Kistyakovsky Alexander Fedorovich

(1833 - 1885)
Born in Chernigov province, from the clergy (his grandfather was a peasant), Chernigov studied in a religious school and seminary, he graduated from the course at the Faculty of Kiev University with a degree of actual student. Consisted initially serving in the landmark Department of the Senate, then in the Ministry of Education, put in the time article on the English proceedings, for Mittermaier, in the Journal of the Ministry of Justice, 1860. In 1863, Mr.. He passed an examination on the candidate's rights; in 1864. began to lecture at the University of Kiev, where 1870. a full professor. In 1871 - 73 years, visited the universities of Vienna, Heidelberg, Berlin, Naples and Rome, examining the ways of teaching and practical exercises. Of criminal law and process belongs to the majority of works Kistyakovsky, and, moreover, the most prominent. His direction with the most brilliantly expressed in his master's thesis - "Study on the Death Penalty" (1867). "Asked, . which each criminalist to hear: what is your opinion about the death penalty ", . - He wrote in the preface to this work, . - "I say: do not ask me, . whose opinion, . like every single opinion may not have the strength and value, . and listen to more full-bodied and has more rights to the account the views of people ",
. True to his motto, he outlined the broad strokes, the development of the death penalty, treating him with the scientific point of view of the positive and strongly protest against the direction of the metaphysical. Another major work Kistyakovsky Criminal Law - his doctoral thesis: "On the Suppression of the accused ways to evade the investigation and trial" (1869), . relevance primarily as a development of this institution in the history of the Russian process; dogmatic part of the labor, . also confined to Russian law, . leaves the impression of incompleteness,
. Monograph Kistyakovsky on young offenders and institutions for their correction are composed of his public lectures in favor of rubezhovskoy colonies are collected and highlighted the significant material, . submitted by the practice of Russian institutions of this kind,
. In various periodical publications, . mainly in the Journal of the Ministry of Justice ", . Journal of Civil and Criminal Law, . Journal of the Ministry of National Education "and" Collection of the State of Knowledge ", . Kistyakovsky put a lot of small articles on criminal law and procedure,
. (List of cm. in bibliographical dictionary of professors and teachers of the University of St.. Vladimir ", . published over 50 years of university, . it is reprinted in the Journal of the Civil and Criminal Law, . 1885, . ? 2) The main work Kistyakovsky - "Elementary textbook of general criminal law", . conditioned at the life of the author's two editions (the second - much replenishment),
. It is not finished, referring to the common parts, but for the last author's views completely elucidated. This program dogmatic development of the world (general) criminal law on the basis of historical and comparative, . - Program brilliant, . grand, . only program, . remaining in most of the backlog, . due to lack of necessary material and its scientific treatment,
. Kistyakovsky stands staunch preacher of evolutionism and outlines the era of criminal law, . arguing, . "It's not the law creates criminal law, . and reverse, . that "the establishment of criminal law there is no place arbitrariness of the legislator, . which accounts for only perpetuate the nations or the needs of everyday life caused by the concept of right and wrong, . by prevailing or composing relations ",
. Only a few of the teachings of the general part (such as the doctrine of the death penalty) designed Kistyakovsky more or less drastically, to the other it was possible to show only the critical attitude, . and many scientists prevailing doctrine, he was not even able to touch,
. But as an attempt Kistyakovsky work is of high importance in the history of science of criminal law. Kistyakovsky not one of the minds with ready-made answers for everything, he seems to be preferred not to express their views, their negative attitude to the value of personal opinions in science. "Most, . apparently, . independent philosophical construct, . bearing the stamp of individuality of the writer-criminologist "- he says in his" Textbook ", . - Finally express only one or the other conviction, . living in a whole nation or the so-called "society",
. Hence the high importance he attached to points of historical and comparative; from here and his efforts to promote the development of customary law. He owns one of the first programs for the collection of customs under the criminal law, which, together with the program graph Efimenko, adopted at the base of the geographic society in the formulation of a common program for the collection of legal practices. Value Kistyakovsky not limited to the area of criminal law. He figured prominently in the group in southern Russian leaders that got him into trouble at work. His Ukrainian sympathy he showed, among other things, participation in the "Basis" and the publication of an extensive collection of "rules under which people are judged malorossiysky". By unanimous testimony of his contemporaries, he enjoyed a great social value and respect even by those who did not share his views; intrigues and machinations he was deeply antipathetic. He has contributed to the base of the Kiev and Law Society Rubezhovskoy colony for juvenile delinquents. Staunch supporter of judicial reform in 1864, Kistyakovsky died on his lips with the protection of its most important institution - the jury. According to Professor V.B. Antonovich, a former Kistyakovsky when he died, "an hour before his death, in a conversation with a friend, he asked with great interest the progress of affairs in the current session of the District Court. Hearing some of the characteristics of cases and attitudes of jurors, . the last time he perked up, . rose on the bed and said loudly: I have always maintained, . that the jury is a sacred thing in our country! Then he bowed his head on the pillow, . and his voice began to weaken more and more ",
. Autobiography Kistyakovsky, biographical sketch of him, drawn up by Count Naumenko, and the list of his scientific works cm. in the Kiev Antiquities ", 1895,? 1, this book is dedicated to the memory Kistyakovsky, on the 10 th anniversary of the death. Ibid article I.YA. Foinitsky, "Kistyakovsky as a criminologist, and I.V. Luchitskaya, "Proceedings Kistyakovsky in history and customary law". See. Foinitsky also article in The Northern Messenger "(1895, No. 2). I. Foinitsky.