1906-1917年阿纳托利·费奥多罗维奇·科尼对帝国刑法政策形成的参与

A. Kodintsev, D. Rybin
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引用次数: 0

摘要

然而,作为帝国刑法发展特别委员会的积极参与者,阿纳托利·费多罗维奇·科尼在19世纪最后25年几乎没有触及刑法理论的问题(例外是这位年轻律师在1866年的工作)。这位著名的元老院议员所获得的实践经验使他得以进入理论法学领域。作为国务院委员,孔尼积极参与国家刑事政策的发展,在20世纪初,他不仅撰写了有关刑法理论的著作,而且提出了他对当代刑事政策的目标。A.F. Koni对刑法领域的过时规范进行了严厉的批评,指出它们无效而且往往毫无意义。他对过时的规范的批评影响了20世纪初废除这些规范的程序——当时新的帝国刑法被采纳和颁布。阿纳托利·费多罗维奇·科尼在特定时期的刑事和法律观点并不是科学家们专门研究的对象,因为他关于刑法的著作只有一小部分发表。利用档案材料和鲜为人知的出版物,我们考虑A.F.柯尼在两次革命之间的时期对俄罗斯国家刑法和刑法政策发展的贡献。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PARTICIPATION OF ANATOLY FEDOROVICH KONI IN THE FORMATION OF THE EMPIRE CRIMINAL LAW POLICY IN 1906–1917
As an active participant of special commissions on the development of criminal laws of the Empire, Anatoly Fedorovich Koni, nevertheless, in the last quarter of the XIX century, practically did not touch upon the issues of the criminal law theory (the exception was the work of the young lawyer in 1866). The practical experience gained by the famous senator allowed him to move into the sphere of theoretical jurisprudence. Being a member of the State Council Kony took an active part in the development of the state criminal policy and at the beginning of the 20th century, he did not only write the works on the criminal law theory, but also stated his objectives of the contemporary criminal policy. A.F. Koni subjected outdated norms in the field of criminal law to harsh criticism, noted their ineffectiveness and often – meaninglessness. His criticism of the outdated norms influenced the procedure of their abolition in the early twentieth century – at the time of the adoption and enactment of the new Criminal Code of the Empire. The criminal and legal views of Anatoly Fedorovich Koni during the specified period were not the subject of special study by scientists, since only a small part of his works on criminal law was published. Using archival materials and little-known publications, we consider the contribution of A.F. Koni to the development of criminal law and criminal law policy of the Russian state in the period between the two revolutions.
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