Non-criminal acts in accordance with the Code of Criminal and Corrective Punishments of 1845

Traditionally, it is considered that the criminal legislation and the science of criminal law develop around two cornerstones of "crime" and "punishment". The article explores the problems of the nature of the criminal act, its public danger and the corresponding type and size of criminal punishment. Nevertheless, already the first sources of the legislation of Ancient Rus, the subsequent legal acts, in particular the Code of Criminal and Corrective Punishments (1845), in the criminal law norms provided for "non-criminal acts" that also had a certain social significance in criminal law depending on the corresponding historical period. A non-criminal act that inflicts harm can be socially useful, for example, causing death, harm to health while protecting life, property, dwelling in the state of necessary defense, or class-approved, essentially neutral, for example, causing harm in a state of extreme necessity. The main consequence of the committed non-criminal act provided for by the criminal law norm is that it is not punishable, it is the basis for exemption from criminal liability, a circumstance that excludes its criminality, the reason for replacing one punishment with a milder form of punishment. The non-criminal acts envisaged by the Code of Criminal and Corrective Punishments (1845) could be divided into two types: 1) criminal acts that are not recognized as unlawful and punishable because of: a) innocent harm; b) young age; c) lack of the ability of reasonable behavior; d) causing harm in case of accidental error or due to fraud; e) causing harm as a result of coercion from a superior force; e) causing harm in the state of necessary defense; g) refusal of own will from committing a crime; h) "witness immunity"; 2) criminal acts affecting: a) reducing or increasing guilt and punishment; b) replacing one type of punishment with a softer kind; c) exemption from punishment.