The history of Russian criminal proceedings against minors

Abstract

The subject of the study is the peculiarities of the development of the historical path of the procedural status of a minor in the framework of criminal proceedings. The author substantiates the need to study its development in order to prevent mistakes of the past and develop modern legislation taking into account the historical procedural past. The object of the research is the analysis of Russian legislation in the historical context and the influence of the social and political situation on the relations of the legislator and minor participants in the criminal process. When writing the article, the author relied on the use of system-structural and structural-functional methods, which allowed to reveal the features and patterns of evolution of both criminal proceedings and juvenile law. The author proposes to consider the evolution of Russian criminal proceedings against minors through five main periods, starting from the legislation of Ancient Russia to the present day. For each of the selected periods, he identifies characteristic and specific features that in one way or another characterize the procedural features of criminal proceedings in criminal cases against minors. The main conclusions of the research conducted by the author are to identify the features and patterns of the historical period, the social and political levels of development of society and Russian legislation in general and criminal procedure legislation in particular. The author comes to the conclusion that it is impossible to solve modern legislative problems that stand in criminal proceedings against minors without taking into account historical experience. This approach helps to understand not only the historical path of the formation of the Russian criminal process in relation to minors, but also to take into account the peculiarities of mentality when solving existing controversial or problematic issues regarding the procedural status of minors.