Denunciation in state criminal and ecclesiastical law in the second half of the 19th to early 20th centuries: a comparative analysis through the prism of theory and practice

The article analyzes such a legal category as denunciation, defines its content and interpretation within the framework of state and church legislation of the second half of the 19th to early 20th centuries in correlation with social and legal experience. It is shown that, despite the close relationship, state and church legislation in the post-reform period developed asynchronously. The reforms of Alexander II in the legal sphere directed state legislation (primarily in its criminal part) along the path of liberalization. Denunciation, with a few exceptions, ceased to be one of the important elements of inquiry, investigation, and legal proceedings. Strict liability was established for false denunciations. At the same time, in church law and, as a result, in practice, denunciations continued to play a key role, which indicates the weak influence of modernization processes and the conservative nature of the cultural attitudes that dominated the Church. Extrapolation of these conclusions to the present allows us to speak about their relevance. The article was written on the basis of a report made by the author at the 5th Barsov Readings at St. Petersburg Theological Academy on December 13, 2021.