"Дабы розыски и пытки могли чинитца порядочно, как указы повелевают": Эволюция теории и практики "розыскного" процесса в России первой половины XVIII в.
Analysis of legislation on criminal procedures and torture, procedural drafts (worked out by the Legislative commissions of 1721-1727 and 1754-1766) and everyday day practice of Moscow investigative institutions in the 1720th – 1750th lets make the following conclusions. In 1710th – 1720th legislator determined corps of crimes, if committed, implied torture during the investigation. Procedural laws strictly insisted on proper legal grounds for torture infliction. Legislation drafts, worked out by the Legislative commissions of the 1720th- 1750th, displayed changing attitude toward torture and its place in the process of investigation. Investigative practice of Sysknoy prikaz, the main investigate institution in 1730th-1750th, was strictly conformed to the existing legislation: every decision on torture infliction was preceded by collective judges’ decision and based on existing legislations. Nevertheless procedural efficiency of the torture was of down level: in the biggest part of the cases its infliction didn’t introduce new pieces of evidences. Procedural draft of the Legislative commissions (especially, of that of 1754-1766) took into consideration law investigative efficiency of the torture and proposed to limit its usage. All this lets insist on interdependence of investigative laws and practice in Russia.