The combination of the principles of objective and subjective inputation in the military-crimanl law of Russia in the XVIII - the beginning of the XIX cc

The article presents the problem of the combination of the principles of objective and subjective imputation in the military-criminal law of Russia in the XVIII - the beginning of the XIX centuries. It contains a comparative analysis of the military-criminal legislation and some points of view of some prerevolutionary authors about the above-mentioned question. Basic methods of research: technical, comparative, historical. After the research the author comes to conclusion that the military-criminal law of Russia of the XVIII - the beginning of the XIX centuries followed the principle of objective imputation. It's antithetic - the principle of subjective imputation was taking into consideration by the legislator according to the leftover rule, sometimes - was not taking into consideration at all. In particular, the author finds that the legislative acts of the beginning of the XVIII century comprised of some subjective elements of the crime which were taking into account in the process of qualification. However they were set in the acts unsystematically, because there were no any theoretical concepts referring to them. That is why the correspondent monuments of law followed the principle of objective imputation. There were a significant number of law mechanisms appealing to the subjective elements of the crime in the Articles of war. Exactly this act had relation to the local legislative consolidation of the principle of subjective imputation whereas the main principle was still of objective imputation. Along with this the legislative acts adopted after the Articles of war were much more primitive, and offered to qualify the crimes by objective consequences without taking into account physiological attitude to the action. The causes of this trend laid in the content of the above-mentioned monuments of law. They only contained articles correspondent to the special components of a crime. Such utilitarian character of the rules did not allow the legislator to elaborate the common articles and ipso facto resolve the problem of imputation and imputability. The author analyses the perspectives of the usage of the of the article's results in the legislative activity over the Common part of the Criminal Code of The Russian Federation. He finds the interconnection between the quality of the rules of law - theirs content and structure - and the principle of subjective imputation.