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Evgenia Nikolaevna Romanenkova

HISTORY OF DOMESTIC STATE AND LAW

Lecture notes

1. Subject and method of history of the Russian state and law

The history of the national state and law (IOGP) is an integral part of the historical and legal sciences.

In contrast to general history, which studies the entire set of facts and processes occurring in a particular state along the entire path of its development, and the theory of state and law, the subject of which is the study of the main types and forms of state and law without taking into account the characteristics of any particular state, The area of study of the IOGP is the main legal and state institutions of a single state in their historical development.

Subject of IOGP is the study in chronological order of the emergence and development of state and law, the evolution of the social and state system at various historical stages.

IOGP studies legal facts and phenomena and the patterns of their historical development.

In the IOGP there are two blocks of research:

1) history of the state, which studies the structure of the state, government bodies and management mechanisms from their origin to the present day;

2) history of law, which studies the process of creating legal systems, individual legal acts, codifications, the emergence and evolution of various branches of law (civil, criminal, procedural, etc.).

IOGP, studying individual facts and legal acts, also examines the causes, conditions and patterns that result in changes occurring in the state and law.

IOGP method is a set of techniques, methods and means used in the study of IOGP.

Select the following system of IOGP methods:

1) general methods;

2) special methods.

Common methods include: historicism method (or chronological) And philosophical. The essence of the chronological method is the study of state and law as phenomena that consistently change over time under the influence of the political and social situation characteristic of the period being studied.

Philosophical methods include dialectical materialism, dialectical idealism, pragmatism, structuralism, positivism, existentialism, and instrumentalism.

Special methods include: comparative method, who studies state-legal phenomena in comparison with other countries or the main institutions of state and law at different stages of social development, statistical, mathematical, sociological methods.

2. Periodization of the history of the Russian state and law

Periodization of IOGP - this is the division of the entire course of the discipline being studied into certain periods and stages, the time frame of which is limited by the more or less homogeneous course of life of the Russian state and society. The division of IOGP into different periods of historical development contributes to a better study of this subject and allows us to more clearly and qualitatively trace the dynamics of changes in the main institutions of state and law during the change of different historical eras.

The process of periodization is influenced by many phenomena, the level of development of which determines the identification of a certain historical stage. Among them we can highlight:

– level of social development of society (class structure, the presence of contradictions between certain layers of society);

– level of economic and technological development of society (degree of technical progress, ratio of manual and machine production);

– level of development of the state (political regime, form of government, type of state);

– level of development of law (development and emergence of various industries, changes in the most important legal institutions (for example, private property rights), the emergence of new ones.

When studying the IOGP course, the main attention should be paid to the development of the state and law as the main significant factors.

There is no clear and uniform division of IOGP into periods. Periodization depends on the researcher’s perception of the historical era in which he lives.

Currently, scientists identify several periods:

1) ancient Rus' (X–XII centuries);

2) the period of feudal fragmentation (XII–XV centuries);

3) the period of formation of the Russian centralized state (XVI–XVII centuries);

4) Russia during the period of absolutism (XVIII – mid-XIX centuries);

5) Russia during the period of the bourgeois monarchy (mid-19th – early 20th centuries);

6) Russia during the period of the bourgeois-democratic republic (February-October 1917);

7) creation of the Soviet state (October 1917 - 1920);

8) the Soviet state during the NEP period (1921 - 1929);

10) the Soviet state during the Second World War (June 1941 - 1945);

11) the Soviet state during the period of liberalization of social relations (1953 - October 1964);

12) the Soviet state during the crisis of socialism (1960–1990);

14) Russian Federation at the present stage.

3. Origin of the Old Russian state. Normanists and anti-Normanists

The formation of a single Old Russian state was due to the formation of the Old Russian nationality and the process of unification of the East Slavic tribes. Most historians date the formation of the Old Russian state to the 9th century.

This period is characterized by the decomposition of the primitive communal system and the formation of feudal social relations; the formation of the social and state system of the early feudal state; the emergence and development of state legal institutions; the introduction of the Christian religion in Rus'; the adoption of regulations regulating the main aspects of the life of the state and society; strengthening the foreign policy ties of the Russian state, etc.

Features of the formation of the Old Russian state are:

1) geographical and climatic conditions (large sparsely populated territories, difficulties in communication between individual lands - rivers, lakes, which made it difficult to coordinate all lands and implement a unified state policy);

2) residence on the territory of the Old Russian state tribes of different ethnic composition, which resulted in the formation of a multinational state;

3) relationships with neighboring peoples and states.

Basic theories of the formation of the Old Russian state:

1. "Norman theory" the creators of which are German scientists G. Z. Bayer, G. F. Miller and A. L. Shletser. The basis for the Norman theory was the Old Russian chronicle of the 12th century “The Tale of Bygone Years”, which spoke about the calling of the Varangian princes Rurik, Sineus and Truvor to reign on the Russian land, based on which the supporters of this theory conclude that the Varangian brothers founded the Old Russian state and gave it the name “Rus”.

2. "Anti-Norman theory" (M.V. Lomonosov, V.G. Belinsky, N.I. Kostomarov and others) believes that the formation of the Old Russian state was a consequence of deep evolutionary historical processes (the decomposition of the primitive communal system and the development of feudal relations), and was not created by people from Scandinavia. Refuting the Norman origin of the word “Rus,” Russian researchers proved that the “Ros” tribe existed among the Eastern Slavs long before the appearance of the Varangian princes.

The Norman theory established itself as an anti-Russian political doctrine and was widely used by Hitler during the Second World War to justify wars of conquest against the Slavic peoples.

4. State and social system of Kievan Rus

The political system characterizes the state in a certain period and uses such a concept as the form of the state. The form of a state consists of three elements: the form of government, the form of government and the political regime.

According to the form of government, Kievan Rus was early feudal monarchy. The head of state was Grand Duke, to which the supreme legislative power belonged. Under the Grand Duke, a council of elders, which included the prince’s relatives, representatives of the squad and tribal nobility. Some researchers attribute an advisory function to this body, others believe that the opinion of the council of elders was of decisive importance in decision-making. Sometimes they convened feudal congresses, at which issues of delimitation of power between princes and division of lands were resolved. Veche - people's assemblies - convened to resolve the most global issues of national importance, for example, war and peace. As the princely power strengthened, the veche gradually lost its importance.

Contains brief lecture notes, methodological recommendations for preparing for seminars and writing coursework, a problem book, a dictionary of terms, texts of legislative acts, questions for exams, and a screening test. Designed for full-time law students.

Lecture notes

Section I. State and public administration (IX century-1917)

Section II. History of Russian law (IX century-1917)

Books and textbooks on the discipline History of State and Law of Russia:

Answers to the exam on the history of state and law of Russia - 2017
Answers to the exam on the History of State and Law of Russia - 2017
ARCHEGOV Soslan Batrazovich. ACADEMIC GROUP OF THE STATE COUNCIL (1906-1917): HISTORICAL AND LEGAL RESEARCH. Dissertation for the degree of candidate of legal sciences. St. Petersburg - 2016 - 2016
Kerimkhanova D.S.. A textbook on the discipline “History of the Russian State and Law” for the direction of “Jurisprudence”, training profiles “Civil Law”, “Criminal Law” - Makhachkala: DGINKh, 2014 - 372 p. - year 2014
Zubov V.E. History of public administration: textbook. allowance / V. E. Zubov; RANEPA, Sib. inst. - Novosibirsk: SibAGS Publishing House, 2014 - 2014
P.C. Mulukaev. History of the Russian State and Law: a textbook For university students studying in the specialty “Jurisprudence” / year edited by P.C. Mulukaeva. - 2nd ed., revised. and additional - M, 2012. - 703 p. - year 2012
Galai Yu.G., Chernykh K.V.. Beggary and vagrancy in pre-revolutionary Russia: legislative and practical problems: monograph / Yu.G. Galai, K.V. Chernykh. - Nizhny Novgorod: Nizhny Novgorod Law Academy, 2012. -152 s. - year 2012
Vasyuk Anastasia Vladimirovna. HISTORY OF THE EMERGENCE AND DEVELOPMENT OF LEGAL HERMENEUTICS IN RUSSIA. DISSERTATION for the degree of candidate of legal sciences. Moscow - 2011 - 2011

Evgenia Nikolaevna Romanenkova
HISTORY OF DOMESTIC STATE AND LAW
Lecture notes

1. Subject and method of history of the Russian state and law

The history of the national state and law (IOGP) is an integral part of the historical and legal sciences.

Subject of IOGP is the study in chronological order of the emergence and development of state and law, the evolution of the social and state system at various historical stages.

IOGP studies legal facts and phenomena and the patterns of their historical development.

In the IOGP there are two blocks of research:

1) history of the state, which studies the structure of the state, government bodies and management mechanisms from their origin to the present day;

IOGP, studying individual facts and legal acts, also examines the causes, conditions and patterns that result in changes occurring in the state and law.

IOGP method is a set of techniques, methods and means used in the study of IOGP.

Select the following system of IOGP methods:

1) general methods;

2) special methods.

Philosophical methods include dialectical materialism, dialectical idealism, pragmatism, structuralism, positivism, existentialism, and instrumentalism.

2. Periodization of the history of the Russian state and law

The process of periodization is influenced by many phenomena, the level of development of which determines the identification of a certain historical stage. Among them we can highlight:

– level of social development of society (class structure, the presence of contradictions between certain layers of society);

– level of economic and technological development of society (degree of technical progress, ratio of manual and machine production);

– level of development of the state (political regime, form of government, type of state);

When studying the IOGP course, the main attention should be paid to the development of the state and law as the main significant factors.

There is no clear and uniform division of IOGP into periods. Periodization depends on the researcher’s perception of the historical era in which he lives.

Currently, scientists identify several periods:

1) ancient Rus' (X–XII centuries);

2) the period of feudal fragmentation (XII–XV centuries);

3) the period of formation of the Russian centralized state (XVI–XVII centuries);

4) Russia during the period of absolutism (XVIII – mid-XIX centuries);

5) Russia during the period of the bourgeois monarchy (mid-19th – early 20th centuries);

6) Russia during the period of the bourgeois-democratic republic (February-October 1917);

7) creation of the Soviet state (October 1917 - 1920);

8) the Soviet state during the NEP period (1921 - 1929);

10) the Soviet state during the Second World War (June 1941 - 1945);

11) the Soviet state during the period of liberalization of social relations (1953 - October 1964);

12) the Soviet state during the crisis of socialism (1960–1990);

14) Russian Federation at the present stage.

3. Origin of the Old Russian state. Normanists and anti-Normanists

Features of the formation of the Old Russian state are:

2) residence on the territory of the Old Russian state tribes of different ethnic composition, which resulted in the formation of a multinational state;

3) relationships with neighboring peoples and states.

Basic theories of the formation of the Old Russian state:

The Norman theory established itself as an anti-Russian political doctrine and was widely used by Hitler during the Second World War to justify wars of conquest against the Slavic peoples.

4. State and social system of Kievan Rus

The armed forces of the state were represented squad And people's militia. The militia was based on decimal control system, it was headed thousand Local management was carried out prince's governors (in cities) and Volosteli (in the countryside).

By form of government Kievan Rus was relatively single unitary state, then the relations between the principalities and princes took shape in a system called palace-patrimonial.

By type of state, most scientists classify Kievan Rus as feudal type, with its inherent characteristics (multi-structured economy, unstable class composition of society) - friendship.

Political regime had signs of democracy (people's assembly), on the one hand, and authoritarianism (the power of the Grand Duke with elements of coercion).

Characteristic social order due to the formation of the ruling class, which led to the emergence of feudal dependence - system of "suzerainty-vassalage". The boyars from the prince's warriors turn into his vassals, are endowed with a fiefdom and engage in agriculture, increasing the exploitation of the communal peasants, who become dependent on them and are the main labor force. As a result of military campaigns, captured prisoners are turned into slaves (servants), who perform auxiliary economic functions.

5. The emergence and development of ancient Russian law. Russian Truth as a monument of law

The main source of ancient Russian law were customs, which existed both orally and in writing and then became common law. Common law in treaties between Rus' and Byzantium is called Russian Law, which contains the norms of Russian and Byzantine law. The source of law is also agreements: interstate, between princes, agreements of private individuals. Another source of law during this period is judicial precedent. An independent source of law was church legislation, borrowed from Byzantium. Princely legislation has been known since the 10th century. Of particular importance are the church statutes of princes Vladimir Svyatoslavovich and Yaroslav the Wise, regulating church and family relations.

The largest monument of ancient Russian law is Russian Truth (RP), which retained its significance in subsequent periods of history. More than a hundred lists of RP have reached us. The most common division of the RP into three editions: Brief (KP), Extensive (PP) and Abbreviated (SP). The oldest is the KP, which represents the original authentic text of the RP. The Communist Party is called the Truth of Yaroslav. The basis of the Communist Party are tribal customs adapted to the conditions of feudal relations. The PP is a modified and supplemented CP. It was called the Yaroslavich Truth. KP and PP together are called the Court of Yaroslav Vladimirovich. The last edition of the PP falls on the reign of Vladimir Monomakh (1113–1125) and his son Mstislav the Great (1125–1132). The Charter of Vladimir Monomakh stands out in the PP. SP is a revised edition of PP and appears in the middle of the 15th century.

The sources of codification were the norms of customary law, which included provisions on blood feud and mutual responsibility. The RP traces the limitation and desire to abolish blood feud and its subsequent replacement with a vira (monetary fine). Collective responsibility remains. The entire community (“wild vira”) bears responsibility for a crime committed by a member of the community. In the Republic of Poland there are many rules developed by princely judicial practice. The latter are sometimes correlated with the names of the princes who received them (Yaroslav, sons of Yaroslav, Vladimir Monomakh).

The RP is casual in nature, regulates the legal status of various groups of the population, establishing different standards of responsibility, rights and obligations for individual segments of the population.

6. Civil and inheritance law according to Russian Pravda

Civil relations in Kievan Rus were regulated by the norms of customary and church law. The Republic of Poland introduces rules of obligation and inheritance law.

Property object Initially there were things that belonged to a person (horse, military equipment, clothing), later land and other types of land became the object.

Civil obligations in Ancient Rus' were allowed only between free persons and arose either from an agreement or from causing harm. Treaties concluded orally, in front of witnesses, at an auction or in the presence of a special person - a mytnik. The RP mentions the following contracts: purchase and sale, barter, loan, personal hire, storage, commission, etc.

The subject of purchase and sale could be people, things, there was an institution of self-sale. The conditions for the validity of contracts of sale and exchange were the absence of defects in the thing being sold, the acquisition of the thing for money from its owner, the presence of two free witnesses and the sober state of the seller and buyer.

There was a difference between a loan with interest and without interest. A loan with interest exceeding three hryvnias required witnesses to certify the agreement in case of a dispute. In loans up to 3 hryvnia, the defendant cleared himself with an oath. A loan up to one ruble was secured by a guarantee, and above a ruble - by a written deed and a mortgage.

Liabilities also arose as a result of civil offenses. In order to prevent disputes about the price of damaged and destroyed items, the RP determines the cost of a number of items (a princely horse with a spot was valued at 3 hryvnia, and Smerd horses - 2 hryvnia). The remaining items had a price without distinction of owners.

For inheritance law The social affiliation of the subjects was important. The daughters of boyars and warriors had the right of inheritance, but only sons could inherit from smerds; in the absence of sons, the property was considered escheat and went to the benefit of the prince. The inheritance was divided equally between the sons, but the youngest son had an advantage - he received his father's court.

Illegitimate children did not have inheritance rights, but if their mother was a slave-concubine, then they received freedom with her.

7. Crime and punishment according to Russian Truth

Criminal law and procedure are regulated in sufficient detail by the rules of the Republic of Poland.

Crime (P) according to the RP are defined by the term "resentment" i.e. causing moral or material damage to a person or group of persons, non-violation of the law or state will. A crime is not distinguished in law from a tort.

Object P – person and property. Objective side P is divided into two stages: an attempt on P and completed P. In the RP, the rudiments of the concept of “complicity” appear, but there is still no division into the roles of accomplices. All accomplices of P answer equally. There is an idea that the limits of necessary defense have been exceeded.

The RP considers the state of intoxication to be mitigating circumstances, and selfish intent to be aggravating circumstances.

Subject P – all natural persons, with the exception of slaves.

Subjective side P includes intent or negligence.

The RP does not yet know the age limit for criminal liability, the concept of insanity, or the delimitation of P.’s motives.

Among property P The RP pays the greatest attention to theft (theft). Horse stealing was considered the most serious type of theft, for the horse was the most important means of production, as well as military equipment. Property P also included robbery, destruction of someone else's property, theft, damage to boundary signs, arson, and malicious non-payment of debt.

P vs personality: murder, mutilation and other bodily harm, insult by action.

Punishment system according to RP it is quite simple. Capital punishment - "flood and plunder" - assigned for robbery, arson and horse theft. The punishment consisted of confiscation of property and the conversion of the criminal and his family into slavery. The next most severe type of punishment was “vira” – fine, which was assigned only for murder. If the community paid for the criminal, it was called "wild vira". For infliction of mutilation and grievous bodily harm "half-virs". All other Ps were punished “sale” – a fine, the size of which depended on the severity of the crime. The sale went to the treasury, and the victim received “lesson” – monetary compensation for the damage caused. The death penalty is not mentioned in the RP, although it is used in practice.

Trial has an adversarial nature, begins only at the initiative of the plaintiff and is divided into three stages:

1) “cry” - a public announcement of the perfect P;

2) “vault” – confrontation;

3) “chasing the trail” - searching for evidence and the criminal. Evidence system consisted of their testimony, material evidence, ordeals.

8. State and social system in the era of feudal fragmentation

Reasons for the collapse of the Old Russian state:

1. Economic. The self-sufficient system of subsistence farming limited trade between lands and contributed to their isolation.

2. Socio-political. From members of the squad and princely husbands, the boyars turned into feudal landowners who strived for political independence. The tribute collected by the prince as the supreme ruler and defender of his territory is replaced by rent, which is collected by the owner of the land from those living and using it. The decimal system of government is replaced by a palace-patrimony system with two centers of government: the palace and the patrimonial estate. All court ranks (master, bed guard, equerry, etc.) simultaneously become government positions within each individual territorial unit.

3. Foreign policy. The invasion of the Tatar-Mongols and the disappearance of the ancient trade route “from the Varangians to the Greeks.”

The Principality of Kiev loses its significance as a Slavic state center, and a number of principalities separate from it and become independent.

The Vladimir-Suzdal principality, which retained the system of government and administration that was inherent in the early feudal monarchies, subsequently became the center of the unification of Russian lands.

The forms of government in the Novgorod and Pskov states had peculiarities - the Novgorod feudal aristocratic republic was formed in Novgorod, and the republican form of government was formed in Pskov. Public administration was carried out through evening, which formally was the highest authority that decided the most important issues. Boyar Council (“Ospoda”) was the organizational and preparatory body at the veche. The veche elected the prince and the mayor. Posadnik - the executive body of the veche - led the veche meeting and the boyar council, represented in foreign relations, together with the prince was in charge of issues of administration and court, and commanded the army. Tysyatsky dealt with issues of trade and commercial court, headed the people's militia. Archbishop was the keeper of the state treasury and the head of the church.

Social order notable for the presence of a wide middle class of merchants. The urban population was divided into “best people” (boyars, merchants) and “young people” (artisans, workers). The peasantry consisted of communal smerds and dependent peasants (polovniks), mortgagees and slaves.

9. Sources and main features of law during the period of feudal fragmentation

The sources of law during the period of feudal fragmentation were the Russian Truth, charters and charters of Russian princes, “verdicts” of the veche, customary law, agreements between the city and the princes, and foreign legislation. However, the most important monuments of law were the Novgorod and Pskov judicial charters. The Novgorod court charter has reached us in incomplete form. A fragment regulating the judicial system and legal proceedings has been preserved. All government and administrative bodies had judicial rights. Merchant and church corporations (fraternities) were given judicial powers. The judicial officials were: clerks, bailiffs, “pozovniks”, scribes, etc.

Unlike the Russian Pravda, which largely regulates criminal and procedural law, the Pskov Judicial Charter (PSG) pays more attention civil law, which is explained by the need to regulate trade relations. Much attention is paid to property rights. The PSG for the first time distinguishes between real estate (patrimony) and movable (live) property, stipulates the methods of obtaining property (after the expiration of the statute of limitations of ownership, offspring, inheritance, donation, transfer under a contract, grant).

Law of obligations knew contracts of purchase and sale, donation, pledge, loan, barter, luggage, rental. The conclusion of the transaction required the presence of a priest or witnesses. The form of the agreement could be oral or written.

PSG distinguishes between two types of inheritance: by law and by will. The will was drawn up in writing and required state certification.

Under crime PSG understands causing damage not only to individuals, but also to the state. The PSG defined the following types of crimes: against the state (“pereveet” - treason); against the judicial authorities (“posul” - bribe), property [theft began to be divided into simple and qualified or repeated (theft of church property, horse theft, robbery, robbery]); against the person (“golovshchina” - murder, beatings, insult by action).

IN legal proceedings The adversarial process continues to be used, and the role of the court is strengthened. Women, children, and the elderly were allowed representation at the trial; the defendant was summoned to court publicly; they could be brought to court by force. The public process was replaced by a closed one, oral proceedings were replaced by written ones, new judicial evidence appeared (judicial duel - “field”, written evidence).

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ANCIENT RUSSIAN STATE AND LAW (IX -XII CENTURIES)

The emergence of the Old Russian state

The moment of the emergence of the Old Russian state cannot be dated with sufficient accuracy. Obviously, there was a gradual development of those political formations mentioned above into the feudal state of the Eastern Slavs - Old Russian Kievan state Most historians agree that the emergence of the Old Russian state should be dated back to the 9th century.

In the 9th century. The East Slavic states, primarily Kiev and Novgorod (these names are already replacing the old Kuyavia and Slavia), are increasingly being drawn into international trade that passed along the waterway “from the Varangians to the Greeks.” This route, which ran through the lands of several East Slavic peoples, contributed to their rapprochement.

How did ancient Russian statehood emerge? The Tale of Bygone Years reports that at first the southern Slavic tribes paid tribute to the Khazars, and the northern - Varangians, that the latter drove out the Varangians, but then changed their minds and called in the Varangian princes. This decision was caused by the fact that the Slavs fought among themselves and decided to turn to foreign princes to establish peace and order, seeing them as arbiters to settle disputes that arose. It was then that the chronicler “uttered the famous phrase: “Our land is great and abundant, but there is no order (order) in it. May you come and reign with us" (Tales of Ancient Rus'. L., 1983. P. 31). The Varangian princes allegedly did not agree at first, but then accepted the invitation. Three Varangian princes came to Rus' and in 862 sat on the thrones: Rurik - in Novgorod, Truvor - in Izborsk (not far from Pskov), Sineus - in Beloozero. This event is considered to be the starting point in the history of Russian statehood.

The evidence from the annals itself does not raise objections, but in the 18th century. German historians working at the Russian Academy of Sciences interpreted them in such a way as to prove the legitimacy of the dominance of the German nobility at the then Russian imperial court, moreover, to substantiate the inability of the Russian people to constructive state life both in the past and in the present, its “chronic "political and cultural backwardness.

In Russia, patriotic forces have always opposed the Norman theory of the origin of national statehood, since its appearance. Its first critic was M.V. Lomonosov. Subsequently, he was joined not only by many Russian scientists, but also by historians of other Slavic countries. The main refutation of the Norman theory, they pointed out, was the fairly high level of social and political development of the Eastern Slavs in the 9th century. In terms of their level of development, the Slavs were higher than the Varangians, so they could not borrow the experience of state building from them. The state cannot be organized by one person (in this case Rurik) or several even the most outstanding men. The state is a product of the complex and long development of the social structure of society. In addition, it is known that the Russian principalities, for various reasons and at different times, invited squads not only of the Varangians, but also of their steppe neighbors - the Pechenegs, Karakalpaks, and Torks. We do not know exactly when and how the first Russian principalities arose, but in any case they already existed before 862, before the notorious “calling of the Varangians.” (In some German chronicles, already from 839, Russian princes were called Khakans, i.e. kings). This means that it was not the Varangian military leaders who organized the Old Russian state, but the already existing state that gave them the corresponding government posts. By the way, there are practically no traces of Varangian influence in Russian history. Researchers, for example, calculated that per 10 thousand square meters. km of the territory of Rus', only 5 Scandinavian geographical names can be found, while in England, which was subjected to the Norman invasion, this number reaches 150.

In addition to the Slavs, the Old Russian Kievan state included some neighboring Finnish and Baltic tribes. This state, therefore, from the very beginning was ethnically heterogeneous - on the contrary, multinational, polyethnic, but its basis was the Old Russian nationality, which is the cradle of three Slavic peoples - Russians (Great Russians), Ukrainians and Belarusians. It cannot be identified with any of these peoples separately. However, Ukrainian nationalist historians at the beginning of the 20th century. tried to portray the Old Russian state as Ukrainian. This idea was picked up after the collapse of the USSR in some Ukrainian nationalist circles with the aim of quarreling three fraternal Slavic peoples, to “historically” justify the independence of Ukraine, its “historical superiority” over Russia, although, as is known, the Old Russian state was neither in territory nor the composition of the population did not coincide with modern Ukraine. In the 9th and even 12th centuries. It is still impossible to talk about specifically Ukrainian culture, language, etc. All this appeared later, when, due to objective historical processes, the Old Russian people split into three independent branches.

Social order

All feudal societies were strictly stratified, i.e. divided into classes, the rights and responsibilities of which were clearly defined by law as unequal in relation to each other and to the state. Each class had its own legal status. To consider feudal society as divided exclusively into exploiters and exploited is a simplification. A representative of the feudal class, with all his material well-being, was more likely to lose his life than a poor peasant. Monasticism (with the exception of the highest church hierarchs) lived in such asceticism and deprivation that its position could hardly arouse the envy of the simple classes.

Slaves and serfs. Without becoming the predominant method of production, slavery in Rus' became widespread only as a social system. There were reasons for this. Maintaining a slave was too expensive; during the long Russian winter there was nothing to keep him occupied. Climatic conditions unfavorable for the use of slave labor were complemented by the decline of slavery in neighboring countries: there was no clear example for the borrowing and spread of this institution in the Slavic lands. Its spread was also hampered by developed community ties and the possibility of harvesting by free community members. Slavery in Rus' was patriarchal in nature.

To denote the state of slavery, the terms “slave”, “servant”, “serf” were used. However, some historians believe that these terms are of different origins: servants and slaves were from fellow tribesmen, slaves were from prisoners of war. In addition to captivity, the source of slavery was birth from a slave. Criminals and bankrupts also fell into slavery. A dependent person (purchase) could become a slave in the event of an unsuccessful escape from his master or theft. There were cases of self-sale into slavery.

The legal status of a slave changed over time. Since the 11th century. In Russian law, the principle began to operate according to which a slave could not be a subject of legal relations. He was the owner of the master, he did not have his own property. For criminal offenses committed by a slave, the owner was responsible for the material damage caused to him. For the murder of a slave, he received compensation of 5-6 hryvnia.

Under the influence of Christianity, the lot of slaves was alleviated. In relation to the 11th century. we can already talk about protecting the identity of the slave for pragmatic reasons. A layer of serfs appeared who were promoted to the administrative service of the master and had the right to command on his behalf other categories of the dependent population. The Church is intensifying persecution for the murder of slaves. Slavery is degenerating into one of the forms of severe personal dependence with the recognition of certain rights for slaves, primarily the right to life and property.

Feudal lords. The feudal class was formed gradually. It included princes, boyars, warriors, local nobility, mayors, tiuns, etc. The feudal lords exercised civil administration and were responsible for the military organization. They were mutually connected by a system of vassalage, collected tribute and court fines from the population, and were in a privileged position compared to the rest of the population. Russian Truth, for example, establishes a double penalty of 80 hryvnia for the murder of princely servants, tiuns, grooms, and firemen. But she is silent about the boyars and warriors themselves, from which we can conclude that most likely the death penalty was imposed for an attempt on their life. The ruling class of ancient Russian society was called "boyars". Along with this, the most common name, there are others in the sources: best people, deliberate men, princely men, firemen. There were two ways to form the boyar class. Firstly, the boyars became the tribal nobility, which stood out in the process of decomposition of the clan system. These were deliberate men, city elders, zemstvo boyars, speaking on behalf of their tribe. Together with the prince, they took part in military campaigns, enriching themselves from the captured trophies. The second category consisted of princely boyars - boyars-ognishchans, princely men. As the power of the Kyiv princes strengthened, the zemstvo boyars received from the prince immunity letters, which assigned to them the lands they owned as hereditary property (patrimony). Subsequently, the layer of zemstvo boyars completely merges with the princely boyars, the differences between them disappear.

The princely boyars, who were part of the second category of boyars, were in the past the prince’s warriors, and during military campaigns they became the core of the Russian army. Constantly staying with the prince, the warriors carried out his various tasks in governing the state, and were advisers to the prince on issues of domestic and foreign policy. For this service to the prince, the warriors were allocated land and became boyars.

Clergy. Its legal status as a privileged social group took shape with the adoption of Christianity, which became an important factor in strengthening national statehood at the initial stage of its development. The Christian religion, which replaced paganism, brought with it the doctrine of the divine origin of the supreme state power and a humble attitude towards it. After adoption of Christianity in 988 The princes began to widely practice distributing land to the highest representatives of the church hierarchy and monasteries. A large number of villages and towns were concentrated in the hands of metropolitans and bishops; they had their own servants, slaves and even an army. The church received the right to collect tithes for its maintenance. Over time, she was removed from the princely jurisdiction and began to judge her hierarchs herself, as well as administer justice to everyone who lived on her lands.

At the head of the church organization was a metropolitan, appointed by the Patriarch of Constantinople (the princes tried to gain the right to appoint metropolitans for themselves, but during the period under review they were not successful). A council of bishops operated under the metropolitan. The territory of the country was divided into dioceses headed by bishops appointed by the metropolitan. In their dioceses, bishops managed church affairs together with a college of local priests - the choir.

Urban population. Kievan Rus was a country not only of villages, but also of cities, of which there were up to three hundred. Cities were military strongholds, centers of struggle against foreign invasion, centers of crafts and trade. There was an organization here similar to the guilds and workshops of Western European cities. The entire city population paid taxes. The church charter of Prince Vladimir speaks of the payment of duties on weights and measures; There was also a special citywide tax - pogorodie. Old Russian cities did not have their own bodies of self-government and were under princely jurisdiction. Therefore, urban (“Magdeburg law”) did not arise in Rus'.

Free city residents enjoyed the legal protection of Russian Pravda; they were covered by all its articles on the protection of honor, dignity and life. A special role in the life of cities was played by the merchants, who early began to unite into corporations (guilds), called hundreds. Usually the “merchant hundred” operated under some church. "Ivanovo Sto" in Novgorod was one of the first merchant organizations in Europe.

Peasantry. The bulk of the population were stinks. Some researchers believe that all rural residents were called smerds. Others believe that the smerds are only part of the peasantry, already enslaved by the feudal lords. Russian Pravda nowhere specifically indicates a limitation on the legal capacity of smerds; there are indications that they pay fines characteristic of free citizens. But in the testimonies about the smerds, their unequal position slips through: constant dependence on the princes who “favor” the villages with the smerds.

The Smerdas lived rope communities. The community in the Old Russian state was no longer consanguineous, but territorial, neighborly in nature. It operated on the principle of mutual responsibility and mutual assistance. The responsibilities of the peasant population in relation to the state were expressed in the payment of taxes (in the form of tribute) and dues, and participation in armed defense in the event of hostilities.

The basis for the formation of categories of dependent peasantry was “purchase” - an agreement with the master, secured by the personality of the debtor himself. Zakup - an impoverished or ruined peasant who has found himself in a dependent position; he took inventory, a horse, and other property from the master and earned interest on the debt. Zakup retained partial legal capacity: he could act as a witness in certain types of litigation, but his life was protected by a 40-hryvnia security (like the life of a free person). He had the right to leave his owner to earn money, he could not be beaten without “guilt”, the law protected his property. However, for escaping from the master, the purchaser turned into a slave. Under Prince Vladimir Monomakh, the procurement situation was eased (limiting interest on the amount of debt, suppressing the unreasonable sale of purchases to slaves, etc.).

Political system

Kievan Rus was not a centralized state. Like other states during the formation of feudal relations, for example, the empire of Charlemagne in Western Europe, the Old Russian state was “patchwork”, it was inhabited by different tribes - Polyans, Drevlyans, Krivichi, Dregovichi, etc. Local princes were obliged to participate with their army in campaigns Kyiv princes, were present at feudal congresses, some of them were members of the princely council. But as feudal relations develop and the process of feudalization deepens, the ties between local princes and the Grand Duke of Kyiv weaken more and more, and preconditions for feudal fragmentation arise.

The state unity of Kievan Rus was based on a system of suzerainty-vassalage. The entire structure of the state rested on the ladder of the feudal hierarchy. The vassal depended on his lord, who depended on a larger lord or supreme overlord. Vassals were obliged to help their lord (participate in his military expeditions and pay him tribute). In turn, the lord was obliged to provide the vassal with land and protect him from the encroachments of neighbors and other oppression. Within the limits of his possessions, the vassal had immunity. This meant that no one, including the overlord, could interfere in his internal affairs. The vassals of the Grand Duke were local princes, who had such immune rights as the right to collect tribute and administer justice with the receipt of appropriate income.

At the head of the Old Russian state was Grand Duke. The supreme legislative power belonged to him. There are known major laws issued by the grand dukes and bearing their names: the Charter of Vladimir, the Truth of Yaroslav, etc. The Grand Duke of Kiev concentrated executive power in his hands, being the head of the administration. He headed the entire military organization of the ancient Russian state and personally led the army into battle. (Prince Vladimir Monomakh recalled at the end of his life about his 83 great campaigns). The grand dukes performed the external functions of the state not only by force of arms, but also by diplomatic means. Ancient Rus' stood at the European level of diplomatic art. It concluded various international agreements of a military and commercial nature, either orally or in writing. Diplomatic negotiations were conducted by the princes themselves; they sometimes headed embassies sent to other countries. The princes also performed judicial functions.

The figure of the prince arose as a result of the evolution of power belonging to the tribal leader, but the princes of the period of military democracy were elected. Having become head of state, the Grand Duke transfers his power by inheritance, along a straight descending line, i.e. from father to son. Usually the princes were men, but there is a known exception - Princess Olga.

Although the great princes were monarchs, they still could not do without listening to the opinions of those close to them. This is how a council under the prince was formed, which was not legally formalized in any way, but had a serious influence on the monarch. The council included the Grand Duke's associates, the top of his squad - princely men. Sometimes feudal congresses were convened in the ancient Russian state, in which large feudal lords took part. The congresses resolved inter-princely disputes and some other issues. In the literature, it was suggested that at one of these congresses the Yaroslavich Pravda, an important component of the Russian Pravda, was adopted. There was also a veche in the Old Russian state, which grew out of the ancient people's assembly. His activity was especially high in Novgorod.

Initially, in Kievan Rus, a decimal, or numerical, system of control was used, which grew out of a military organization, in which the heads of military units - ten, sotsky, thousand - were the leaders of more or less large units of the state. Thus, Tysyatsky retained the functions of a military leader, and Sotsky became a city judicial and administrative official. Over time, however, the decimal system gives way to the palace-patrimonial system, which grows out of the idea of combining the management of the grand-ducal palace with state administration. In the household of the Grand Duke there were various kinds of servants who were in charge of its individual branches (butlers, stable boys, etc.). Over time, the princes began to entrust them with conducting certain affairs throughout the state, endowing them with appropriate powers.

The local government system was simple. In addition to the local princes, who sat in their appanages, representatives of the central government - governors and volosts - were sent to the localities. They did not receive a salary from the treasury for their service, but “fed” at the expense of the local population, from whom they collected, not forgetting themselves, tribute in favor of the prince. This is how a feeding system developed in Rus', which far outlived the Old Russian state (in the Moscow state it was abolished only in the middle of the 16th century).

The basis of the military organization of Kievan Rus consisted of a grand ducal squad, relatively small in number. These were professional warriors who depended on the mercy of the prince. But he himself depended on them. The warriors were not only warriors, but also advisers to the prince. The senior squad represented the top of the feudal class and largely determined the prince's policy, internal and external. The vassals of the Grand Duke, appearing at his call in Kyiv, brought with them squads, as well as a militia consisting of their servants and peasants. Every man was required to own a weapon. Boyar and princely sons were already mounted on horses at the age of three, and at the age of 12 their fathers took them on campaigns. Feeling the need to build up military strength, the Kyiv princes often resorted to the services of mercenaries - first the Varangians, then the steppe nomads (Karakalpaks, etc.)

In Ancient Rus' there were no special judicial bodies. Judicial functions were performed by representatives of the administration, including its head, the Grand Duke. However, there were special officials who assisted in the administration of justice. Among them we can name, for example, the Virniks, who collected criminal fines for murder. The Virniks, when on duty, were accompanied by a whole retinue of minor officials. Judicial functions were also performed by the church and individual feudal lords, who had the right to judge people dependent on them (patrimonial justice). The judicial powers of the feudal lord formed an integral part of his immunity rights.

Managing the state, waging wars, and satisfying the personal needs of the Grand Duke and his entourage required, of course, considerable funds. In addition to income from their own lands, the princes established system of taxes, tribute. At first these were voluntary donations from tribe members to their prince and his squad, but then they became a mandatory tax. The payment of tribute became a sign of subordination (hence the word “subject”, i.e., one who is under tribute, taxed by it). Tribute was collected by polyudya, when princes, usually once a year, traveled around the lands under their control and collected income from their subjects. The sad fate of Grand Duke Igor, who was killed by the Drevlyans for excessive extortions, was known, which forced his widow Princess Olga to streamline taxation. She established the so-called graveyards - special tribute collection points (usually this was a large village). The population paid taxes in furs, which were a kind of monetary unit. Their value as a means of payment did not disappear even when they, while retaining the princely sign, lost their marketable appearance. Foreign currency was also used and melted down into Russian hryvnia.

An important element of the political system of ancient Russian society was the church, which from the moment of the baptism of Rus' turned out to be closely connected with the state. At first, Prince Vladimir Svyatoslavich tried to use the pagan cult in the interests of the state, establishing a hierarchy of pagan gods headed by Perun, the god of thunder and war, but then he reoriented himself to the Christian religion and baptized Rus'. According to legend, he thought for a long time before making a choice in favor of Orthodoxy.

The baptism of Rus' took place largely by force, especially in the northern Russian lands, where the population did not want to renounce the faith of their fathers and grandfathers. One way or another, as soon as Rus' adopted Christianity, the church organization began to grow, and soon the church declared itself not only as a large (collective) feudal lord, but also as a force that contributed to the strengthening of national statehood. At the head of the Orthodox Church was the Metropolitan of Kiev, who was appointed at that time from Byzantium, the center of Orthodoxy. Then the Kyiv princes began to appoint him. In some Russian lands, the church organization was headed by bishops.

Legal system

Sources of law. The emergence of the Old Russian state was naturally accompanied by the formation of Old Russian law, historically the first source of which was legal customs - norms of customs of pre-class society, sanctioned by the emerging state. Among them you can find blood feud, the principle of talion - “equal for equal.” The totality of these norms of the chronicle and other ancient documents are called "Russian law."

The first written monuments of ancient Russian law that have come down to us were treaties between Rus' and Byzantium. Concluded after successful military campaigns, these treaties were of an international legal nature, but at the same time they reflected the norms of Russian Law. (From these treaties, we, in fact, know about the main content of Old Russian customary law).

Princely legislation as a source of law appeared in Rus' in the 10th century. Of particular importance are statutes Vladimir Svyatoslavich, Yaroslav, who made changes to the current financial, family and criminal law. The largest monument of ancient Russian law is Russian Truth, retaining its significance in subsequent (beyond Kyiv) periods of national history.

Russian Truth was compiled over a long period of time (in the 11th-11th centuries), but some of its articles go back to pagan antiquity. Its text was first discovered by V.N. Tatishchev in 1738. Now more than a hundred of its lists are known, significantly different from each other in volume, structure, and content. The legal monument is usually divided into three editions (large groups of articles, united chronologically and semantically): Brief, Long and Abridged. IN Brief edition includes two components: the Truth of Yaroslav (or the Most Ancient) and the Truth of the Yaroslavichs - the sons of Yaroslav the Wise. Yaroslav's Truth includes the first 18 articles of the Brief Edition and is entirely devoted to criminal law. Most likely, it was compiled when there was a struggle for the Kiev throne between Yaroslav and his brother Svyatopolk (1015-1019). Yaroslav's hired Varangian squad dealt with the Novgorodians, thereby starting a protracted and unfavorable conflict for Yaroslav. In an effort to appease the Novgorodians, he “gave” them the Truth, commanding them to “walk according to its letter.”

Pravda Yaroslavich includes the following two dozen articles of the Brief Edition (the so-called Academic List). As is clear from its title, the collection was developed by the three sons of Yaroslav the Wise with the participation of his immediate circle. The composition of the text dates back to approximately the middle of the 11th century. From the second half of the same century, a lengthy edition began to take shape, which was finalized in the 12th century. In terms of the level of development of legal institutions, this is already the next stage in the development of ancient Russian law, although along with new regulations, the Long Pravda also includes modified norms of the Short Edition. It presents criminal and inheritance law, and thoroughly develops the legal status of various categories of the population. By the XIII-XIV centuries. refers to the emergence of the Abridged edition, which is a selection from articles of the Long Pravda, adapted to regulate more developed social relations of the period of political fragmentation in Rus'.

In addition to the Russian Truth, which stood at the center of the legal system of the Old Russian state, in the era of Kievan Rus, the church statutes of princes Vladimir and Yaroslav the Wise were known from legal sources, from which the history of church legislation came, as well as articles from legal collections of other Slavic peoples. For example, the “Law of Judgment for People” from Bulgaria was used. The Helmsman's Books, Byzantine collections of church and civil decrees, mostly related to the field of family and marriage law, were also important.

The entire set of legal customs and laws in force in Rus' created the basis for a fairly developed system of ancient Russian law. Like any feudal law, it was a right-privilege, i.e. the law provided for inequality of rights for people belonging to different social groups. So, the slave had almost no rights. The legal capacity of smerds, especially purchasers, was very limited. But the law took the rights and privileges of the top of feudal society under enhanced protection.

Civil law. Russian Pravda and other sources of ancient Russian law quite clearly distinguish between two main parts of civil law - the right of property and the law of obligations. Property rights arise with the establishment of feudalism and feudal ownership of land. Feudal property is formalized in the form princely domain(land ownership belonging to this princely family), boyar or monastery estate. The Brief Edition of Russian Pravda enshrines the inviolability of feudal land ownership. In addition to ownership of land, she also talks about the ownership of other things - horses, draft animals, slaves, etc.

As for the law of obligations, Russkaya Pravda knows obligations from contracts and obligations from causing harm. Moreover, the latter merge with the concept of crime and are called offense.

It is typical for Old Russian law of obligations foreclosure not only on property, but also on the personality of the debtor, and sometimes even on his wife and children. The main types of contracts were contracts of barter, purchase and sale, loan, luggage, and personal hire. Agreements were concluded orally, but in the presence of witnesses - hearsay. The purchase and sale of land apparently required writing. When selling a stolen item, the transaction was considered invalid, and the buyer had the right to demand compensation for losses.

The loan agreement is regulated most fully in Russian Pravda. In 1113, there was an uprising of the Kyiv lower classes against the moneylenders, and Vladimir Monomakh, called upon by the boyars to save the situation, took measures to streamline the collection of interest on debts. The law names not only money as the object of a loan, but also bread and honey. There are three types of loan:

an ordinary (household) loan, a loan made between merchants (with simplified formalities), and a loan with self-mortgage - procurement. There are different types of interest depending on the loan term. The period for charging interest is limited to two years. If the debtor paid interest for three years, then he had the right not to return the amount borrowed to the creditor. Short-term borrowing carried the highest interest rate.

Marriage and family law. It developed in Ancient Rus' in accordance with canonical rules. Initially, customs associated with the pagan cult were in effect. One of the forms of individual marriage in the pagan era was bride abduction (including imaginary), another was purchase. Polygamy was quite widespread. (According to the Tale of Bygone Years, men of that time had two or three wives, and Grand Duke Vladimir Svyatoslavich had five wives and several hundred concubines before his baptism). With the introduction of Christianity, new principles of family law were established - monogamy, difficulty in divorce, lack of rights for illegitimate children, cruel punishments for extramarital affairs.

According to the Church Charter of Yaroslav, a monogamous family becomes an object of protection by the church. Members of such a family, primarily the wife, enjoy her full protection. Marriage was necessarily preceded by betrothal, which was considered indissoluble. The age of marriage was low (14-15 years for men and 12-13 years for women). The Church demanded a wedding as an indispensable condition for the legality of marriage. The legislation of Ancient Rus' consistently defended the free will of those getting married, establishing the responsibility of those parents who either marry off their daughter without her consent or prevent their daughter from marrying. Divorce was possible only if there were reasons listed in the Church Charter.

The issue of property relations between spouses is not entirely clear. It is obvious, however, that the wife had a certain property independence. The law allowed property disputes between spouses. The wife retained ownership of her dowry and could pass it on by inheritance.

Children were completely dependent on their parents, especially on their father, who had almost unlimited power over them.

Inheritance law. The concept of inheritance arises directly with the advent of private property; At the same time, the inheritance law of the Eastern Slavs, which became widespread after the formation of the Old Russian state, retained many features of patriarchal relations. When inheriting by law, i.e. without a will, the sons of the deceased had benefits. If they were available, the daughters did not receive anything (the heirs were only entrusted with the obligation to marry off their sisters). The inheritance was obviously divided equally, but the youngest son had an advantage - he received his father's court. Illegitimate children did not have inheritance rights, but if their mother was a robe-concubine, then they received freedom with her. The father's right to dispose of property when drawing up a will was not limited. The exception to this rule was that he could not bequeath property to his daughter.

Criminal law. In the Old Russian state, the crime was called resentment. This meant causing any harm to the victim. But harm, as we know, can be caused by both a crime and a civil violation (tort). Thus, Russkaya Pravda did not distinguish between a crime and a civil violation.

The criminal law of the period under review was feudal. The life, honor, and property of slaves were not protected by law. The benefits belonging to the feudal lords were protected especially zealously: for the murder of a feudal lord, a fine of 80 hryvnia was established, and for stinking only 5 hryvnia. Slaves were not recognized as subjects of law at all. Art. 46 of Russian Pravda says that if slaves turn out to be thieves, then the prince does not punish them with a fine, since they are not free (and because of this, as the legislator probably believes, they can commit theft at the instigation of their master). The owner of such a slave was obliged to pay double compensation to the victim. In some cases, the victim could deal with the offender himself, without turning to government agencies, even to the point of killing the slave who had encroached on a free person.

Russian Truth does not know the age limits of criminal liability or the concept of insanity. The state of intoxication does not exclude liability. But Russian Pravda knows the concept of complicity. The problem can be solved simply: all accomplices in the crime are equally liable.

Russian Truth distinguishes responsibility depending on the subjective side of the crime. He does not distinguish between intent and negligence, but distinguishes between two types of intent - direct and indirect. This is noted in cases of responsibility for murder: murder while settling scores is punishable by capital punishment - death and robbery, while murder in a “svad” (fight) is punishable only by viroy. Responsibility for bankruptcy also differs on the subjective side: only intentional bankruptcy is considered criminal. The heat of passion excludes, according to the norms of Russian Pravda, liability. As for the objective side of criminal acts, the overwhelming number of crimes are committed through action. Only in very few cases is criminal inaction punishable (concealment of a find, prolonged failure to repay a debt).

Russian Truth knows only two generic objects of crime - the person’s identity and his property. Hence there are only two types of crimes. But each genus includes quite diverse types of criminal acts. Crimes against the person include murder, bodily harm, battery, and assault. Princely statutes also include verbal insult, where the object of the crime is primarily the honor of a woman. In the charters of princes Vladimir Svyatoslavich and Yaroslav one can find references to sexual crimes.

Among property crimes, Russkaya Pravda pays the most attention to theft (theft). Horse stealing was considered the most serious type of theft. The criminal destruction of someone else's property by arson, punishable by destruction and plunder, is also known. The princely statutes provided for crimes against the church, as well as against family relations. The Church, introducing a new form of marriage, with the help of criminal law, intensively fought against the remnants of pagan rituals.

In Russian Pravda there are no indications of either state or official crimes. But this does not mean that protests against the princely power took place with impunity. It’s just that in such cases direct punishment was used without trial or investigation. Just remember what Princess Olga did with her husband’s murderers.

Court and legal proceedings. In the Old Russian state, the court was not separated from the administration. Posadniks and other officials who administered justice received a certain part of the vir and sales collected during the consideration of cases. In addition, they were rewarded by the parties involved in the process. The highest judicial authority was the Grand Duke.

Old Russian law did not yet know the distinction between criminal and civil proceedings, although some procedural actions could only be used in criminal cases (pursuit, arch). In any case, in both criminal and civil cases an adversarial (accusatory) process was used, in which the parties had equal rights. Both parties to the lawsuit were called plaintiffs. (Researchers believe that the church court also used the inquisitorial, investigative process with all its attributes, including torture).

Russkaya Pravda knows two specific procedural forms of pre-trial preparation of a case - pursuit of the trail and arch. Pursuing a trail is finding a criminal in his tracks. If the trail leads to the house of a specific person, it means that he is the criminal; if it leads to a village, the community bears responsibility; if he gets lost on the main road, the search for the criminal stops.

If neither the lost item nor the thief are found, the victim has no choice but to resort to calling out, i.e. Post a missing item in a marketplace in hopes that someone will identify stolen or lost property from another person. A person who discovers lost property can, however, claim that he acquired it in a lawful way, for example, by purchase. Then the process of arching begins. The owner of the property must prove the good faith of its acquisition, i.e. indicate the person from whom he purchased the item. In this case, the testimony of two witnesses and a mytnik - a collector of trade duties - is sufficient.

The law provides for certain evidence system including testimony. There are two categories of witnesses - video and hearsay. The first are witnesses in the modern sense of the word, eyewitnesses of the incident. Rumors are a more complex category. These are people who heard about what happened from someone else, having second-hand information. Sometimes rumors were also understood as witnesses to the good reputation of the parties. They had to show that the defendant or plaintiff are people of integrity and trustworthiness. In some civil and criminal cases, a certain number of witnesses was required (for example, two witnesses when concluding a purchase and sale agreement, two witnesses for insult by action). In other words, there is an element of formalism in the use of testimony.

A whole system of formal evidence appears in the Old Russian state - ordeals. Among them should be mentioned judicial duel - "field". The winner of the duel won the case, since it was believed that God helps the right. The “field” is not mentioned in the Russian Pravda and other laws of the Kievan state, but other sources, including foreign ones, speak of the practical use of this type of ordeal in Rus'.

Another type of "God's judgment" was testing with iron and water. The iron test was used when other evidence was lacking, and in more serious cases than the water test. Russkaya Pravda, which devotes three articles to ordeals, does not disclose the techniques for carrying them out. According to later sources, however, it can be concluded that if a person, tied up and thrown into the water, began to drown, then he was considered to have won the case. A special type of evidence was oath -"company". In some cases, external signs and physical evidence had evidentiary value.

In the Russian Pravda, certain forms of ensuring the execution of a court decision are visible, for example, the recovery of a fine from a murderer. A special official - the virnik - came to the house of the convicted person with a large and armed retinue and “patiently” waited until he paid the fine, receiving abundant in-kind support every day. It was more profitable for the criminal to get rid of his debt and get rid of unpleasant “guests” as quickly as possible.

For the bulk of crimes the punishment was "sale" - criminal fine.

THE STATE AND LAW OF Rus' DURING THE PERIOD OF APARTMENT RULE (XII-XIV CENTURIES). FORMATION OF THE RUSSIAN CENTRALIZED STATE

Prerequisites for political fragmentation

In the middle of the 12th century. Old Russian state fell apart into twelve appanage principalities. This was the political result of the further development of feudalism, the strengthening of feudal ownership of land, and the establishment of feudal rent as a means of exploiting the peasantry. The decline in the share of international trade carried out along the route “from the Varangians to the Greeks” through Kyiv, the cessation of the aggressive campaigns of the Kyiv princes, which enriched the nobility, weakened the importance of Kyiv as the political and economic center of the Russian lands. Attempts by the Kyiv princes to stop the process of disintegration of Kievan Rus through feudal congresses did not bring success. One after another, the lands began to be liberated from the power of Kyiv, local feudal lords began to pursue their own policies, often different from the national policy of Kiev. In an effort to expand their land holdings, local feudal lords and princes seized neighboring lands, which intensified civil strife and feudal strife. New economic and political centers are gradually strengthening - Novgorod, Smolensk, Galich, Ryazan and others. The new era was characterized by the spread of arable farming, and the three-field system began to take hold. Crafts are developing in cities, and the number of craft specialties is growing. Cities become centers of surrounding territories, military strongholds. However, under the dominance of a natural economy, the development of commodity production had its limits: trade ties between the principalities were fragile and unstable.

Increased productivity in agriculture and craft production led to an increase in the value of land. The feudal lords now saw the land as the main source of their enrichment. The desire of feudal lords to expand their land holdings sharply increases. In such conditions, the grand ducal government, in an effort to strengthen its position, widely practices distributing land to those close to it. The result ultimately turned out to be the opposite: the growth of large feudal landownership and the assistance of the central government weakened the Kievan throne and led to the collapse of the state unity of Kievan Rus. Having become the owners of vast land holdings, local princes and boyars gained independence both economically and politically. The real power of the Kyiv princes quickly declined and was gradually limited to the territory of the Kyiv principality itself, although nominally Kyiv continued to be considered an all-Russian “capital city”.

The collapse of state unity, the economic and political isolation of individual principalities and lands is a natural stage in the development of the feudal system. But, on the other hand, the transition to feudal fragmentation, the dismemberment of the Old Russian state weakened resistance to external pressure and facilitated (later) the conquest of Russia by the Tatar-Mongols.

After the collapse of the Old Russian state, the location of the principality and the level of feudalization of its economic life were of great importance for the economic and political development of its individual parts. The political forms of domestic statehood during the period of appanage rule were diverse - from strong princely power to a republican system. The main options are related to the history of the Vladimir (Rostovo)-Suzdal and Galicia-Volyn principalities, the Novgorod and Pskov feudal republics.

Vladimir-Suzdal Principality

The Vladimir-Suzdal principality is a typical example of a Russian principality during the period of feudal fragmentation. Occupying a large territory - from the Northern Dvina to the Oka and from the sources of the Volga to its confluence with the Oka, Vladimir-Suzdal Rus' eventually became the center around which the Russian lands united, and a Russian centralized state was formed. Moscow was founded on its territory. The growth of the influence of this large principality was greatly facilitated by the fact that it was there that the grand ducal title was transferred from Kyiv. All Vladimir-Suzdal princes, descendants of Vladimir Monomakh - from Yuri Dolgoruky (1125-1157) to Daniil of Moscow (1276-1303) - bore this title. The metropolitan see was also moved there. After Batu’s devastation of Kyiv in 1240, the Patriarch of Constantinople replaced the Greek Joseph as the head of the Russian Orthodox Church with Metropolitan Kirill, a Russian by birth, who during his travels to dioceses clearly gave preference to North-Eastern Russia. The next Metropolitan Maxim in 1299, “unable to tolerate Tatar violence,” finally left Kyiv and “sat in Volodymyr with all his clergy.” He was the first of the metropolitans to be called the Metropolitan of “All Rus'”.

Rostov the Great and Suzdal, two of the oldest Russian cities, were given by the great princes of Kyiv as inheritances to their sons from ancient times. Vladimir founded Vladimir Monomakh in 1108 and gave it as an inheritance to his son Andrei. The city became part of the Rostov-Suzdal principality, where the princely throne was occupied by Andrei's elder brother, Yuri Dolgoruky, after whose death his son Andrei Bogolyubsky (1157-1174) moved the capital of the principality from Rostov to Vladimir. From then on, the Vladimir-Suzdal principality began.

The Vladimir-Suzdal principality did not retain its unity and integrity for long. Soon after its rise under the Grand Duke Vsevolod the Big Nest (1176-1212), it broke up into small principalities. In the 70s XIII century The Principality of Moscow also became independent.

Social system. The structure of the feudal class in the Vladimir-Suzdal principality was not much different from that of Kyiv. However, here a new category of small feudal lords arises - the so-called boyar children. In the 12th century A new term also appears - “nobles”. The ruling class also included the clergy, which in all Russian lands during the period of feudal fragmentation, including the Vladimir-Suzdal principality, retained its organization, built according to the church charters of the first Russian Christian princes - Vladimir the Holy and Yaroslav the Wise. Having conquered Rus', the Tatar-Mongols left the organization of the Orthodox Church unchanged. They confirmed the privileges of the church with khan's labels. The oldest of them, issued by Khan Mengu-Temir (1266-1267), guaranteed the inviolability of faith, worship and church canons, retained the jurisdiction of the clergy and other church persons to church courts (with the exception of cases of robbery, murder, exemption from taxes, duties and duties). The metropolitan and bishops of the Vladimir land had their vassals - boyars, children of boyars and nobles who performed military service with them.

The bulk of the population of the Vladimir-Suzdal principality were rural residents, who were called here orphans, Christians, and later peasants. They paid quitrents to the feudal lords and were gradually deprived of the right to freely move from one owner to another.

Politic system. The Vladimir-Suzdal principality was an early feudal monarchy with a strong grand-ducal power. Already the first Rostov-Suzdal prince - Yuri Dolgoruky - was a strong ruler who managed to conquer Kyiv in 1154. In 1169, Andrei Bogolyubsky again conquered the "mother of Russian cities", but did not move his capital there - he returned to Vladimir, thereby re-establishing its capital status. He managed to subjugate the Rostov boyars to his power, for which he was nicknamed the “autocracy” of the Vladimir-Suzdal land. Even during the time of the Tatar-Mongol yoke, the Vladimir table continued to be considered the first grand princely throne in Rus'. The Tatar-Mongols preferred to leave intact the internal state structure of the Vladimir-Suzdal principality and the clan order of succession to grand-ducal power.

The Grand Duke of Vladimir relied on his squad, from among which, as in the times of Kievan Rus, the Council under the prince was formed. In addition to the warriors, the council included representatives of the highest clergy, and after the transfer of the metropolitan see to Vladimir, the metropolitan himself.

The Grand Duke's court was ruled by a dvoresky (butler) - the second most important person in the state apparatus. The Ipatiev Chronicle (1175) also mentions tiuns, swordsmen, and children among the princely assistants, which indicates that the Vladimir-Suzdal principality inherited the palace-patrimonial system of government from Kievan Rus.

Local power belonged to governors (in cities) and volosts (in rural areas). They administered justice in the lands under their jurisdiction, showing not so much concern for the administration of justice, but a desire for personal enrichment at the expense of the local population and replenishment of the grand ducal treasury, for, as the same Ipatiev Chronicle says, “they created a lot of burdens for the people with sales and Virami".

Right. The sources of law of the Vladimir-Suzdal principality have not reached us, but there is no doubt that the national legislative codes of Kievan Rus were in force there. The legal system of the principality included sources of secular and ecclesiastical law. Secular law was represented by the Russian Truth (many of its lists were compiled in this principality in the 13th-14th centuries). Church law was based on the norms of all-Russian charters of the Kyiv princes of an earlier time - the Charter of Prince Vladimir on tithes, church courts and church people, the Charter of Prince Yaroslav on church courts. These sources again came to us in lists compiled in the Vladimir-Suzdal land. Thus, the Vladimir-Suzdal principality was distinguished by a high degree of succession with the Old Russian state.

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Lectures on the course history of the Russian state and law. Evgenia Romanenkova - History of the Russian state and law

Books and textbooks on the discipline History of State and Law of Russia:

Evgenia Nikolaevna Romanenkova HISTORY OF DOMESTIC STATE AND LAW Lecture notes

1. Subject and method of history of the Russian state and law

2. Periodization of the history of the Russian state and law

3. Origin of the Old Russian state. Normanists and anti-Normanists

4. State and social system of Kievan Rus

5. The emergence and development of ancient Russian law. Russian Truth as a monument of law

6. Civil and inheritance law according to Russian Pravda

7. Crime and punishment according to Russian Truth

8. State and social system in the era of feudal fragmentation

9. Sources and main features of law during the period of feudal fragmentation

Evgenia Nikolaevna Romanenkova
HISTORY OF DOMESTIC STATE AND LAW
Lecture notes