ANALOGY IN CRIMINAL LAW OF THE RUSSIAN EMPIRE AND THE SOVIET STATE: INTERPRETATION AND REGULATION

Uporov I. V.

Russian criminal law thought began to develop at the systemic level in the late 18th century, when Empress Catherine II herself wrote the famous work "The Order of the Legislative Commission", which, although it was not a scientific work, nevertheless gave impetus in this direction. Later, such domestic criminologists as O.G. Goreglyad, L.A. Tsvetaev, A.P. Kunitsyn, S.I. Barshev, K.A. Nevolin, M.F. Vladimirsky-Budanov and others created famous works in this area. However, not all institutions of criminal law were the subject of criminal law studies at the initial stage of development of criminal law as an independent branch of legal sciences. This also applies to the analogy of law. This issue was identified, began to be discussed and certain conclusions were made only by the turn of the 19th-20th centuries, which became possible when the Russian legislator specifically outlined the need for more detailed regulation of this institution. Later in the Soviet state, the analogy of law in criminal legislation was actively used by the Soviet authorities to achieve political goals of a class nature by criminal law means; however, later the position of Soviet scientists and legislators was changed, and a ban on the use of analogy in criminal law was established, that is, a vector was taken to strengthen the guarantees of persons brought to criminal responsibility. The article reveals the main trends of these processes in the Russian Empire and in the Soviet state, accordingly analyzes the norms of criminal legislation of these historical periods, scientific works that touch on this topic, comparisons are made, and the author's conclusions are formulated.

Keywords:Russian Empire, Soviet state, criminal law, analogy, code, code, state.