ПРОФЕСОР ЛЕОНІД СЕРГІЙОВИЧ БІЛОГРИЦЬ-КОТЛЯРЕВСКИЙ – ВИДАТНА ІСТОРИЧНА ПОСТАТЬ ЮРИДИЧНОЇ НАУКИ ТА ТЕОРІЇ КРИМІНАЛЬНОГО ПРАВА (ДО 165 РІЧНИЦІ З ДНЯ НАРОДЖЕННЯ)
Keywords:
legal science, theory of criminal law, crime, theft, larceny, crimes against religionAbstract
In the article on the basis of the analysis of historical and legal documents, actual aspects of theoretical researches of scientific activity of professor Leonid S. Bilogrits-Kotlyarevsky, as the outstanding historical figure of legal science and the theory of criminal law are considered. The main ideas and provisions of his most significant scientific works are researched and historical parallels with actual criminal law and criminological problems are drawn.
The contribution of Professor Leonid S. Bilohryts-Kotlyarevsky to the development of criminal law cannot be overestimated. Therefore, according to the author, honoring the memory of this outstanding scientist and thinker today, it is necessary to rethink modern issues of criminal law, criminology and justice, referring to the scientific heritage of Professor LS Belogryts-Kotlyarevsky.
In his study «On theft-larceny under Russian law» Leonid Sergeyevich objectively considered the crime, which took almost first place in the number of cases in the annals of criminal statistics, and now occupies a leading position. This work was comprehensive and revealed, in addition to criminal law aspects, important issues of determination and genesis of crime as a social phenomenon, showed its connection with other social processes, the influence of deviant behavior. Professor Belogrits- Kotlyarevsky saw the main reasons in the poor economic condition of the country, the weakening of the moral foundations of the then Russian society and internal religious piety.
Leonid Sergeyevich chose crimes against religion as new topics of his scientific research, and already in 1886 he brilliantly defended his doctoral dissertation on the topic: «Crimes against religion in the most important states of the West. Historical and dogmatic research», and «Creative power of custom in criminal law», which was published in 1890.
According to the author, the systematic return and rethinking of the scientific heritage of predecessors is a necessary condition for scientific progress. Such historical and legal research contributes to a better understanding of social and legal processes of today, because by drawing parallels with the realities of today, we can see the relevance of research, the correct vector of movement and achievement.
This is fully confirmed in the process of studying the scientific heritage of the prominent jurist and theorist of criminal law, Professor Leonid S. Bilohryts- Kotlyarevsky.
According to the author, Professor Leonid Belogrits-Kotlyarevsky - an outstanding historical figure of the national legal science and theory of criminal law, and - the ideas of LS Belogrits-Kotlyarevsky should be used in solving modern criminal law and criminological problems.