Suchergebnisse

The paper is devoted to a historical problem of legal sources and codification of medieval laws in Moldova. The author investigates the historical and cultural situation in the Principality in the 16th-17th centuries, when the main geopolitical feature consisted in convergence of three great cultures-Slavic, Latin and East - in the context of the break of world religions (Orthodox, Catholic and Muslim). The Slavic language was a priority in the government, office-work, church service and legal literature in the Principality. The author pays special attention to the reign of Hospodar Vasile Lupu (1634-1653), who was an ardent patron of the orthodox world and supported the construction of churches. The church constructed on his means in the capital of the Principality housed a printing house that in 1646 issued Pravila lui Vasile Lupu, the first secular collection of laws initiated by the Hospodar. It became the all-Moldavian codex based on the Roman-Byzantine legal rules and was applied for about two hundred years. Particular attention is paid to the objectives of legal reform and the reasons for codification in Moldova at that time. Pravila of 1646 legalised serfdom and peasantry enslavement and plunder of communal lands. It promoted the consistency and certainty of the medieval Moldovan law. The main sources of the Code were Byzantine (Greco-Roman) laws and the legal doctrine of Moldovan and Italian lawyers. They predetermined the secular orientation of Vasile Lupu's Code, with the prevalence of the criminal law. © 2018 Association 'Rus'. All rights reserved.

The historical experience of India in search of its own concept of punishment is unique. It was greatly influenced by the country's colonial past and the Anglo-Saxon legal culture as well as the philosophical, religious, ethno-linguistic, caste, tribal and other factors. The Indian Penal Code of 1860 uses an original penological construct and a system of punishments. It was influenced by the historical and theoretical factors described in this article, by criminal policy in British India and by its post-colonial development. The country's penological discourse, influenced by the criminal law doctrine of the metropolitan state, has two distinct features. Firstly, it is the diversity of types of punishment and judge's discretion in choosing them to individualize liability. Secondly, the humanitarian orientation of the institute of punishment and the reduction in the number of crimes punishable by death penalty. English lawyer Th.B. Macaulay, the creator of the Indian Penal Code of 1860, considered general prevention, or deterrence, to be the main goal of punishment, while specific prevention through the physical isolation of the criminal and his correction was viewed as a complimentary goal. It was important for the colonial criminal policy to obtain tangible results from the penological theory and the practices of punishment in order to suppress the local ritual crimes (cult «thuggism») and traditional ritual sacrifices (sati ritual). After a large-scale sepoy rebellion and the spread of dacoity crimes, the repressive functions of punishment began to prevail over other penological theories. The so-called «white terror» was commonly used against political opponents fighting for religious freedoms and independence of colonial India. Modern India is a good example of the controversial experience of the search for the effective criminalpenological theories that is a considerable addition to the classic (westernized) criminology. The special historical concepts and practices of punishment in the countries of the «global south», including India, are now studied by the new field of «Southern Criminology ». The Indian government is promoting a complex criminal-penological approach to counteracting domestic crimes and transnational threats. © 2018, Baikal National University of Economics and Law. All rights reserved.

The article deals with the historical and legal analysis of the punishment (its essence, purposes and principles of appointment) in colonial and post-colonial India, the main criminal-penological models, and the development of certain types of punishments and their legislative regulation in the Indian Penal Code of 1860. ; В статье проводится историко-правовой анализ института наказания (его сущности, целей и принципов назначения) в колониальной и постколониальной Индии, исследуются основные уголовно-пенологические модели, развитие отдельных видов наказаний и их законодательная регламентация в Уголовном кодексе Индии 1860 г.