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§ 1. The retrospective analysis of the domestic criminal legislation providing responsibility for deliberate destruction or damage of another's property

The first mentions of encroachments on the property, including about destruction or property damage, meet in one of the most most ancient monuments of the right - the Russian Truth. Up to now the Russian Truth has reached in three basic editions - Short, appeared not later than 1054, Vast, prepared till 1113, and Reduced which has appeared in the middle of XV century [1].

For example, in article 18 of Short edition of the Russian Truth responsibility for destruction or damage of the weapon, clothes, pets was provided and it was specified: «And and to break a spear, either a board, or port...... As the independent the norm about responsibility was allocated

For damage of the apiary (apiary), belonging to the prince: «And in knjazhe borti to 3 grivna, ljubo pozhgut or izudrut» (article 32 [2]). Presence of the specified norms allows to draw a conclusion that as a destruction or damage subject another's property acted, thus the special attention was given to the property belonging to the prince, destruction or which damage involved payment at a rate of three griven. Proceeding from it, we consider, that it is impossible to disagree with the opinion stated in the literature that destruction and damage of another's property are considered in quality grazhdanskopravovyh torts as questions of compensation to the proprietor [3] are regulated.

Vast edition of the Russian Truth as well as its Short edition, contained similar norms about responsibility for the specified acts. The weapon, port, an apiary, a network concerned an encroachment subject for catching of birds and animals, and also "cattle" or "horse". So, in article 34 responsibility for destruction or damage of a horse, the weapon, clothes was provided: « And che the horse will ruin, or oruzhe, or port, and zapovest at the auction, and after poznaet in the city, the to it lycée a capture, and for insult platiti to it 3 grivni ». For such actions payment at a rate of three griven relied. The Same payment relied according to article 75« And se about borti »for apiary damage (« And bort podtnet, 3 grivnas to sale, and for a half-grivna tree »), and also articles 80« About pereveseh »for damage of the big network for catching of birds and animals, which was hung up on poles or from a tree on a tree in wood, and as places, where such network (« And who podotnet verv is arranged (i.e. to chop a cord) in overweight 3 grivni sales, and to the mister for verv grivna kun »). More more religiously - payments at a rate of 12 griven to the prince (mister) and sustained (lesson) - punished injury to a horse or cattle.

It is necessary to notice, that on degree of the social danger the arson in Vast edition of the Russian Truth was equated to such crime, as murder at robbery (article 7). So, article 83 «About a barn» provided responsibility for an arson of a court yard, a barn: «And zazhgut a barn... A court yard zazhzhet» [4]. For such act the person was punished by a stream, that is deprivation of individual rights.

Following source of the Old Russian right is the Pskov Judgement reading and writing of 1467 according to which article 7 the death penalty for an arson was provided. Zazhigalnikom the instigator of strengthening of a city [5] in this case admitted.

Thus, Old Russian sources of law contained norms about responsibility for destruction and damage of another's property.

Act was expressed in the form of the active actions attracting causing of a material damage. The encroachment subject has been concretised. We will notice, that till the end of HU centuries damage and destruction of another's property were punished depending on a way of fulfilment of act and the importance of a subject of an encroachment by punishments from the penalty (payments in favour of the prince or the victim) up to the most strict measure - a death penalty. For example, in article 9 of the Code of laws of 1497 responsibility (death penalty) for destruction or damage of property by an arson zazhigalnikom which was understood as the instigator of a city for the purpose of delivery to its enemy [6] was provided.

In Ivan's Code of laws IV 1550, in comparison with the Code of laws of 1497, the total of articles has increased almost twice. There were the new norms connected with strengthening and centralisation of the autocratic power and streamlining of local authorities. The property arson was punished, as before, by punishment in the form of a death penalty. This position was fixed in article 61 [7].

Cathedral Ulozhenie has replaced the Code of laws of 1550 1649 and has summed up to development of the legislation of Russia in the middle of 17 centuries. 967 articles have been included in it, sgruppirovanyh in 25 heads containing norms not only criminal, but also the law of procedure. Unlike similar documents of the previous period the list of the acts expressed in deliberate destruction or damage of another's property, has been expanded. So, in the chapter II «About gosudarskoj honour and as it gosudarskoe health beregat» in article 4 responsibility for a deliberate arson of property was provided. In given article as M.A.Dzhangurazov fairly marks, it is a question not only of an arson as a way of destruction or damage of another's property, but also about the change made in such a way to the state [8].

Article 202 of the chapter X «About court» Cathedral Ulozhenija contained not only norm about responsibility for deliberate destruction or damage of another's property 1649, but also defined a remedial order of proving of fault of the person for fulfilment of the specified acts. All aforesaid confirms, that the deliberate arson of the house, domestic constructions etc. was the extremely dangerous act

Besides, in same chapter H «About court» Cathedral Ulozhenija damage compensation for destruction and damage of crops (item 208), cattle (item 209 item, 210), bobrovyh gonov (item 214), the bird's nests (item 216-217 item), bortnyh trees (item 218), woods (item 220) 1649 was provided. Punishment in the form of a death penalty for a deliberate arson of another's court yard because of enmity or plunder remains. Here the legislator pays for the first time attention to proving of fault (intention) of the person who have committed crimes.

Let's notice, that in Cathedral Ulozhenii there are the norms differentiating responsibility for destruction and damage of property, proceeding from object, a subject, the fault form 1649. Besides, the most dangerous kind of a crime is its fulfilment by an arson as change to the state.

The article military Peter I, published on April, 25th, 1715, represents military-criminal code. It consisted of 24 heads in whom have been included 209 articles (articles). Basically, responsibility for destruction and damage of property during performance of duty was provided. So, the chapter VI «About military supplies, a gun, a uniform, about potrate and nebrezhenii onago» contained art. 58 where responsibility of the soldier for autocratic damage or destruction of military equipment in the form of corporal punishment and compensation from the damage salary was provided. Besides, the legislator was the property won during fights in another's territory is taken under protection also. Under the threat of punishment (up to a death penalty) it was forbidden «to plunder, or to assort» another's property in the won city or a fortress (the Chapter XIV «About a capture of cities, fortresses, extraction and captured», art. 104).

The norms providing punishment for an arson in the form of a death penalty (art are allocated in separate 21 G a lava «About ignition, grabitelstve and larceny». 178, art. 181). Moreover, cases «on necessary need are explained will be claimed and on that will be allowed», excluding responsibility for destruction and damage of another's property (art. 180).

Thus, the Article military Peter I contained the norms providing responsibility and punishment for deliberate destruction or damage of property in basic during the execution of military service 1715. Thus the size of the caused material damage was not concretised. Subjects of the given crimes military men or the persons serving army admitted. The age guilty was not specified, though in art. 195 it has been defined, that the responsible person who is not the baby can be the subject at larceny. The special attention was given to protection of the property won during fights in territory of the opponent. The independent articles providing responsibility and punishment for deliberate destruction or damage of property, made by an arson besides, contained.

The code of laws of Russian empire has been published on January, 31st, 1833 and has become effective since January, 01st, 1835. It is the systematised collection of the Russian pre-revolutionary legislation, in volume ХV which the norms providing responsibility for deliberate destruction or damage of another's property have been published. In section H «About punishments for crimes against the rights to property», in chapter 2 «About zazhigatelstve» responsibility «deliberate zazhigatelej» [9], i.e. the persons, made an arson (article 799) was provided.

On May, 1st, 1846 it has been installed Ulozhenie about punishment criminal and corrective from August, 15th, 1845 which contained enough the big list of the crimes expressed in destruction or damage of another's property. So, in chapter 9 «About threats of" section of 10th «About crimes against a life, health, freedom and honour of private persons» articles where punishment for threat by destruction or property damage was provided contained. In article 2035 it has been fixed: «Who budet to someone to threaten lisheniem to its life or chlenov its families, either blizkih rodstvennikov, or podzhogom a residence or of what or its property or chlenov its families, or blizkih it rodstvennikov, tot when net dokazatelstv that on v samom business imel intention to make vsee a crime and sdelal preparation k to this, is punished...», in article 2036 «... For threat to cause any more or less important ushcherb or vred to property».

In the Chapter of the Second «About destruction and damage chuzhago property» Branch the first «About zazhigatelstve» article 2106 provided responsibility «For podzhog s umyslom any obitaemago buildings». In article 2107 the norm about responsibility for a church arson, and also belonging «G osudarju to the Emperor or one iz CHlenov the Imperial Surname» a palace, also in cases when «pozhzhen v raznyh mestah gorod, s namereniem to extend pozhar on all city or at least v bolshej parts onago, either gunpowder storehouse, or hospital was fixed, v patients» were which v that time. More strict punishment was provided for an arson «an office, or in general buildings in which any part of the government or court was located, archives where papers belonging to the government were stored, to institutes, educational, scientific or other public institutions, libraries, kunstkameram, to museums, or prisons». Besides, in article 2107 responsibility for an arson of theatre or other building in which meetings should be held at that time, and also shops «with vital supplies» or military, sea shells was provided. Degree of the social danger of such acts increased in a case of their fulfilment at night. The legislator in details listed property which was exposed to destruction or damage by an arson. So, in articles 2108-2115 it was spoken about a deliberate arson of mines (item 2108), uninhabited structures (item 2109), the property belonging most zazhigatelju insured from fire with intention to receive monetary profit (item 2112), an arson of another's wood (item 2113), destruction by fire of another's bread, orchards, hay, warehouses of fire wood (item 2114), and also any other property (item 2115). In article 2110 responsibility for attempt on zazhigatelstvo was provided, in article 2111 was spoken about responsibility for preparation for arson riot priiskaniem, acquisition, or the adaptation of the materials necessary for this purpose.

In Branch the Second «About destruction and damage of another's property by explosion of gunpowder, gas or other udobovosplamenjajushchegosja substances, or potopleniem or otherwise» it was spoken about destruction or damage of another's property such obshcheopasnymi by ways, as: explosion by gunpowder, gas, or potopleniem. Thus the property was understood as another's meadows, fields, gardens, kitchen gardens, woods, warehouses of bread or other vital supplies, mines, the ships, vessels or manned structures, a personal estate (item 2117-2120 item, 2122, 2123). Besides, article 2124 provided punishment for destruction or damage of another's written certificates and documents depending on the importance of the last. In articles 2125, 2126 norms contained about

Responsibility for infection of another's cattle with illness or poisoning of a forage for cattle or a poisoning of fish in ponds or the rivers. It is necessary to notice, that affairs of the given category of crimes concerned affairs of private-public charge. So, in the note to article 2127 it was specified, that «affairs about destruction and damage of another's personal estate or wood, gardens, kitchen gardens etc. when from that was endangered, begin nobody not differently as under the complaint incurred harm or the loss of persons».

The penal code of criminal and corrective 1866 (with additions on January, 1st, 1876) [10] included in editions in section 12 chapter 2 which contained two branches. The branch the first «About zazhigatelstve» was provided by responsibility in article 1606 for an arson intentionally any manned building. Thus the word "arson" always was understood as a fire made with criminal intention. Articles 1607-1615, 1623, 1624 duplicated positions of articles 2107-2115, 2125, 2126 Ulozhenija in edition of 1845. Unlike article 2114 Ulozhenija of 1845 in Ulozhenii 1866 as a crime subject are added «torfovye the earths», and threat by an arson was considered as one of ways of extortion of another's property.

The branch the second «About destruction and damage of another's property by explosion of gunpowder, gas or other udobovosplamenjajushchagosja substances, or potopleniem or otherwise» contained articles providing responsibility and punishment for destruction or damage of another's property obshcheopasnymi in the ways. For example, article 1616 contained punishment for destruction or damage of any another's property by explosion of gunpowder, gas or other udobovosplamenjajushchagosja substances; article 1617 - «for

Made somehow, but purposely and intentionally, potoplenie when this crime is made for destruction, destructions or damages of another's property, if guilty another's meadows are sunk, fields, gardens, kitchen gardens, woods or warehouses of bread or other vital supplies, or the goods ». More severe punishment under given article it was provided for fulfilment of the specified actions if« guilty meant to steal another's property ». In article 1618 responsibility for deliberate potoplenie mines or made under zemleju hydrochloric or stone lomok was provided. In article 1619 the legislator provided responsibility for deliberate potoplenie the ship, a vessel, a manned structure or in general such place in which at that time there were people. In article 1621 responsibility for destruction or damage of another's structures, the ships or vessels, or woods, gardens, kitchen gardens, etc. was reserved Any that was means, except those, «which are meant in articles pregoing to these head» (chapter 2). We will notice, that article 1612 provided punishment for an arson of the property to receive for it insurance payment. Thus it was a question not of responsibility for damage of the property, and about infringement of the public safety or about swindle fulfilment.

The penal code of criminal and corrective 1885 in edition has not undergone any changes in a part, concerning the crimes connected with destruction or damage of property.

On March, 22nd, 1903 the New Criminal code [11] in which chapter 30 24 articles contained has been approved, 18 from which provided punishment for destruction or the damage of another's property made intentionally, and the others 6 - for fulfilment of similar acts on imprudence. For example, in article 547 for deliberate damage of another's property punishment in the form of arrest for the term up to one month or in the form of monetary singing to 10 roubles followed.

The same as and in earlier operating criminal legislation, the crime subject has been unduly concretised. For example, in articles 548-559 the criminal liability for a reservoir contamination (the rivers, a source, a well etc.) was provided; damage overland or a message waterway; damage of the monument put with the permission of the government, an object of science or art, a construction serving or adapted for defence of the country, the hydraulic engineering construction of considerable value serving by an intermedium, an irrigation, or the prevention from flooding;

Damage of a water, pipeline, petrowire or electrowire shell; damage of another's document, the post or cable correspondence; damage without the purpose of the insult of a relic; damage of a tomb or a gravestone monument; another's manned building or a vessel, and as uninhabited building, a vessel or other premise in which obviously there was a person which life from it was endangered; damage of the governmental telegraph or phone; an introduction way, a sluice, a floodgate, a dam, the bridge or other construction for a crossing; the damage which has broken safety of a railway traffic or swimming. For the given kinds of crimes punishment in the form of the conclusion in a reformatory or the prison which term did not exceed 3th years followed. The analysis of specified articles has shown, that responsibility came for destruction or damage not only another's property, but also valid subjects. Speech in this case goes not only about an encroachment on another's property, but also infringement of the public relations providing public safety, an order, morals. Thus, destruction or damage of the specified subjects was way of an encroachment not only on property relations. For example, in article 562 responsibility for damage of another's property by such ways, as an arson, explosion or potoplenie was provided. Thus another's woods, gardens, agricultural crops, peatbogs, oil sources, warehouses concerned another's property (woods, fire wood, the agricultural goods, food supplies, easily flammable substances or explosive shells, and as uninhabited buildings or a vessel). In article 563 more severe punishment for damage by the ways of church specified above or the prayful house, a premise governmental or public was provided, public libraries or museums, other state or public storehouse of objects of science, art, and also buildings, a vessel, mine, save or other place where obviously there was a person, whose life could be endangered. It is necessary to notice, that in item 564 Ulozhenija responsibility for preparation or participation in damage of the railway, a steamship or a sea vessel was provided.

The criminally-legal doctrine and practice pravoprimenenija in that the period considered an arson ended during the moment when the crime subject has been so damaged that could not be used without repair according to the destination [12]. The age of the criminal liability was defined from 10 years, however according to item 41 if the minor at the age from 10 till 17 years could not understand properties and value of the act or to supervise over the acts such person did not come under to responsibility.

Thus, in the pre-revolutionary criminal legislation serious value indulged in property right protection, including from deliberate destructions or property damages. The criminal liability was established by the legislator proceeding from degree of the social danger of such acts. More strict punishment was provided for fulfilment of the specified actions by an arson (up to a death penalty), that the developed legislative base testifies to presence enough.

Revolution of 1917 has generated a number of the new normative acts regulating punishment for destruction or damage of another's property. The decree «About the earth» which has been accepted by the second All-Russia Congress of Councils of working and soldier's deputies on October, 26th, 1917, has defined national property all earths with all accessories being on them. Any act on damage of the confiscated property which henceforth belonged to all people has been declared, that, is grave crime and (item 3) will be considered and be punished by revolutionary court.

Decision VTSIK from 01.06.1922 had been installed the first Criminal code of RSFSR which has become effective on June, 1st, 1922 the Chapter VI "Crimes against property" contained article 196 providing punishment in the form of imprisonment for the term up to one year or forced hard labour for the same term, or the penalty to 500 roubles gold for the destruction made deliberately or damage of the property belonging to establishment, the enterprise or the private person. In article 197 punishment (imprisonment for the term up to five years with strict isolation) for similar acts, but already made by an arson, potoplenija or any another obshcheopasnym in the way was provided. We will notice, that punishment for the specified acts has been established equally without dependence from what this property was (state, public or the personal property of separate citizens). Besides, according to article 18 UK RSFSR 1922 Punishment was not applied to minors from 14 till 16 years if their relation admitted possible to apply measures of mediko-pedagogical influence. Thus, the subject of the given crime the made physical person who has reached of age of 16 years [13] admitted.

Decree VTSIK and SNK from August, 26th, 1925 has allocated in the independent corpus delicti (item 92 UK RSFSR) destruction and damage of the state and public property. The actions which made repeatedly either have entailed a suspension or a break of manufacture admitted given article the qualified kinds of destruction and damage of the state and public property, or caused other heavy damage to the state.

UK RSFSR 1926 in the Chapter VII "Crimes against property" provided punishment deliberate destruction or damage of the property belonging to private persons. As the qualified kind of the given structure the same actions made by an arson, flooding or what or other obshcheopasnym were provided by way. Especially qualified structure of this crime included consequences in the form of human victims or public disaster (item 175). We will notice, that unlike UK RSFSR 1922, in UK RSFSR it has not been allocated as the independent norm providing punishment for destruction and damage of the state and public property obshcheopasnym in the way [14] 1926.

In action UK RSFSR have been accepted the separate acts providing responsibility, including criminal, for destruction or damage of the property which is coming under to "collectivisation" 1926. So, UK RSFSR have been added by article 791 punishing not only fulfilment for the purpose of blasting of collectivisation of agriculture and hindrance to its lifting destruction (slaughter) and deliberate "izuvechenie" of cattle, but also instigation to such actions of other persons [15] 1926.

By the third session of the Supreme body of RSFSR of V convocation on October, 27th, 1960 has been accepted UK RSFSR and has become effective on January, 1st, 1961. UK RSFSR carried deliberate destruction or damage of another's property in group of crimes against the socialist property 1960. Regarding 1 article 98 UK RSFSR punishment for deliberate destruction or damage of the state or public property was provided. The qualified kind of the given corpus delicti according to a part of 2 articles 98 deliberate destruction or the damage of the state or public property made by an arson or other obshcheopasnym in the way, or entailed human a victim, caused a large damage or other heavy consequences, and also deliberate constituted destruction or essential damage of large forests by an arson [16]. As we see, any state or public property, and also large forests could be a crime subject. Let's notice, that as a result of a number of historical events of 1991 the given chapter has been excluded from the Criminal code of RSFSR by the Federal act from

On July, 1st, 1994 № 10 FZ «About modification and additions in the Criminal code of RSFSR and the Code of Criminal Procedure of RSFSR» [17].

Chapter 5 UK RSFSR 1960 «Crimes against a personal property of citizens» contained norm about responsibility for «deliberate destruction or damage of the personal property of the citizens, caused a considerable damage to the victim» (item 149), the qualified kind of the given corpus delicti deliberate destruction or damage of the personal property of the citizens, made by an arson or other obshcheopasnym as way, either entailed human a victim or other heavy consequences acted. Feature of the given norm was that acted as a crime subject not only another's property, but also the property of the guilty. Destruction or damage of own property could be punishable, when it owing to specificity of the socioeconomic appointment admitted especially valuable to all society (for example, valuable library, a unique collection etc.) [18]. The subject of the given crime, the private person who has reached of 16 years admitted cases provided by a part

2 items 149 UK RSFSR - since 14 years.

Feature UK RSFSR is presence of article 207 providing responsibility for threat by murder, drawing of heavy physical injuries or property destruction 1960. This crime concerned crimes against the public safety, a public order and health of the population, provided in chapter 10 UK RSFSR. The objective party of the given corpus delicti was formed by mental violence (threat) which could be carried out in any ways (verbally, in writing, actions transferring the threat maintenance etc.). Thus the guilty should express outside intention to kill other person, to cause it a heavy physical injury or to destroy property by an arson. Such threat should be realised victim as real.

Thus, proceeding from stated, follows, that else in Old Russian sources of law the norms providing punishment for destruction and damage of property which were considered more likely as civil-law torts as in them it was a question of compensation of a damage to the proprietor contained. The encroachment subject has been concretised. Act was expressed in the form of the active actions attracting causing of a material damage. We will notice, that till the end of HU centuries for damage and destruction of another's property were provided punishments from payments in favour of the prince or the victim up to the most strict measure - a death penalty depending on a way of fulfilment of act and the importance of a subject of an encroachment.

As to a pre-revolutionary stage (before October revolution of 1917) developments of the criminal legislation for it presence enough the big list of the crimes connected with destruction or damage of another's property was characteristic. In it there are the norms differentiating responsibility for destruction and damage of property, proceeding from object, a subject, the fault form. As a crime subject own property which has been unduly detailed that generated a considerable quantity of articles and repetitions could act both another's, and. The legislator of that time paid attention obshcheopasnym to ways of destruction or property damage, such as an arson, potoplenie, explosion etc. which were considered as the extremely dangerous and were punished severely up to a death penalty.

The Soviet period of development of the domestic criminal legislation is characterised basically by that the destruction or damage subject in details is not concretised. The legislator used terms the "state", "public" or "personal" property. So, according to article 149 UK RSFSR 1960 the crime took place when deliberate destruction or damage has caused a considerable damage to the victim.

In the Criminal code of the Russian Federation 1996 responsibility for deliberate destruction or damage of another's property is provided in article 167. The given act is carried to crimes against property.

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A source: Nabiev Fanil Fanusovich. CRIMINALLY-LEGAL And KRIMINOLOGICHESKY ASPECTS DELIBERATE DESTRUCTIONS OR DAMAGES of ANOTHER'S PROPERTY (ON the REPUBLIC Bashkortostan EXAMPLE). The dissertation on competition of a scientific degree of the master of laws. Ufa - 2017. 2017

More on topic § 1. The retrospective analysis of the domestic criminal legislation providing responsibility for deliberate destruction or damage of another's property:

  1. CHAPTER 1. HISTORY of DEVELOPMENT of the CRIMINAL LEGISLATION of Russia And the MODERN FOREIGN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR DELIBERATE DESTRUCTION OR DAMAGE of ANOTHER'S PROPERTY
  2. § 2. Responsibility for deliberate destruction or damage of the stranger imushchestvapo to the criminal legislation of foreign countries
  3. § 3. Features of the person of the criminal making deliberate destruction or damage of another's property
  4. § 2. The analysis of the reasons and the conditions promoting fulfilment deliberate destruction or damage of another's property (on the Republic Bashkortostan example)
  5. § 1. Quantitative and quality indicators of the crimes connected with deliberate destruction or damage of another's property
  6. § 4. Perfection of measures on counteraction to deliberate destruction or damage of another's property at regional level
  7. § 1. Objective signs of structures of the crimes providing responsibility for creation of the criminal society (the criminal organisation) under the criminal legislation of Russia, Belarus and Ukraine
  8. § 2. Subjective signs of structures of the crimes providing responsibility for creation of the criminal society (the criminal organisation) under the criminal legislation of Russia, Belarus and Ukraine
  9. §2. Perfection of the criminal legislation on responsibility for deliberate causing of heavy harm to health
  10. §1.1. Development of the domestic criminal legislation on responsibility for granting of the false data dangerous to the criminal trial
  11. Chapter 1. History of formation and development of the domestic sensibly - guarding and criminal legislation providing the rights and freedom of the patient