Differentiation of responsibility for crimes against the person: evolution in Russian criminal legislation

Abstract

The subject of the study is to consider the issues of the evolution of Russian criminal legislation in terms of the differentiation of responsibility for crimes against the person. As the materials of the study, criminal law monuments of national history were selected, in the content of which the differentiation of responsibility for crimes against the person was carried out. The article presents a historical and legal review of the main sources of criminal law of the X-XX centuries in terms of the approach reflected in them to the differentiation of responsibility for crimes against the person and analyzes the formation of an appropriate mechanism of criminal law protection. Using the example of the monuments of Russian criminal law of the X–XX centuries, the features of the construction of qualified and privileged elements of crimes against the person, the ways of their construction and presentation in the text of the criminal law are considered. To conduct an objective and comprehensive review of the chosen topic, the article used such general scientific and private scientific methods as analysis, generalization, historical, formal legal, comparative legal. The novelty of the study lies in the fact that, taking into account the retrospective approach, the historical experience of the formation of the institution of differentiation of criminal liability for attacks on life, health, freedom, honor, dignity and other protected values is traced and the process of consistent regulatory and legal registration of differentiating criminal liability features is reflected. In conclusion, the author concludes that the process of constructing differentiating criminal liability features dates back to the legislation of Ancient Russia, and their subsequent regulation maintained a certain continuity throughout the development of Russian criminal legislation. The differentiation of responsibility, despite its long history, currently remains the main method of criminal law policy, the application of which, including to the crimes under consideration, requires further reflection and improvement.