Presumption of guilt of the property class and presumption of innocence of the labor class according to the revolutionary legal consciousness in the guidelines of criminal law of the RSFSR of 1919

Автор: Adygezalova Gyulnaz Eldarovna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 3, 2020 года.

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The paper analyzes the approaches to the law of the authors of the Guidelines of the Criminal law of the RSFSR of 1919 as well as its main objectives and tasks. It is noted that the act contains not only criminal law rules, but also constitutional and criminal procedural norms. From the contents of this monument of law, we can conclude that the presumption of innocence of the labor class and the presumption of guilt of the oppressing class (the bourgeoisie and landowners), which were the result of the introduction of the general principle of revolutionary law into the legal system, are indirectly proclaimed. The theoretical basis for the legal principles enshrined in the Guidelines was the sociological approach to law, which allowed to form a new law oriented towards the interests of the revolutionary groups of society in the transition period. There is no doubt that the attitude to law as a product of society in the early stages of the formation of the Soviet state contributed to the improvement of the legal system, its development and transition to a new level.

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Law, presumption of innocence, presumption of guilt, degree of punishment, revolutionary legality, revolutionary legal consciousness, expediency, sociological legal awareness, narrow-regulatory approach, principle of law

Короткий адрес: https://sciup.org/149132945

IDR: 149132945   |   DOI: 10.24158/tipor.2020.3.8

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