from 01.01.2023 until now
East Siberian institute of the Ministry of Internal Affairs of the Russian Federation (The Department of Criminal Law and Criminology, Senior Lecturer)
from 01.01.2023 to 01.01.2024
Irkutsk, Irkutsk region, Russian Federation
UDK 343.71 Кража. Ограбление. Присвоение имущества. Пиратство. Вымогательство. Шантаж
GRNTI 10.00 ГОСУДАРСТВО И ПРАВО. ЮРИДИЧЕСКИЕ НАУКИ
GRNTI 10.77 Уголовное право
OKSO 40.00.00 Юриспруденция
BBK 67408 Уголовное право
TBK 7581 Уголовное право
BISAC LAW026020 Criminal Law / Sentencing
Introduction: The article reveals the issues related to the legal regulation of criminal liability for misappropriation of finds in the legislation of Russia from ancient times up to 1917. On the basis of the analysis of published normative-legal documents and literature, the way that the domestic legislator passed when solving the problem of criminality and punishability of the considered tort is demonstrated. It is noted that, despite the centuries-old practice, at the last stage of the period under consideration, the domestic criminal law fundamentally changed the vector of assessment of misappropriation of finds, which was reflected in the legislation of the second half of the XIX - early XX centuries. Materials and Methods: The research materials were scientific articles of scientists, norms of pre-revolutionary legislation. During the research, the dialectical method was applied, an analysis of scientific, historical and normative-legal sources was conducted, methods of generalization and grouping of data were used, as well as a comparative-legal, historical-legal method. The Results of the Study made it possible to reveal the process of transformation of legal regulation of the appropriation of a find, to identify the nuances of the legal technique of criminal law applied in this matter, to highlight individual features of the elements of a crime of the appropriation of a find and the determination of its punish ability at the relevant stages of the period under consideration. Findings and Conclusions: The conducted analysis allowed us to reflect the vectors of legislative work in assessing the appropriation of what was found in Russian criminal law, in particular, the transition of its perception from a type of theft to an independent type of illegal appropriation of someone else's property that does not coincide with it, and also made it possible to assess its systematicity and consistency.
criminal law regulation, crimes against property, finding, theft, appropriation of found property
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