Institute of Reconciliation in the History of Russian Criminal Justice (Pre-Revolutionary Period)

Abstract

The emergence, formation and development of the institution of reconciliation of the parties as a means of resolving legal conflicts have a long history. The origins of reconciliation were primarily laid down in rituals, and later were reflected in laws. At the same time, the institution of reconciliation is mentioned in almost all major history law documents - from Russian Truth to the Judicial Statutes of 1864.Thus, the article shows the development of the institution of reconciliation in Russia from ancient times to the end of the 19th century. The traditions of brother-making and refusal of blood feud are replaced by the procedure for apologizing and filing a reconciliation petition. The article shows how the complication of social relations gradually changed the position towards crime – firstly it was perceived as an insult to a person, but with the strengthening of state power it was seen as an unlawful act, violation of the norms established by the state, where the latter is almost always considered the main victim. This, accordingly, affected the change in attitudes towards the institution of reconciliation – from stimulating the rule-maker to the peaceful settlement of criminal-legal conflicts by the parties to the establishment of a ban on reconciliation in most categories of criminal cases.