Some historical and legal aspects of bringing to legal responsibility for issuing and executing criminal orders and orders
DOI:
https://doi.org/10.61345/1339-7915.2024.1.6Keywords:
power, the Bible, rights and freedoms, legal responsibility for issuing and executing criminal orders and orders, the principle of legalityAbstract
From the analysis of historical and legal sources, it can be seen that the legal responsibility for issuing and executing criminal orders and orders went through certain stages of formation, which are directly related to the processes of emergence and development depending on the historical type of the state and its legal instruments.
It is noted that the first states that at the legislative level established legal responsibility, that is, punishment, including for giving and executing criminal orders and orders, were the states of the Ancient East, in particular, Ancient Egypt, Ancient Babylon and Ancient India, where at the legislative level legal responsibility was introduced not only for ordinary people, but also for representatives of the authorities for criminal actions against the state that encroached on the established state order. In most cases, the punishment for such acts was the death penalty.
It is argued that the idea of legal responsibility for issuing and executing criminal orders and orders dates back to biblical times, where it is inextricably linked to the doctrine of the origin and separation of powers. Therefore, in view of the significant influence of Christianity on the formation of the Western legal tradition, in particular the texts of the Bible, which in fact became the civilization foundation on which the legal norms designed to regulate social relations between people and government institutions were based and will continue to be based, including the scope revealed which is assigned to man for his dominion and the limits where such dominion ends. And in the event that not only representatives of the authorities, but also anyone violates the commandments established by the Creator, including not only by issuing, but also by executing orders or orders, then such actions are subject to condemnation, and the person himself is subject to punishment.
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