Истоки сроков давности в древнерусском уголовном праве

Lex Russica (Русский закон). 2020. № 10. С. 126–136.

Никулина В. А.

The prototype of the modern institution of limitation periods for criminal prosecution appears in old Russian law. The crime under it is of a private legal nature (offense), and the main punishment is revenge on the offender. The nascent state power requires limiting revenge, which is destructive in nature, although it continues to act as a natural reaction to deviant behavior. One of these restrictions is the establishment of a certain period during which it was allowed to take revenge with impunity. In different legal systems, this period is designated differently. In old Russian law, which was influenced by Byzantine legal practice, there was a demand for the legality of revenge only in case of immediate implementation, which brings it closer to the institution of necessary defense. This also shows the beginnings of the modern institution of limitation periods, since revenge at that time satisfied the goals of punishment. The analysis of the norms of Russkaya Pravda [Russian Justice] in comparison with the norms of ancient German law is a confirmation of this. In addition, the establishment of limitation periods in old Russian law in some cases had procedural prerequisites, which are also characteristic of the modern institution of limitation periods. Nevertheless, long-standing oblivion did not receive its further development in old Russian law. The most popular institution was monetary compensation, which not only effectively replaced revenge, but also provided an economic platform for the emerging state apparatus. In such circumstances, it was economically unprofitable to limit the payment of ransom as the main type of punishment for that period of time, and first of all directly to the state in the person of the princely power. Thus, in its historical development, the institution of limitation periods for criminal prosecution at the stage of old Russian law acquires its identity and significance only when comparing and disclosing those tasks that were solved by the state in this particular period of time by applying punishment.

Keywords: наказание, сроки давности, Русская Правда, уголовное преследование, criminal law punishment, limitation period, criminal prosecution, old Russian law, restriction of revenge, goals of punishment, ransom, древнерусское право, цели наказания, ограничение мести, выкуп