The present period of domestic law has once again marked the problem of finding our historical roots. The purpose of this work is to substantiate the refutation of the point of view of a number of theorists about legal "backwardness" and programmed implementation doom of domestic public (and, above all, criminal) law. Research subjects - acts of Byzantine law (Nomocanons, Eclogi, Prokhiron, Digesta Justinian, etc.); monuments of domestic law: Charters of Vladimir the Holy and Yaroslav the Wise, Russian Truth, etc. The scientific works of both pre-revolutionary and modern authors are analyzed.