The article provides a historical and legal analysis of the provisions of Russian legislation on the loss of public danger by a person or an act committed by him, which formed the phenomenon of Russian criminal law, called a change in the situation. The author comes to the conclusion that the social relations associated with the loss of a person or an act of public danger committed by him are due to historical development. The first provisions are found in such normative legal acts as the Judicial Code of 1497, the Cathedral Code of 1649, the Judicial Code of 1550. The studied legislative experience contributed to the establishment of the legal nature of the change in the situation in the composition of various institutions of criminal law.
criminal law, public danger, loss of public danger, change in the situation
1. The verdict of the Glazovsky District Court of the Udmurt Republic no. 1-235/2019 of July 16, 2019 in relation to L. B. Zolotareva. URL: https://sudact.ru/vsrf/doc/?vsrf-txt=80.1uk rf&vsrf-case_doc=&vsrf-lawchunkinfo=&vsrf-date_from=&vsrf-date_to=&vsrf-judge=#searchResult (accessed 11.05.2022). (In Russ.)
2. The verdict of the Sretensky District Court of the Trans-Baikal Territory no. 1-118/2018 of November 12, 2018 in relation to A. Y. Sysolyatin. URL: https://sudact.ru/vsrf/doc/?vsrf-txt=80.1+uk+rf&vsrf-case_doc=&vsrf-lawchunkinfo=&vsrf-date_from=&vsrf-date_to=&vsrf-judge=#searchResult (accessed 11.05.2022). (In Russ.)
3. The Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996 (as amended from March 25, 2022) (with amendments and additions, intro. effective from March 25, 2022). Collection of legislative acts of the RF, 1996, no. 25, art. 2955; 2022, no. 13, art. 1952. (In Russ.)
4. Efremova I. A. Release from punishment due to a change in the situation under Russian criminal law. Saratov, 2005. (In Russ.)
5. Kuznetsov A. V. Changing the situation as a basis for exemption from criminal liability or punishment. Omsk, 2008. (In Russ.)
6. Kistyakovsky A. F. Elementary textbook of general criminal law. Kiev: Univ. Publ., 1875. Vol. 1. (In Russ.)
7. Russian legislation of the X-XX centuries: in 9 volumes. Legislation of the period of formation and strengthening of the Russian centralized state / ed. by A. D. Gorsky. Moscow: Legal lit. Publ., 1986. Vol. 2. (In Russ.)
8. The Cathedral Code of 1649 / gen. ed. by of M. N. Tikhomirov, P. P. Epifanov. Moscow: Publishing House of Moscow. University, 1961. (In Russ.)
9. Russian legislation of the X-XX centuries: in 9 volumes. Legislation of the period of formation of absolutism / ed. by A. G. Mankov. Moscow: Legal lit. Publ., 1986. Vol. 4. (In Russ.)
10. Anthology on the history of the national state and law of 1917-1991. Moscow: Mirror Publ., 1997. (In Russ.)
11. Collection of legalizations and orders of the Workers’ and Peasants’ Government for 1922. Moscow: Publication of the Affairs Department of the USSR Council of People’s Commissars, 1950. (In Russ.)
12. Herzenzon A. A. On the basics of criminal legislation of the USSR and the Union Republics. Moscow: Gosyurizdat Publ., 1959. (In Russ.)
13. On Amendments and Additions to the Criminal Code of the Russian Federation: federal law no. 162-FZ of December 18, 2003. Collection of legislative acts of the RF, 2003, no. 50, art. 4848. (In Russ.)
14. On Bringing the Criminal Procedure Code of the Russian Federation and Other Legislative Acts into Compliance with the federal law “On Amendments and Additions to the Criminal Code of the Russian Federation”: federal law no. 161-FZ of December 18, 2003. Collection of legislative acts of the RF, 2003, no. 50, art. 4847. (In Russ.)
