THE REGULATION OF PROPERTY CONFISCATION ON CODE ABOUT PUNISHMENTS OF CRIMINAL AND CORRECTIVE OF 1845 AND CRIMINAL CODE OF 1903

Abstract

The article deals with the regulation of confiscation of property in such important legislation of Russia as the Code about punishments of criminal and corrective of 1845 and the Criminal Code of 1903. It is stated that in the Code about punishments of criminal and corrective of 1845 two types of confiscation have been fixed: general (punishment for a number of crimes against the state) and special (other criminal law measure). In the norms of the Criminal Code of 1903 the status of the confiscation of property has changed significantly: it was fixed only as other criminal law measure. The purpose of this article is to analyze the evolution of the rules of criminal law on the institution of confiscation of property in the XIX - early XX centuries. In the process of writing article, the authors used the following research methods: analysis and synthesis of the material, induction and deduction; comparative legal and historical. These results can be used when writing the dissertation research and study of the history of Russian criminal law. The author of the article came to the next conclusions: using of historical method for the study of norms of legislation allows to educe basic his progress trends by means of analysis of concrete norms of criminal law; such types of confiscation of property were envisaged in the home legislation of the indicated period, as general and special; a thesis is also confirmed, that confiscation of property, as type of criminal punishment, during many centuries was envisaged in home normative legal acts, but at the same time in an examined period application of complete confiscation of property substantially grew short.