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РАЗДЕЛ 3 МОДЕЛИ, СИСТЕМЫ, СЕТИ В ПРИРОДЕ И ОБЩЕСТВЕ
УДК 343
ИСТОРИЯ РАЗВИТИЯ РОССИЙСКОГО ЗАКОНОДАТЕЛЬСТВА О ПРЕСТУПЛЕНИЯХ ПРОТИВ ЧЕСТИ И ДОСТОИНСТВА ЛИЧНОСТИ
З. А. Дивненко, Н. А. Живодрова
HISTORY OF THE DEVELOPMENT OF RUSSIAN LEGISLATION ON CRIMES AGAINST PERSON'S HONOR AND DIGNITY
Z. A. Divnenko, N. A. Jivodrova
Аннотация. Проанализирован исторический аспект развития российского законодательства о преступлениях против чести и достоинства личности, а также рассмотрена нормативная база об уголовной ответственности за данный вид преступлений.
Ключевые слова: история развития, законодательство, защита чести и достоинства, личность.
Abstract. In this paper was analyzed the historical aspect of the development of Russian legislation on crimes against a person's honor and dignity, as well as was reviewed the regulatory framework of criminal liability for this type of crime.
Key words: history of development, legislation, protection of honor and dignity of personality.
Respect for human dignity is an important and essential feature of any civilized society. The problems of protecting freedom, honor and dignity of the individual are particularly relevant today. The importance of democratic principles, in accordance with which human rights and freedoms are the Supreme value, depends entirely on the effectiveness of the mechanisms of their implementation. The honor, dignity and reputation of ethical category, protected by the law in force of its public importance [1]. Features and specificity of the legislation, regulating this sphere of human life, is determined to a large extent and historical aspects of development.
Norms of liability for crimes against the honor and dignity of the person were in legal monuments of the ancient Russian state. For example, in the Russian Truth envisaged responsibility for insult, resulting in damage of a beard and moustaches. In a Lengthy editorial Russian Truth responsibility provided for the blow of the sword (if it doesn't cause bodily injury) as an insult or offense; exposure of the sword without its application (considered not only as a threat, but also as an insult),
blow apprentice object (batoh, the Cup, the horn, the scabbard of the sword), is regarded as an insult [2].
In General this code of 1649 was envisaged responsibility for the provocation of a priest during the divine services, insulting words to the address of a king, «a disgrace» as an insult to the word, including «serving the people», «famous people», judges, women, girls, and some other kinds of insults.
In this code the penalties criminal and correctional 1845 the norms of liability for crimes against the honor and dignity of the person placed mainly in the definition of the third «Of libel and the dissemination of offensive to the honor of works, images or rumors» CH. VI «On protection of honor» section. X «On crimes against life, health, freedom and honor of individuals.» These were the standards embodied in the four articles of the Code of criminal libel and insult. Insult of a priest during the divine service has been provided for in sec. III «About the humiliation of the sanctuary and the violation of Church beauty» section. XI «On crimes against the faith,» insulting the King «Preparation and distribution of written and printed works or images with the purpose to initiate contempt of the Supreme Authority, or to the personal qualities of the Emperor or to the management of the state» - CH. I «Of crimes against the Sacred Person of the Sovereign Emperor and Members of the Imperial House»). III «About the crimes of the state», insulting officials «of officials in the administration of positions» in CH. II «insult and the obvious contempt of the business places and officials in the administration of the post» [3].
Crimes against the honor and dignity of the individual receive special development in the legislative monuments of the middle XIX - early XX centuries. Exactly in this period was coherent system of standards on the protection of honor, dignity and reputation of the individual, differentiation of liability depending on the position of the individual in society and the state was removed previously, a considerable number of scientific works, devoted to the analysis of crimes against honour and dignity [4]. So in the Penal this code of 1903. (in CH. 28 «insult») of different compositions insults (deliberate personal offense treatment or recall, embarrassment offended or a member of his family) and discreditation (in the modern sense - defamation), i.e. the disclosure of disgracing the party of the circumstances. The punishment for insult was strengthened, if it was carried out in respect of the mother, the legal father or of a rising relative, priest at the divine services, the official in the performance of his official duties, the military guard of honour or sentry, the captain of a steamer or a sea vessel of their employees or passengers, ranking officers of the corps of prison guards in the exercise or on the occasion of the performance of their official duties, the head of a foreign state, a foreign Ambassador or d'affaires. The punishment was strengthened also, if the insult was made in common and publicly exhibited works of printing letters or images.
Responsibility for insult of a priest during the divine service has been provided for in sec. II «About the violation of protecting the faith of the regulations,» and insult of the reign of the Emperor, the Empress and heir to the throne, in CH. III «About the rebellion against the Authorities, and of the criminal acts against the Sacred Person of the Emperor and Members of the Imperial House» [3].
The October revolution of 1917 destroyed the previous system of standards that ensures the protection of the honor and dignity of the individual. In the first years of Soviet power the concept of «libel» and «insult» were used only for the
characteristics of other crimes. Only with the publication of the criminal code, in 1922, the compositions have received their legal basis. So in the RSFSR criminal code of 1922 and in the RSFSR criminal code of 1926 in CH. 3 «Crimes against life, health, freedom and dignity of the person» was envisaged responsibility for insult anyone action, verbally and in writing.
In the RSFSR criminal code of 1960, the concept of defamation was almost identical with the one which was in the RSFSR criminal code of 1926. The difference was only in the fact that the criminal code of 1960, it was not about the announcement of deliberately false, discrediting another person fabrications, and about the distribution. Criminal code of the RSFSR expanded the list of prerequisites of libel. In it were formulated two norms on the responsibility for the crimes against the honor and dignity of the person: responsibility for libel, i.e. dissemination of knowingly false information insulting to another person of fabrications, and liability for insult, i.e. the deliberate humiliation of honor and dignity of a person, expressed in indecent form [3].
The law of the USSR of November 2, 1989. «The responsibility for disrespect to court» was established responsibility for insult of a judge or a people's assessor (the act refers to crimes against the administration of justice), and the Law of the USSR of may 14, 1990. no 1478-1 «On protection of honor and dignity of the USSR» - for public insult of the President of the USSR or slander in relation to the (penalty was strengthened, if these actions were committed with the use of print or other media).
Further development of the legislation on crimes against liberty, honour and dignity of the person associated with the adoption of the criminal code of the Russian Federation of 1996. Adopted in 1996, the criminal code of the Russian Federation has changed the criminal code of the RSFSR, 1960. Among the most significant changes it can be called a full reflection in it of new economic and political realities of the Russian society, the transition to a priority the protection of the rights and freedoms of man and not the interestsofthe state, strengthening the responsibility for the most serious crimes and reduction of the liability for the crimes of little gravity, committed for the first time, new grounds for exemption from criminal liability and other innovations to strengthen the preventive potential of the criminal law [5].
Special part was significantly changed: introduced about 70 new crimes, decriminalized more than 80 compositions, previously stipulated the criminal code of Russia; in the dispositions and sanctions practically all the articles, which were transferred from the criminal code of the RSFSR in the criminal code of Russia, the changes were made [6].
After analyzing the historical aspect of the development of Russian legislation on crimes against the honor and dignity of the individual, it can be concluded that in Russia there was a significant regulatory framework of criminal liability for this type of crime. It must be saying that the problem of the honor and dignity of the person - is a problem of their real security. Protection of the rights and freedoms of man and citizen is a constitutional and international legal responsibility of the modern state.
In accordance with article 23 of the Constitution of the Russian Federation everyone has a right for protection of his honor and good name [7].
List of reference links
1. Sukhanov, E. Civil-legal protection of personal non-property rights / E. Sukhanov. -URL: http://kruglaw.narod.ru/lit/civil_law/suhanov1/6_27_1.htm
2. Tolmosov, V. I. Offences against the person: a brief course of lectures / V. I. Tolmosov. -Samara. 2009.
3. The history of the development of Russian legislation on crimes against liberty, honour and dignity of the person // Criminal law. - URL: www.evcppk.ru/ugolovnoe-pravo/836-istoriya-razvitiya-rossijskogo-zakonodatelstva
4. Omelchenko, S. S. Libel and insult in the legislative acts of the XIX century / S. S. Omelchenko // Criminal law: strategy of development in the XXI century: materials of the Fourth International scientific-practical conference. - M., 2008.
5. Krylov, N. Е. Kriminal right / N. Е. Krylov // The textbook. - M., 2007.
6. Yakubov, A. E. Retroactivity of the criminal law: some problems of improvement of Criminal code of the Russian Federation / A. E. Yakubov // SPb. - 2005. - With. 31.
7. The Constitution of the Russian Federation (adopted by popular vote on 12 December 1993) // Russian the newspaper dated December 25. - 1993. - № 237.
Дивненко Зоя Александровна
студентка,
Пензенский государственный университет E-mail: [email protected]
Divnenko Zoya Aleksandrovna student,
Penza State University
Живодрова Надежда Анатольевна
кандидат юридических наук, доцент, кафедра уголовного права, Пензенский государственный универс E-mail: [email protected]
Zhivodrova Nadezhda Anatol'evna candidate of juridical sciences, associate professor, department of kriminal right, Penza State University
УДК 343 Дивненко, З. А.
История развития российского законодательства о преступлениях против чести и достоинства личности / З. А. Дивненко, Н. А. Живодрова // Модели, системы, сети в экономике, технике, природе и обществе. - 2013. - № 3 (7). - С. 207-210.
