The progenitor of the Criminal Code: the anniversary of the famous scientist Anatoly Naumov

Today, a unique legal scholar, chief researcher at the University of the Prosecutor’s Office of the Russian Federation, Doctor of Law, Honored Scientist of the Russian Federation Anatoly Naumov is celebrating his 85th anniversary.

He is one of the authors of the Criminal Code of the Russian Federation. It is also thanks to him that the death penalty was not reinstated and women are not being sentenced to life. It was Naumov who wrote the classic comments to the Criminal Code, which future judges learn from. He also “investigated” the dueling case of the poet Alexander Pushkin and became the author of a unique study on the criminal plot in Russian literature, analyzing famous works (“The Master and Margarita” by Bulgakov, “The Idiot” by Dostoevsky, “Sakhalin Island” by Chekhov, etc.) with legal point of view.

The scientific and practical conference “Modern Problems of Criminal Law” is timed to coincide with Naumov’s anniversary, which will be held on March 18, 2024 and which puts the theme of humanism at the forefront. About the living legend – in the material of the MK columnist, a member of the Human Rights Council.

Anatoly Valentinovich has a special (in the good sense of the word) relationship with MK in general and with the author of these lines in particular. We met him in person at a public discussion on the death penalty and punishment in general. Both spoke out against the possible return of “executions in the name of the state.” It turned out that Professor Naumov is examining criminal cases… according to articles in MK!

Anatoly Valentinovich then noticed that the pages of the newspaper contained invaluable material for scientists to research. “Especially when it comes to the prison system. There is no such thing in any other media.” Since then, we have become close friends with the humanist scientist. And there was never any doubt that he was exactly like that.

Naumov, among others, wrote the same Criminal Code of the Russian Federation, which contains, as someone aptly put it, a “price list of crimes.” However, almost 30 years have passed since then, and during this time the Criminal Code has been subject to changes hundreds of times. Naumov was and remains an opponent of the death penalty (at the same time he relies on purely scientific arguments). He initially opposed women being sentenced to life imprisonment like men. At the same time, he pointed out that women are not so dangerous, they are physiologically more difficult to endure imprisonment and, by their very biological nature, differ from the stronger sex.

“Naumov is one of the pillars of modern criminal law science and doctrine in general,” says the famous criminologist, projector of the V.F. Yakovleva Danil Sergeev. – He belongs to the galaxy of older generation scientists who became famous and famous back in Soviet times. Anatoly Valentinovich dealt with a huge range of scientific problems, but his name will be inscribed in the history of criminal law, at least based on three main works.

The first is his author’s course on criminal law. It began publishing back in the 90s, and the latest edition was published quite recently. The course is a classic of modern criminal legal science, and it has greatly influenced many scholars. Well, it must be said that Naumov revived pre-revolutionary practice. The fact is that in Soviet times, textbooks were written by groups of authors, and not by one person. These were good, solid textbooks, but still, when a team writes, you can always feel it. Naumov’s course contains many very interesting digressions; he cites historical facts and biographies of scientists. This is, of course, what the course is famous for. At the same time, Anatoly Valentinovich himself admitted that this is very hard work.

The second thing that Anatoly Valentinovich will definitely go down in the history of our science is thanks to his comments, especially on the Criminal Code. This is a classic scientific commentary that is useful to both scientists and practitioners. And personally, I can say that if I need to look at something about an article in the Criminal Code, I first look at Naumov’s comments.

The third is his literary creativity. Naumov is one of the few legal scholars who is also a writer. He wrote both stories and essays. His book “Posthumously Defendant” made both a contribution to science and literature. This is an analysis of the criminal dueling case of Alexander Pushkin (according to the legislation of that time, duels were prohibited) and his posthumous trial.

Anatoly Valentinovich, as a writer, could not help but avoid the topic “Criminal Plot in Literature,” about which he wrote a study. It is also a source of information for students, who can draw specific practical cases from there, while relying on well-known literature. He published a two-volume book “Crimes and Punishments in the History of Russia.” This is a very interesting job. It is not so much legal as historical. He directly addressed the texts of documents and practice.

I will add that Naumov analyzed the works of Russian writers who turned to crime plots. Thus, he spoke of Chekhov’s “Sakhalin Island” as an extremely professional work in criminal law, penitentiary and criminological terms. “I don’t know of a single case where modern writers using a criminal plot would turn to doctrinal literature and openly point out this in their works with a criminal plot. Chekhov also studied the official reports of the Main Prison Directorate, criminal law, the history of imprisonment and exile in Russia and Western Europe (in particular, he studied the book of Professor I. Ya. Foinitsky “The Doctrine of Punishment in Connection with Prison Studies”).”

Naumov is a member of the scientific advisory council at the Supreme Court of the Russian Federation, and in general he has many credentials. The name Naumov has been known in the world since Soviet times – many years ago he joined the executive committee of the UN International Scientific Advisory Council on Crime Prevention and Criminal Justice and the International Criminological Society.

“He is a very modest person, despite his unusually stellar status,” says Professor Natalya Lopashenko. “What he did in the field of criminal law and for the state cannot be overestimated. His academic course on criminal law completely repeats and in some ways surpasses the traditions of the Russian classical idea of ​​what Law should be, based on humanism and justice. In all his works, Anatoly Valentinovich constantly emphasizes this.

Not all of Naumov’s ideas have yet been implemented. One of these is about the criminal liability of legal entities in relation to the country. That is, he is sure that in a number of cases (for example, tax crimes) you cannot figure out who exactly is to blame, and it is more correct to punish a legal entity rather than an individual. By the way, this would be very humane towards people.

And Naumov, as his colleagues say about him, is himself extremely decent.

“He is an extraordinary person,” says Lopashenko. – Intelligent, well-mannered, attentive to everyone, does not suffer from professorial forgetfulness, unlike some (I mean myself). And he studies all the time. I recently started skiing. Together with his family, he constantly goes to exhibitions and theaters.

“And what humor he has,” Sergeev picks up. – I once noticed that he lives in the area where the “Bitsa maniac” lived. Naumov replied: “He didn’t live here, he worked here.” I will join the host of those who congratulate the living legend.