criminal law theory, which was often called the theory of revolutionary legal consciousness.