Reference:
Kadnikov N.G..
The category of grave crimes in the Soviet criminal law
// The union of criminalists and criminologists.
2014. № 3.
P. 368-375.
DOI: 10.7256/2310-8681.2014.3.67312 URL: https://en.nbpublish.com/library_read_article.php?id=67312
Abstract:
The analysis of criminal legislation after 1917 shows that, due to certain objective and subjective factors, there’s been no proper continuity in relation to the norms of classification of crimes. The class approach had prevailed in the formation of various groups and types of criminal deeds, and later crimes classification completely lost its practical meaning. The imperfection of crimes classification in the existing legislation was noted by 96% of practitioners and 92% of scientists interviewed during the expert survey of specialists. 91% of the interviewed scientists and 88% of practitioners voted in favor of amending of the General part of the criminal code with a special norm of crimes classification with the consideration of their social danger. The methodology of the research is based on the theoretical provisions of materialistic dialectics, philosophical literature and logic. As the legal base the author applies the provisions of the current criminal, procedural, correctional and other branches of law. The author pays attention to the analysis of criminal legislation of pre-revolutionary Russia and other states. Many aspects of the work are considered in their relation to the development of the fundamentals of criminal legislation of the USSR and the republics which had been adopted on July 2, 1991. The candidate offers the version of the article about the grave crimes category:
1. Grave crimes are intentional deeds infringing on life and health of a person, property, management, activity of public authorities and tribunals, committed in dangerous ways and causing grave consequences, which lead to the deprivation of liberty for the term of 5-10 years.
2. The law defines the following groups of grave crimes:
- grave crimes A which are punished by deprivation of liberty for the term of 8-10 years;
- grave crimes B which are punished by deprivation of liberty for the term of 6-8 years;
- grave crimes C which are punished by deprivation of liberty for the term of 5-6 years.
In the conclusion the author formulates the main finding of the dissertation, the most important of which are listed in this article.
Keywords:
classification, crimes, Signs, criminology, criminal law, branch, role, reform, fight, sanction
Reference:
Kadnikov N.G..
The category of grave crimes in the Soviet criminal law
// The union of criminalists and criminologists.
2014. № 3.
P. 376-382.
DOI: 10.7256/2310-8681.2014.3.67313 URL: https://en.nbpublish.com/library_read_article.php?id=67313
Abstract:
The new reforms in our state and society presuppose the need for cardinal changes in the legislative activity. The important role of the criminal law concerns the future of the society and its members. While reforming criminal legislation, it is necessary to take into account that its standards and principles of humanism and justice should consider the experience of the criminal-legal system and pre-revolutionary Russia. All positive moments of the Soviet criminal law need to be taken into consideration. The methodology of the research includes the theoretical provisions of dialectical materialism, philosophy and logic. As the legal base the author uses the provisions of criminal law, criminal-procedural legislation, correctional legislation and the provisions of other branches of law. The category of grave crimes is a special group of premeditated crimes causing serious consequences. This definition should be included in the Criminal Code. The author offers several amendments to the content concerning grave crimes. The characteristics, determining the definition of grave crimes, should be preserved as a base for the decision about the inclusion of a particular crime in the category of grave crimes.
Keywords:
base, category, serious, crime, Soviet, Criminal law, reforms, system, crime, security