An introductory approach to a comparative and theoretical study of some basic legal concepts in Russian (Russian Soviet Federative Socialist Republic) criminal law

Abstract

This comparative essay is also an objective criticism of a Soviet school of law and its western counterpart, both believing that substantially, Soviet law is no law at all: the former manifests this belief through its supposition that Soviet law is radically and principally a new 'substantia', a completely new 'essence'. Thus, this school rejects any possibility of evolution, of transformation, of mutual influence between different cultures. This attitude was greatly enhanced after the 1917 revolution by the dogmatic classist character of this school which in fact successfully changed old terminology to a new one; thus the RSFSR Criminal Code of 1922 excludes the concept of 'mens rea' and the concept of punishment but only by means of new terminology i.e. measures of social protection having a judicial-corrective character took the place of the term 'punishment'. But as correctly asserted by Pashukanis E.B. this did not change the essence of facts.