Theoretical and methodological foundations of historical and legal analysis system of special part of criminal law

Текст статьи на русском языке

https://doi.org/10.31429/20785836-12-4-30-38

Aslanyan R.G.
Candidate of Law
Associate Professor of the Department of Criminal Law and Criminology
Kuban State University
https://orcid.org/0000-0003-0149-3081

Annotation: The use of the historical method in modern criminal law research requires strict adherence to certain principles and rules designed to ensure the reliability of judgments and conclusions. These requirements relate to both the actual historical and legal tools and the subject of historical analysis of the criminal legal object. The correct definition of the subject, method, direction and tasks make it possible not only to obtain high-quality historical and legal results, but also to use them in the discussion of modern sectoral problems of criminal law. Taking these circumstances into account, the article reveals the basic requirements for the organization and conduct of the historical and legal analysis of a special part of criminal law. The potential and desirability of such a study is determined, the requirements for understanding the special part as a subject of historical and legal research are outlined; the main directions of historical analysis are established, the principles, rules and restrictions on its implementation are stated.

Keywords: historical method in law; history of criminal law; a special part of criminal law; historical sources of criminal law; history of the criminal justice system.