The influence of the reception of roman law on the evolution of lithuanian-rus’ criminal law in the middle of the XV – at the beginning of the XVI century

Abstract

The article examines the influence of the reception of Roman law on the development of the criminal law of the Grand Duchy of Lithuania in the middle of the XV – at the beginning of the XVI century. For the validity of theoretical propositions and conclusions, the author used a set of philosophical, general scientific and special scientific methods, namely: historical-legal, comparative-legal, historical-functional, formal-legal, hermeneutic- legal, etc. The article emphasizes that in the principality in the XVI century the necessary conditions for the wide reception of Roman law were created: the state authorities saw it as a strong support for centralization, and graduates of medieval universities could ensure its organic integration while preserving their own distinctive national features. It has been established that the reception of Roman law in the Grand Duchy of Lithuania began long before the creation of the Lithuanian Statute in 1529. The beginning of this process can be attributed to the middle of the XVI century. The author of the article claims that the wide reception of Roman law in the Grand Duchy of Lithuania through the mediation of canonical, Magdeburg and Polish law took place not only in private law, but also in public law. Thanks to the analysis of specific examples of the reception of Roman law, it has been proven that the legislator did not borrow specific norms or rules, but mostly the principles formed by Roman lawyers. It was concluded that under the influence of Roman law already in the XVI century in Lithuanian-Rus’ law, the perception of crime and the purpose of punishment are beginning to change It has been established that the crime evolves from a private legal matter (insult or harm to a private person) to a public legal matter (an act that threatens society). It was determined that the system of punishments in the form of fines is changing to harsh sanctions against the criminal, aimed at punishing him. The thesis that Lithuanian-Rus’ law adopts the principle of individual punishment, while collective responsibility is preserved as an exception to the general rule for specific elements of the crime, is substantiated.