Who wrote the Russian truth. The history of the creation and composition of the Russian truth. It is interesting that the term "sale" appeared in Kratka Pravda - a fine established by law, levied in favor of the prince as a state body, i.e. going to the treasury. Apart from selling
RUSSIAN TRUTH- a monument to the legislation of the 11th – 12th centuries, considered the earliest code of legal norms of early medieval Russia that has come down to modern researchers.The term "truth", often found in ancient Russian sources, means the legal norms on the basis of which the court was judged (hence the expressions "judge the right" or "judge in truth", that is, objectively, fairly). The sources of codification are the norms of customary law, princely jurisprudence, as well as borrowed norms from authoritative sources - primarily the Holy Scriptures. It is believed that even before Russian truth there was a Russian law(there are references to its norms in the text Of the agreement Rus with Byzantium 907), however, which of his articles were included in the text of Russkaya Pravda, and which are original, there is no exact data. According to another hypothesis, the name "Pravda Roskaya" comes from the lexeme "Ros" (or "Rus"), which means "vigilante". In this case, in the text of the code of practice, one should see the code adopted to regulate relations in the princely-retinue environment. The importance of the tradition and the norms of customary law (nowhere and not written by anyone) was less in it than in the community.
Russkaya Pravda has survived to this day in the 15th century lists. and eleven lists
18 –19 centuries. According to traditional Russian historiography, these texts and lists are divided into three editions Russian Truth : Brief, Spacious and Abbreviated . Oldest list or first edition Russian Truth is an Brief True (20s - 70s 11 c.), which is usually divided into The truth of Yaroslav the Wise(1019-1054) and The truth of the Yaroslavichi... First 17 articles Yaroslav's truth(according to the breakdown of later researchers, since there is no source of division into articles in the text itself), preserved in two copies of the 15th century. as part of the Novgorod I Chronicle, contain an even earlier layer - the first 10 recorded norms, "as Yaroslav judged" - they are called The Oldest Truth (« Pravda Roska "). Its text was compiled no earlier than 1016. A quarter of a century later, the text Ancient Truth formed the basis of all Yaroslav's truth- the code of case law. These norms regulated relations within the princely (or boyar) economy; among them - decisions on payments for murder, insult, mutilation and beatings, theft and damage to other people's property. Start Brief Truth convinces of fixing the norms of customary law, since they deal with blood feud (Art. 1) and mutual responsibility (Art. 19).By the truth of the Yaroslavichi(sons Yaroslav the Wise) refers to Articles 19-41 in the text Brief Truth... This part of the code was drawn up in the 70s
11 in. and until the end of the century was constantly updated with new articles. These include Articles 27-41, divided into Pocon(i.e Fines Charter in favor of the prince for the murder of free people and the norms of feeding the collectors of these payments), the appearance of which is associated with the uprisings of 1068-1071 in Russia, and Lesson to bridge builders(that is, the Rules for those who pave the carriageway in cities). Overall Brief revision Russian Truth reflects the process of formalizing laws from particular cases to general norms, from solving specific issues to formalizing national law at the stage of formation of the medieval feudal order.The Vast Truth- second edition Russian Truth, a monument to a developed feudal society. Created in the 20s and 30s
12 in. (a number of researchers associate its appearance with the Novgorod uprisings of 1207-1208 and therefore refer its compilation to 13 in.). Preserved in more than 100 lists in legal collections. The earliest - Synodal List of Extensive Truth- compiled in Novgorod around 1282, entered in the Pilot Book and was a collection of Byzantine and Slavic laws. Another early list is Troitsky, 14th century. - part of The measure of the righteous, also the oldest Russian legal collection. Most of the lists Expanded Truth- later, 15– 17 cc. All this wealth of lyrics Expanded Truth It is combined into three types (in source studies - outdated): Synodal-Trinity , Pushkin-Archeographic and Karamzinsky... Common to all types (or versions) is the unification of the text Brief Truth with the norms of the princely legislation of Svyatopolk Izyaslavich, who ruled Kiev from 1093 to 1113, as well as the Charter Vladimir Monomakh 1113 (the charter determined the amount of interest charged on contractual loans). By volume The Vast Truth almost five times more Brief(121 articles with additions). Articles 1-52 are referred to as Yaroslav's court, Articles 53-121 - how Charter of Vladimir Monomakh... Norms Expanded Truth operated before the Tatar-Mongol yoke in Russia and in its first period.Some researchers (M.N. Tikhomirov, A.A. Zimin) believed that The Vast Truth was primarily a monument to the Novgorod civil legislation, and later its norms became all-Russian. The degree of "formality" Expanded Truth is unknown, as are the exact boundaries of the region covered by its rules.
The most controversial monument of Old Russian law is the so-called Abridged Truth- or third edition Russian Truth that arose in
15 in. It reached only two copies of the 17th century, placed in Feeding the book special composition. This edition is believed to have originated as an abbreviation of the text Expanded Truth(hence the name), was compiled in the Perm land and became known after its annexation to the Moscow principality. Other scholars do not exclude that this text was based on an earlier and unknown monument of the second half. 12 in. There is still debate among scholars regarding the dating of various editions. Truth, especially this third. 14 in. Russian Truth began to lose its significance as an effective source of law. The meaning of many terms used in it became incomprehensible to scribes and editors, which led to distortions of the text. First 15 in. Russian Truth have ceased to be included in legal collections, which indicates the loss of its legal force by the norms. At the same time, its text began to be inscribed in the annalistic vaults - it became history. Text Russian Truth(different editions) formed the basis of many legal sources - Novgorod and Smolensk with Riga and the Gotha coast (by the Germans) of the 13th century, Novgorod and Letters of judgment , Lithuanian Statute 16 in., Code of Law Casimir 1468 and finally the all-Russian code of norms of the era of Ivan III Code of Law 1497. Brief Truth was first discovered by V.N. Tatishchev in 1738 and published by A.L. Schletser in 1767. The Vast Truth first published by IN Boltin in 1792. In the 19th century. over True outstanding Russian lawyers and historians worked - I.D. Evers, N.V. Kalachev, V.Sergeevich, L.K. Goetz, V.O. Klyuchevsky, who analyzed the time and reasons for the creation of individual parts and editions Russian Truth, the relationship between the lists, the essence of the legal norms reflected in them, their origins in Byzantine and Roman law. In Soviet historiography, the main attention was paid to the "class essence" of the source under consideration (the works of B.D. Grekov, S.V. Yushkov, M.N. Tikhomirov, I.I.Smirnov, L.V. Cherepnin, A.A. Zimin ) - that is, to study using Russian Truth social relations and class struggle in Kievan Rus. Soviet historians emphasized that Russian Truth cemented social inequality. Comprehensively defending the interests of the ruling class, she openly proclaimed the lack of rights of unfree workers - slaves, servants (for example, the life of a slave was estimated 16 times lower than the life of a free “husband”: 5 hryvnia against 80). According to the findings of Soviet historiography, Russian Truth argued the incompleteness of women both in property and in the private sphere, however, modern research shows that this is not the case (N.L. Pushkareva). In Soviet times, it was customary to talk about Russian Truth as a single source that had three editions. This corresponded to the general ideological attitude towards the existence in ancient Russia of a single legal code, just as the Old Russian state itself was considered as the "cradle" of three East Slavic peoples. Currently, Russian researchers (I. N. Danilevsky,A.G. Golikov) often talk about Brief , Spacious and Abridged Truth as independent monuments that are of great importance for the study of various parts of the state of Rus, similar to the general Russian and local chronicles.All texts of Russkaya Pravda have been published several times. There is a complete academic edition of it according to all known lists.
Lev Pushkarev, Natalia Pushkareva
ATTACHMENTRUSSIAN TRUTH IN A BRIEF EDITION
RUSSIAN LAW
1. If a person kills a person, then the brother takes revenge for the (murder) of the brother, the son for the father or the cousin, or the nephew from the sister's side; if there is no one who would take revenge, put 40 hryvnia for the killed; if (killed) is a Rusyn, Gridin, merchant, sneak, swordsman, or an outcast and Slovenian, then put 40 hryvnia for him.
2. If someone is beaten to the point of bleeding or bruising, then do not look for witnesses for this person; if there are no traces (beatings) on it, then let the witnesses come; if he cannot (bring witnesses), then the case is over; if he cannot take revenge for himself, then let him take from the guilty person 3 hryvnia of remuneration to the victim, and even a fee to the doctor.
3. If someone strikes whom with a batog, a pole, a metacarpal, a cup, a horn or a sword flat, then (pay) 12 hryvnias; if he is not overtaken, then he pays, and this is the end of the matter.
4. If (someone) strikes with a sword without removing it (from its scabbard), or with a hilt, then (pay) 12 hryvnia of remuneration to the victim.
5. If (someone) strikes (with a sword) on the hand and the hand falls off or dries up, then (pay) 40 hryvnia.
6. If the leg remains intact, (but) if it begins to limp, then let the household members of the (wounded) humble (the guilty).
7. If (someone) cuts off (someone) any finger, then (pay) 3 hryvnia remuneration to the victim.
8. And for a (pulled out) mustache (pay) 12 hryvnia, and for a clump of beard - 12 hryvnia.
9. If someone draws a sword, but does not strike (with it), then he will put the hryvnia.
10. If a person shoves a person away from himself or towards himself, then (pay) 3 hryvnia, if he puts up two witnesses; but if (beaten) is a Varangian or a kolbyag, then (let him) go to the oath.
11. If the servant hides with a Varangian or a kolbyag, and within three days they will not return him (to the former master), then recognizing him on the third day, to him (that is, to the former master)
to take his servant, and (to the concealer to pay) 3 hryvnia remuneration to the victim.12. If someone rides someone else's horse, without asking, then pay 3 hryvnia.
13. If someone takes someone else's horse, weapon or clothing, and (the owner) recognizes (them) in his world, then let him take his own, and (to the thief pay) 3 hryvnia remuneration to the victim.
14. If someone identifies (someone else has his thing), then he cannot take it, saying (at the same time)
"Mine" ; but let him say:« Go to the vault (find out) where you got her» ; if (he) does not go, then let (put out) the guarantor (that will appear on the vault) no later than five days.15. If somewhere (who) demands the rest from someone, and he begins to lock himself up, then go to him (with the defendant) to the vault in front of 12 people; and if it turns out that he maliciously did not give (the subject of the claim), then (for the sought thing) one should (pay) him (i.e. the victim) in money and (moreover) 3 hryvnias of remuneration to the victim.
16. If someone, having identified his (missing) servant, wants to take him, then take (him) to the one from whom he was bought, and he goes to the second (reseller), and when they reach the third, then let him say to him:
« Give me your servant, and look for your money in front of a witness» .17. If the slave hits a free person and runs away to the mansion, and the master does not want to betray him, then the master of the slave will take for himself and pay 12 hryvnias for him; and after that, if a man beaten by him finds a slave somewhere, let him kill him.
18. And if (someone) breaks a spear, shield or (spoils) clothes and wants to keep them, then (the owner) receive (for this compensation) money; if, having broken something, he tries to return the (broken) one, then pay him in money, how much (the owner) gave when buying this thing.
The law established for the Russian land, when Izyaslav, Vsevolod, Svyatoslav, Kosnyachko Pereneg (?), Nikifor of Kiev, Chudin Mikula gathered.
19. If the butler is killed in revenge for the (inflicted) offense, then the murderer will pay 80 hryvnia for him, and people (do not need to pay): but (for the murder) of the prince's driveway (pay) 80 hryvnia.
20. And if the butler is killed in robbery, and the murderer (people) will not be looked for, then the worm pays the worm in which the corpse of the murdered is found.
21. If they kill the butler (for stealing) in the house or (for stealing) a horse or stealing a cow, then let them kill
(him) like a dog. The same regulation (applies) and in the murder of a tiun.22. And for the (killed) princely tiun (pay) 80 hryvnia.
23. And for (the murder) of the senior equestrian with the herd (pay) 80 hryvnia, as Izyaslav decreed when the darlings killed his groom.
24. And for the murder of the (princely) headman, who was in charge of villages or arable land, (pay) 12 hryvnia.
25. And for the (murder) of the princely ryadovich (pay) 5 hryvnia.
26. And for (murder) a smerd or for (murder) a slave (pay) 5 hryvnia.
27. If (killed) a slave-nurse or uncle-educator, (then pay) 12 (hryvnia).
28. And for a prince's horse, if he (to pay) 3 hryvnias with a brand, and 2 hryvnias for a stinker, 60 rezans for a mare, and a hryvnia for an ox, 40 rezans for a cow, and 15 kunas for a three-year old , for a two-year-old - half a hryvnia, for a calf - 5 cut, for a lamb - a leg, for a ram - a leg.
29. And if (someone) takes someone else's slave or slave, (then) he pays 12 hryvnia of remuneration to the victim.
30. If a man beaten to the point of bleeding or bruising comes, then do not look for witnesses for him.
31. And if (someone) steals a horse or oxen or (steals) a house, but at the same time he stole them alone, then pay him a hryvnia (33 hryvnia) and thirty rezan; if there are 18 thieves (? even 10), then (to pay each) three hryvnias and 30 rezan to pay people (? princely).
32. And if they set fire to the princely border or pull out (from it) the bees, (then pay) 3 hryvnia.
33. If, without a princely order, they torture the smerd, (then pay) 3 hryvnia for the offense; and for (torture) a fireman, a tiun and a swordsman - 12 hryvnia
. 34. And if (someone) plows the border or destroys the boundary mark on the tree, then (pay) 12 hryvnia remuneration to the victim.35. And if (someone) steals a rook, then pay 30 rezans for the rook, and 60 rezans for a fine.
36. And for a pigeon and for a chicken (pay) 9 kunas, and for a duck, for a crane and for a swan - 30 cut; and a fine of 60 rezan.
37. And if someone else's dog, hawk or falcon is stolen, then (pay) remuneration to the victim of 3 hryvnia.
38. If they kill a thief in their yard or in the house or at the bread, then so be it; if you held (him) before
dawn, then take him to the prince's court; and if (he) is killed and people saw (him) bound, then pay for him.39. If hay is stolen, then (pay) 9 kuna; and 9 kn for firewood.
40. If they steal a sheep, a goat or a pig, moreover, 10 (people) have stolen one sheep, then let them put 60 rezan fine (each); and to the detainee (the thief to pay) 10 rezan.
41. And from the hryvnia to the swordsman (it is supposed) kuna, and in the tithe 15 kunas, and to the prince 3 hryvnias; and out of 12 hryvnias - 70 kunas for the thief, and 2 hryvnias for tithes, and 10 hryvnias for the prince.
42. And here is the regulation for the virnik; Virnik (should) take 7 buckets of malt per week, as well as a ram or half a carcass of meat or two legs; and on Wednesday cuts or cheeses; also on Friday, and how much bread and millet (take) how much they can eat; and chickens (take) two a day; put 4 horses and feed them to their fill; and to the virnik (to pay) 60 (? 8) hryvnia, 10 rezan and 12 veverin; and at the entrance of the hryvnia; if it is required during the fast (to him) of fish, then take 7 rezan for the fish; total of all money 15 kuna; and how much bread (to give)
can eat; let the virniks collect the virus within a week. This is the order of Yaroslav.43. And here are the taxes (established for) the builders of bridges; if a bridge is built, then take the leg to work and from each span of the bridge; if several planks of the old bridge were repaired - 3, 4 or 5, then take the same amount.
Monuments of Russian law. Issue one. M., 1952, pp. 81–85 LITERATURERussian truth, vols. 1–2. Ed. B.D. Grekov. M. - L., 1940
Yushkov S.V. Russian Truth: Origin, sources, its meaning... M., 1950
Monuments of Russian law. Issue one. M., 1952
Tikhomirov M.N. A guide for studying Russian truth... M., 1953
Shchapov Ya.N. Princely Charters and the Church in Ancient Russia
X-XIV centuries. M., 1972
Sverdlov M.B. From
«
Russian Law "
to "
Russian Truth ". M., 1988
Pushkareva N.L. Women of Ancient Russia... M., 1989
Krasnov Yu.K. History of the state and law of Russia, part 1.M., 1997
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Ministry of Education and Science of the Russian Federation
Federal State Budgetary Educational Institution of Higher Professional Education
Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletovs (VlSU)
Department "History, Archeology and Local Lore"
By discipline: "History"
On the theme: "" Russian truth ” - first vault laws Old Russian states"
Performed:
Student of the group TR-213
Trostina V.A.
Accepted by: Associate Professor of the Department of History and Local Lore
Kirillova L.V.
Table of contents
- Introduction
- Conclusion
- Bibliography
Introduction
The first Old Russian code of laws was Russkaya Pravda, which was in effect from the 11th to the 15th centuries. The increased attention of researchers to this set of laws is explained by the fact that it was compiled over a century and a half, reflecting and fixing in its norms the evolution of ancient Russian society.
The first legal source "Russkaya Pravda" served as the basis for the creation of subsequent legal documents of the Russian state. Without knowledge of the initial period of the formation of the state and law, it will be significantly difficult to study the subsequent periods of the development of the national state and law.
Russkaya Pravda is also important in that it creates the basis of legal knowledge, immediately giving an opportunity to understand the basic institutions of civil, criminal, procedural law. It is necessary to be able to compare the next laws with the Russian Pravda, thereby tracing the development of legislation and legal institutions.
In addition, the provisions of Pravda, a set of customs, judicial regulations, terminology help to present the legal and economic foundations of life in Kievan Rus. The long period of use of Russkaya Pravda testifies to the fact that a collection of Russian law, modern in content, was created. That is why the topic of the work is relevant.
The theoretical aspects of Russkaya Pravda as a legislative act of Ancient Rus have been studied by a wide range of Russian historians. A great contribution to the study of the legislative acts of Ancient Russia was made by V.N. Gribovsky, I.N. Danilevsky, N.M. Karamzin, V.O. Klyuchevsky, B.A. Rybakov, N.S. Suvorov, I. Ya Froyanov, S.V. Yushkov.
The purpose of the abstract is to consider the features, content and specifics of Russian Pravda.
At the moment, our historical literature is dominated by the conviction that the private legal life of ancient Russia was most fully and truly reflected in the oldest monument of Russian law - in Russian Pravda. As far as my knowledge of the material under study allows me, I completely agree with this statement, because in Russkaya Pravda almost all branches of the law of that time are covered. This document talks in sufficient detail about the contracts that existed at that time: sale and purchase (of people, things, horses, as well as self-sale), a loan (money, things), lending (with or without interest), personal employment (for service, for performing certain work); it clearly regulates the legal status of certain groups of the population (dependent and independent), fixes the main features of private law. But the most extensive and more detailed section of the other set out is the section devoted to crime and punishment, as well as the trial in Ancient Russia.
Main editions of Russkaya Pravda
More than 100 copies of Russkaya Pravda have survived to this day. All of them fall into 3 main editions: Short, Extensive and Abbreviated. The oldest edition (prepared no later than 1054) is the Brief Truth, consisting of Yaroslav's Pravda, Yaroslavich's Pravda, Virny's Pokon, Mostnikov's Lesson. The extensive edition appeared no earlier than 1113 and is associated with the name of Vladimir Monomakh. It is divided into the Court of Yaroslav and the Charter of Vladimir Monomakh. An abridged edition appears in the middle of the 15th century from a revised Extensive edition.
The emergence of Russian Truth and its sources
In our literature on the history of the Russian state and law, there is no consensus about the origin of the Russian Truth. Some consider it not an official document, not a true monument of legislation, but a private legal collection compiled by some ancient Russian lawyer or a group of lawyers for their own purposes. Others consider Russkaya Pravda an official document, a genuine work of the Russian legislative power, only spoiled by scribes, as a result of which many different lists of Pravda have appeared, which differ in the number, order, and even the text of the articles.
It is indisputable that, like any other legal act, Russkaya Pravda could not have arisen from scratch, without having a foundation in the form of sources of law. It remains for us to list and analyze these sources, to assess their contribution to the creation of Russian Truth.
The sources of codification are customary law and princely jurisprudence. The rules of customary law include, first of all, the provisions on blood feud and mutual responsibility. The legislator shows a different attitude to these customs: he seeks to limit blood feud (narrowing the circle of avengers) or to abolish it altogether, replacing it with a monetary fine - vira; in contrast to blood feud, mutual responsibility is preserved as a measure that binds all members of the community to responsibility for their member who has committed a crime (“wild virginity” was imposed on the entire community).
Another source of Russkaya Pravda was the Russian Law (norms of criminal, inheritance, family, procedural law). Until now, disputes about its essence do not stop. In the history of Russian law, there is no consensus about this document. It is known that it is partially reflected in the treaties of Russia with the Greeks in 911 and 944 and in the Russian Truth. For example, in the 911 contract it is written: "If you strike with a sword or strike with a katz or a vessel, for that stress or beating yes, give 5 liters of silver according to the Rusky law."
References of treaties to the law of the young Russian state, used as a source of law, became the topic of a lively discussion in the historical and legal literature. So, for example, supporters of the Norman theory of the origin of the Old Russian state considered the Russian Law to be Scandinavian law. IN. Klyuchevsky believed that the Russian Law was a "legal custom", and as a source of Russian Pravda it was "not the primitive legal custom of the Eastern Slavs, but the law of urban Russia, formed from rather diverse elements in the 9th-11th centuries." Course of Russian history. LECTURE XIII. Vasily Klyuchevsky. According to V.V. Mavrodin, the Russian Law was a common law that was created in Russia over the centuries. L.V. Cherepnin suggested that between 882 and 911 a princely legal code was created, which was necessary for the implementation of princely policy in the annexed Slavic and non-Slavic lands. In his opinion, the code reflected the relationship of social inequality. This was "the right of an early feudal society, which was at a lower stage in the process of feudalization than the one at which the Most Ancient Truth arose." A. Zimin also admitted the folding of early feudal law in the late 9th - early 10th centuries. He believed that under Oleg there was still customary law, and under Igor, princely laws appeared - "statutes", "pokons", which introduced monetary punishment for violation of property rights and mutilation, limited blood feud, replaced it in some cases with monetary compensation. began to use the institutions of witnesses-vidoks, vault, duels, oath. These norms were later included in the Brief Truth. Although some of A.A. Zimin and L.V. Tcherepnins remain controversial (about the development of early feudal Old Russian law in the 9th-10th centuries from legal custom and customary law), their observations prove that Russian Truth is not just a record of the customary law of a separate tribe. Not being a supporter of the Norman theory of the origin of the Old Russian state, I support the point of view of A.A. Zimin. In the second half of the 9th century, in the middle Dnieper region, the Slavic tribes, similar in composition and social nature, were unified into the Russian Law, whose jurisdiction extended to the territory of the state formation of the Slavs with the center in Kiev. Russian law represents a qualitatively new stage in the development of Russian oral law in the conditions of the existence of the state. Also in the Russian Pravda there are numerous norms developed by the prince's judicial practice.
In 988, during the reign of Prince Vladimir in Kiev, the so-called. "Baptism of Russia". The process of the transition of Russia to a new faith proceeds gradually, encountering certain difficulties associated with the breakdown of the old, established worldview and the unwillingness of part of the population to convert to the new faith.
At the end of the 10th - beginning of the 11th century, along with the new religion, new legislative acts, mainly Byzantine and South Slavic, came to pagan Russia, containing the fundamental foundations of church - Byzantine law, which later became one of the sources of Russian Truth. In the process of strengthening the positions of Christianity and its spread on the territory of Kievan Rus, a number of Byzantine legal documents - nomokanons, i.e. associations of canonical collections of church rules of the Christian church and decrees of the Roman and Byzantine emperors about the church. The most famous of them are:
a) Nomokanon of John Scholasticus, written in the 6th century and containing the most important church rules, divided into 50 titles, and a collection of secular laws of 87 chapters;
b) Nomokanon 14 titles;
c) Eclogue, published in 741 by the Byzantine emperor Leo Iosovryanin and his son Constantine, dedicated to civil law (16 titles out of 18) and mainly regulated feudal land tenure;
d) Prochiron, published at the end of the VIII century by the emperor Constantine, called in Russia the Gradsky Law or the Manual Book of Laws;
e) Judgment Law by Man, created by the Bulgarian Tsar Simeon.
Over time, these ecclesiastical legal documents, which were called the Pilot Books in Russia, took on the force of full-fledged legislative acts, and soon after their proliferation, the institution of church courts began to take root, existing along with the princely ones.
Since the adoption of Christianity, the Russian Church has been granted dual jurisdiction. First, she judged all Christians, both clergy and laity, on certain matters of a spiritual and moral nature. Such a court was to be carried out on the basis of the nomokanon brought from Byzantium and on the basis of church statutes issued by the first Christian princes of Russia. The second function of ecclesiastical courts was the right to judge Christians (clergy and laity) in all matters: ecclesiastical and non-ecclesiastical, civil and criminal. The ecclesiastical court for non-ecclesiastical civil and criminal cases, which extended only to church people, was to be carried out according to local law and aroused the need for a written code of local laws, which was the Russian Truth.
I would single out two reasons for the need to create such a set of laws:
1) The first church judges in Russia were the Greeks and South Slavs, who were not familiar with Russian legal customs.
2) In Russian legal customs there were many norms of pagan customary law, which often did not correspond to the new Christian morality, so the church courts tried, if not completely to eliminate, then at least try to soften some of the customs that most opposed the moral and legal sense of Christian judges brought up in Byzantine right.
It was these reasons that prompted the legislator to create the document I am studying.
I believe that the creation of a written code of laws is directly related to the adoption of Christianity and the introduction of the institution of church courts. Indeed, earlier, until the middle of the 11th century, the princely judge did not need a written code of laws, since the ancient legal customs were still strong, by which the prince and the princely judges were guided in judicial practice. The adversarial process (direct) also prevailed, in which the litigants actually controlled the process. And finally, the prince, possessing legislative power, could, if necessary, fill in legal gaps or resolve the judge's casual bewilderment.
Also, to make the assertion that the creation of Russian Truth was influenced by the monuments of Byzantine law, the following examples can be cited to make the assertion more convincing:
Russkaya Pravda is silent about the legal battles that undoubtedly took place in the Russian legal proceedings of the 11th - 12th centuries, which were already established in the "Russian Law". Also, many other phenomena that took place, but contradicted the Church, or actions that fell under the jurisdiction of church courts, but based not on Russian Truth, but on the basis of church legal provisions (for example, insult by word, insulting women and children, etc.) are also hushed up and ignored.
Comparing Russian Pravda with the monuments of Byzantine ecclesiastical law, summarizing the above observations, I came to the conclusion that the text of Russkaya Pravda was formed in the environment not of a princely, but of an ecclesiastical court, in an environment of ecclesiastical jurisdiction, the goals of which were guided in his work by the compiler of this monument of law.
Crime and punishment according to Russian Truth
The modern science of criminal law under the term "crime" means a socially dangerous act provided for by the criminal law, committed guilty (ie with intent or negligence) by a sane person who has reached the age of criminal responsibility. And what was meant by this term in the distant period of the creation of Russian Truth?
With the introduction of Christianity in Russia, under the influence of a new morality, the pagan concepts of crime and punishment were replaced. In the sphere of criminal law of Ancient Rus, the private nature of the ancient Christian-Byzantine legal norms based on Roman private law is manifested. This replacement is most clearly expressed in the princely statutes and in the Russian Pravda, where any crime was defined not as a violation of the law or the prince's will, but as an "offense", that is, causing material, physical or moral harm to any person or group of persons. For this offense, the perpetrator had to pay some compensation. Thus, the criminal offense did not differ in the law from the civil one.
Russian truth code of law
The replacement of pagan concepts of crime and punishment with new concepts is especially clearly expressed in the legislation determining the punishment for murder and in the gradual transformation of the institution of blood feud.
So, for example, under the agreement with the Greeks in 911, everyone could kill a murderer at the crime scene with impunity. The treaty of 945 gives the murderer's right to life to the relatives of the murdered, regardless of the degree of kinship. Russkaya Pravda, in turn, limits the circle of avengers to two degrees of the closest relatives of the victim (father, son, brothers, nephews). And, finally, "Pravda Yaroslavichi" completely excludes blood feud from its composition, forbidding anyone to kill the murderer, allowing the relatives of the murdered person to enjoy certain monetary compensation from the murderer. Thus, the state's right to the person and property of the offender is expanded.
In the literature, there is a lot of controversy about the legal basis of blood feud. Was it a pre-trial or post-trial punishment? Russkaya Pravda does not give a direct answer to this question. Historically, blood feud has developed as the duty of the family of the victim to deal with the offender. But the process of feudalization of the Old Russian state, an increase in the role of the prince and the princely court made significant changes in the application of the custom of blood feud. For some time, the princely court coexisted with the communal one, but gradually, thanks to the strengthening of feudal relations, the princely court took a leading position, pushing the communal court into the background.
Thus, it becomes possible for the prince to intervene in the custom of blood feud, and the murderer has the opportunity to redeem himself through the prince's mediation (although, no doubt, he could have negotiated with the relatives of the murdered person before). At this time, a special category of persons cut off from their community (merchants, outcasts), as well as numerous princely warriors and servants (gridni, yabetniks, swordsmen, firemen, etc.) Having broken with the community for various reasons, they lost their protector. Now the prince was to become their new protector, so they were interested in strengthening the princely power. In turn, restraining the lynching of the community, the prince introduced his own measure of punishment - vira, i.e. a fine of 40 hryvnia, paid for the murder to the prince's treasury.
Also, the Russian Pravda knows the institute of wild or indiscriminate vira (in the amount of 80 hryvnia), imposed for the murder of princely servants. For example, in Art. Art. On 19, 22 and 23 of the Short Pravda, a fine of 80 hryvnias is mentioned for the murder of a fireman, a princely tyun or a groom.
Undoubtedly, the ancient custom of blood vengeance did not suit either the prince, who was interested in weakening the communal courts that hindered the centralization of power, or the Christian Church with its new standards of morality and ethics, but, being very widespread, it could not be eliminated immediately. Therefore, it can be assumed that the prince gives his sanction for blood feud, securing this provision in Art. Yaroslav's truth. Thus, blood feud in Russian Pravda has a pronounced transitional character from the direct reprisal of the clan to the punishment imposed and executed by the state. But it should be noted that blood feud is applied only in the case of the killing of a free person by a free person.
Only after the death of Yaroslav the Wise, "having gathered again, his sons Izyaslav, Svyatoslav, Vsevolod and their husbands Kosnyachko, Pereneg, Nikifor canceled the blood feud for the murder, and decided to redeem themselves with money."
Brief edition of Russian Pravda
As you know, Russkaya Pravda has 3 editions: Short, Extensive and Abbreviated and many lists. Therefore, in order to avoid unnecessary confusion, I will first analyze the norms of the Short Truth, and then move on to the Extensive edition.
The short version of Russkaya Pravda can be divided into two main parts: Pravda Yaroslav and Pravda Yaroslavichi. The first was compiled under Yaroslav the Wise, while the second was created after his death. If Yaroslav's Pravda deals mainly with such crimes as beatings, insult, self-harm, then Yaroslavich's Pravda is devoted mostly to the protection of feudal property and the life of the princely people. In addition, in the last articles of the Short Pravda, the amount and procedure for payments to the princely employees for the performance of their official duties are determined.
Revenge in Russkaya Pravda is mentioned not only in articles dealing with murder. So, for example, under Art. Brief Pravda, in case of beating a person to blood and bruises, the victim is given an alternative: either to take revenge, or take 3 hryvnia from the offender for the offense. Moreover, in this case, a witness is not even required. "If there is no sign on it, then let the vidocq come; if it cannot, then at that end." Thus, in this article we first encounter the concept of vidocq, i.e. a direct witness - an eyewitness to what is happening. Besides vidocq, Russkaya Pravda knows one more type of witness - hearsay, i.e. a person who can vouch for the innocence of the accused, defend his good name.
The articles of the Short Pravda read about the insult (a blow with a sword not removed from its scabbard and pulling out a beard and mustache). Both of these articles provide for a penalty of 12 hryvnia.
There are three main types of self-harm: injury to the arm, leg, and finger. The removal of a hand, as well as the deprivation of the opportunity to use it, in ancient Russian law was equated with death, therefore, for this insult, a punishment was imposed, which was equal to the punishment for murder, i.e. a fine of 40 hryvnia was imposed. Also, blood feud could be used as a punishment for this crime. But unlike other articles, which provided for blood feud as a form of punishment, in the event of injury, relatives of the victim could take revenge, tk. he himself was not able to.
Being a legal monument of the feudal state with all its inherent characteristics, Russkaya Pravda in its articles clearly delineates the legal status of various groups of the population.
The article of the Brief Pravda says: "If they kill a fireman for an insult, then the murderer will pay 80 hryvnias for him, but people do not need to; and for the prince's driveway - 80 hryvnias." Most likely, the words "murder for offense" are understood as murder in response to the actions of the victim (as suggested by AI Sobolevsky). It can be assumed that we are talking about the murder of a prince's servant in the performance of his duties.
The next type of premeditated murder according to Russkaya Pravda was robbery. In Ancient Russia, it was considered the gravest crime. In the case of the murder of a fire-dweller, the duty to search for the offender was assigned to the worm (community), on the territory of which the murder was committed. If the killer was not caught, then the rope was obliged to pay the virus in the amount of 80 hryvnia.
A rather interesting rule is set out in Art. Brief Pravda, dedicated to the murder of a fire-dweller or a princely tyunian while protecting the prince's property ("by the cage, or by the horse, or by the herd, or by stealing a cow"). This article obliges on the spot to deal with the murderer ("kill in the dog's place"), which speaks of the especially dangerous nature of this crime and once again confirms the fact of enhanced protection of the prince's servants.
The life of the prince's tiun and the senior groom is estimated at 80 hryvnia, the life of a village headman, plowman, a slave-nurse or her child - at 12 hryvnia, and the lives of rank-and-file servants, smerds and slaves are valued below all - only 5 hryvnia.
Not only the princely servants enjoyed special protection, but also his property. So, Art. Brief Pravda sets the size of fines for the abduction or extermination of the prince's cattle. The same article also mentions the smerd's horse. Immediately striking is the different amount of the fine for the theft of the prince's horse and smerd. In my opinion, this difference is not caused by the different use of these horses (that is, the prince's horse is fighting, and the peasant's is a worker), but simply the law puts the prince's property under greater protection in comparison with the property of the smerd.
A number of articles of the KP (Articles 31, 32, 35-37, 39, 40) deal with various cases of theft. In the monument of law I am studying, a significant place is given to theft, the system of punishments for it has been developed in sufficient detail, which indicates the widespread occurrence of this antisocial phenomenon at that distant time.
It should be noted that Russkaya Pravda provides for more severe punishment in the event of a crime committed by a group of persons, i.e. the concept of complicity is already known. Regardless of the number of criminals, each of them had to pay an increased fine compared to the fine imposed for theft committed alone.
It is interesting that the term "sale" appeared in Kratka Pravda - a fine established by law, levied in favor of the prince as a state body, i.e. going to the treasury. In addition to the sale, a penalty "for the offense" is established in favor of the victim, which can be compared with the compensation for harm that exists in modern legislation.
Speaking about the various groups of the population mentioned in the Russian Pravda, it should be clarified that the slave was not at all a subject of law, that is, being a personally dependent person, he was not personally responsible for his actions. For the crime he committed, his master was to be held accountable. The life of a slave was valued less than the life of other members of society, and the size of the fine for his withdrawal, i.e. abduction (12 hryvnias under the article of Kratkaya Pravda), significantly exceeded the fine for his murder (5 hryvnias under the article of Kratkaya Pravda).
Extensive edition of Russkaya Pravda
Undoubtedly, the Brief Edition of Russian Pravda sets out the basic norms of the law of that time, which later became part of the so-called. The Expanded Truth. The last edition of the Extensive Pravda falls on the great reign of Vladimir Monomakh (1113 - 1125) and his son Mstislav the Great (1125 - 1132). At this time, the socio-economic development of the country reached a fairly high level, but Russia was already on the verge of feudal fragmentation. The Vast Truth was born as a result of codification and careful editing of individual statutes and princely statutes. At the heart of the Expanded Truth is the set of laws of Yaroslav the Wise - "The Court of Yaroslavl Vladimirovich". Undoubtedly, Extensive Truth is a unique monument of Old Russian law. Historians have proved that the text of the Short Pravda is almost entirely the source of the Extensive Edition of Russian Pravda. Consequently, the content of the Expanded Truth as a source of law is most deeply revealed when analyzing its composition and identifying the principles of using the norms of the Short Truth in it. The compilers of Extensive Pravda have retained the titles of the previous legal collection - "Pravda Rosskaya" and "Court of Yaroslavl Volodymerich". The last heading "The Court of Yaroslavl Volodymerich" is not only a reference to antiquity, but also a direct reference to the code of laws used as a source. And the title "Pravda Rosskaya", compiled in 1015-1016 for Novgorod, acquired a slightly different meaning - it emphasized the importance of the new set of secular law as the main source throughout the territory of the Old Russian state. The legislators who made up the Expanded Truth did a great job of codifying and systematizing the previous laws, complementing them and partially changing them, which testified to the further political and socio-economic development of Ancient Russia and the more active influence of the state on law.
Crime and Punishment according to the Extensive Edition of Russian Pravda in comparison with the Short Edition.
As in Art. Brief Pravda, in Art. The Vast Truth speaks of the murder of a free person. It combines the norms of Art. 19 and 22 of the Brief Truth. In this article, the institution of blood feud is still preserved, but the circle of avengers is changing. This replacement removes from the text of Pravda its most archaic element, dating back to the era of the maternal family. Also in this article it is said about 80 hryvnia for the murder of the prince's husband and tiun, which corresponds to the norms of Articles 22 and 23 of the Short Pravda. As for blood feud, in my opinion this article contains a norm that is essentially no longer valid, tk. blood feud was canceled even before the creation of the Expanded Truth. The next article of the Extensive Truth completely abolishes blood feud, leaving in force all other legal provisions of Yaroslav the Wise.
The first thematic section is devoted to the responsibility for the murder committed in the territory of the Vervi. In this section, we are faced with the institution of the wild vira. It was imposed on the entire community in the event that a corpse was found on the territory of the community, and the rope either did not want to betray the killer, or did not look for him. Vira entered the prince's treasury, and the relatives of the deceased were paid "headache", equal to vira. However, it should be noted that a society only pays for its member if he previously participated in massive payments for his neighbors. From all that has been said about the wild virgin, it can be concluded that it performed a pronounced police function, binding all members of the community with mutual responsibility.
I also want to note that the motives of the crimes are outlined in the text of the Extensive Truth. Thus, the Extensive Truth mentions a case of murder "at a feast explicitly", and Art. Brief Pravda - murder "by robbery without any quarrel". In the first case, it means unintentional, openly committed murder (and "at a feast" means also in a state of intoxication). In the second case - robbery, mercenary, premeditated murder (although in practice you can intentionally kill at a feast, but unintentionally in a robbery).
For such a murder in robbery, according to the law, the capital punishment could be imposed - "flood and plunder." The same punishment was applied for arson and horse stealing. This punishment included the confiscation of property and the extradition of the offender (along with the family) by the "head", i.e. into slavery.
Pokon virny completes a set of articles on levying vira from members of the wedge. Supplements the pokonvirny article of the Expanded Law, indicating deductions in favor of the virnik from 80 hryvnia vira. In addition, this article establishes the amount of payment "per head", i.e. relatives of the killed.
Article 17 begins the next section, establishing the rates of fines for the murder of representatives of various social groups associated with the princely (and partly with the boyar) economy, ranging from high-ranking tiuns to slaves. This section introduces the following kill penalty system:
§ ognischany, tiun, equestrian - 80 hryvnia;
§ princely lad, groom, cook - 40 hryvnia;
§ rural tiun, artisan, nurse - 12 hryvnia;
§ a slave - 6 hryvnia;
§ smerd, serf, ryadovich - 5 hryvnia.
Like other medieval Truths, the Expanded Truth knows the institution of the horde, i.e. t. n. "divine judgment". Article 22 of the Extensive Truth mentions the testing with iron and water of those persons who cannot find witnesses (rumors) to overthrow the slander. In this case, rumors are not witnesses of the crime, but witnesses of the good reputation of the accused, who can "bring the virus", ie. remove the charge from him.
The Vast Truth expands the corpus delicti in comparison with the Brief Pravda, including a blow with a pole in the category of beatings. In this case, there is a tendency towards a decrease in the number of crimes that fall under the classification of offensive acts. Now the Vikings and Kolbyags had to present the same number of witnesses as the Russians.
It should not be overlooked that when compiling the Extensive Pravda, the legislator not only used the norms of the Concise Pravda, but also preserved the composition of its articles when it was appropriate.
The Vast Truth allows, without any trial, to kill a night thief at the scene of a crime "in a dog's place", thereby duplicating the Short Truth. If the thief was kept until dawn, and people saw him tied up, then you cannot kill him, otherwise you will have to pay a fine of 12 hryvnia. If the thief was captured and his life was saved, then at dawn he should be transferred to the princely court.
The extensive edition of Russkaya Pravda introduces a new norm that was absent in the KP and reflects the strengthening of the protection of private property in consumer goods and means of production.
A more progressive rule in comparison with the Short Pravda is set out in Art. Expansive Truth. Its progressive nature lies in the fact that, unlike the articles of the Short Pravda, which tried to thoroughly list the objects of theft, this article allows the victim to return the property stolen from him without specifying the object of theft.
At the end of the cycle of articles on theft, Art. Spread Truth, which speaks of theft committed by a slave, i.e. a person who is personally dependent and does not bear personal responsibility to the prince for this reason (that is, he does not pay the "sale"). In this case, the responsibility rests with the owner, who is obliged to reimburse the victim for the double value of the stolen goods.
In the subsequent text of the Extensive edition of Russkaya Pravda, the principle of division into sections on a thematic basis is less clearly traced. It is mainly said about the law of obligations of Ancient Russia, and a very insignificant place is given to crimes and punishments.
Numerous historical facts allow us to assert that the customs business has existed in Russia for 1000 years. Suffice it to say that myt was also collected in Kievan Rus. In the next, specific (XII - XV centuries) period of Russian statehood, the content of customs activities became more predictable, coupled with the economic interests of large land owners. New types of customs payments have appeared. Since the beginning of the XIII century. their collection was carried out not only from a certain amount, but also depending on the value of the weighed products (when determining the "weighty fee").
History has not preserved for us documentary evidence of the time of the emergence of customs tax on the territory of Russia. In the treaty of Oleg with Byzantium, customs customs and benefits are mentioned as long-standing phenomena in life.
This agreement provided for the exemption of Russian merchants in Byzantium from paying myt: “Yes, I will buy, as if they need it, without paying myt for anything.” This condition confirms the ancient Slavic custom of collecting a trade fee (myt or washed) for transporting goods through outposts, the use of a place set aside for bargaining, "and perhaps for the observance of order during the trade."
In the 5th - 4th centuries BC, customs procedures existed in the cities of the Black Sea region; knew about them in the Scythian state, which traded and fought with Olbia, Chersonesos and other cities. For a long time, as a rule of customary law among Russians, there was a rule to levy myt or myto. Was washed "dry" - when transporting goods by land and washed "water" - when carried by water. It is to these concepts that the words "mytnik" or "mytchik", the collector of duties, which are preserved in the Slavic languages, go back to, "mytnitsa" or "mitnitsa" - the place of collecting myt.
Financial fees and customs were an integral part of the general policy of the Kiev state. The well-known monument of law "Russkaya Pravda" protects the interests of merchants in the protection of their property. , or one mytnik who could, under oath, confirm the fact of buying a thing at the auction (Article 37 of the Extensive edition of Russkaya Pravda).
In the XI-XII centuries, trade and craft centers - cities, grew rapidly, the city nobility - boyars, grew richer, the authority of merchants and collectors of duties grew. This is how the outstanding Russian historian S.M. Soloviev: "Trade in the described time was the main means of accumulating wealth in Russia, for we do not find more news about profitable campaigns to Greece or the East, about the plundering of rich cities and peoples" Soloviev SM Works. Book II. "History of Russia with ancient times ”. Volume 3.
Gradually, the unity of Kievan Rus in the 11th century began to be destroyed by local princes, who considered their possessions as hereditary estates and refused to obey the Kiev prince. In the 12th - early 13th centuries, the state actually disintegrated into separate lands, and their owners - feudal lords on their territories began to invent their own systems of customs duties, subordinated to the goals of personal enrichment. At this time, duties were applied, which were usually called traffic and trade.
During the Mongol-Tatar yoke, the word "tamga" appeared in Russian, meaning the brand, seal, brand of Tatars and Bashkirs. Soon they began to call tamga the duty levied on trade in markets and fairs, and the place of its payment - by customs. the name of customs was fixed on the goods intended for sale, but “these were not customs duties in the real sense of the word. They lacked one thing - a borderline character. They were charged everywhere, anywhere: everywhere there were outposts - in cities, villages and settlements, in markets and at the gates ”. Some of these fees, called "big tamga", were paid at the border. However, for a long time, these fees did not differ from other customs fees either in size or in the order of collection. Only from the second half of the 16th century they began to be distinguished from internal duties and recorded in separate books.
Customs fees that existed in Russia were divided into traffic and trade. Initially, they were levied on a known quantity of goods - from the cart, measures without taking into account the value of the taxable object. Subsequently, when determining their size, they began to pay attention to the value of the property being sold.
The main carriageway duty was washed: from one to three money (i.e. 0.5 - 1.5 kopecks) from the cart; depending on the size of the cart in the fathoms, a variety of myt appeared - planted; from the people accompanying the goods, the head was collected; when crossing the bridge, bridge was collected (from two to four money from a cart with a horse), etc.
Trade duties included zamyt, equal to one money per ruble of the value of the goods, giving the right to trade in these goods; granary - for hiring a barn for goods in the Gostiny Dvor; kontarnoe - for weighing large amounts of salt on the contour; attendance - collection from a merchant one at a time - three money for the appearance of goods at the outpost; horn and attachment duties - for tying livestock at auctions; uzoltsovoe - for tying goods with customs stamps attached as a guarantee of their sale only in places where washing signs are installed, etc.
One and the same product was subject to several types of fees, which were levied independently of each other. Some fees, for example, Mostovschina, may have been levied on the sale object more than once.
The period of fragmentation of the Russian state was characterized by the successful development of trade ties, especially with Western countries. In the so-called free cities - Novgorod, Pskov, Smolensk and others - foreign goods were imported without paying duties and observing customs rituals. The issues of customs taxation at that time were regulated mainly by bilateral treaties between individual principalities and cities (the agreement of Smolensk with Riga and Gotland in 1229, the treaty of Novgorod with the prince of Tver Yaroslav, etc.).
The unification of the Russian lands around Moscow, the formation of a centralized state was accompanied by the development and implementation of a unified trade and customs policy on its territory.
The geographical position of Moscow, making it a point of intersection of two crossing movements, resettlement to the northeast and trade and transit to the southeast, brought important economic benefits to the Moscow prince. The density of the population in its lot increased the number of payers of direct taxes. The development of the trade transit movement along the Moscow River revived the industry of the region, involved it in this trade movement and enriched the treasury of the local prince with trade duties.
The main source of customs law is the statutory letters issued by the grand dukes, which were addressed to individual cities and contained information about the fees to be collected, their amount, the procedure for payment, and sanctions for evading customs tax. Monasteries, clergy, people who rendered services to the state were exempted from paying duties by special tarkhan letters. During the period under review, customs duties were exclusively of a fiscal nature. Often their collection was outsourced. All the attention of the state authorities in setting duties was focused on the subject of trade.
Conclusion
Undoubtedly, Russkaya Pravda is the most unique monument of Old Russian law. Being the first written code of laws, it nevertheless quite fully covers a very broad sphere of the relations of that time. It is a set of developed feudal law, which reflects the norms of criminal and civil law and procedure.
Russkaya Pravda is an official act. Its text itself contains indications of the princes who adopted or changed the law (Yaroslav the Wise, Yaroslavichi, Vladimir Monomakh).
Russkaya Pravda is a monument of feudal law. It comprehensively protects the interests of the ruling class and openly proclaims the lack of rights of unfree workers - slaves, servants. Russkaya Pravda met the needs of the princely courts so well that it was included in legal collections up to the 15th century. Lists of PP were actively disseminated as early as the 15th-16th centuries. And only in 1497 was the Code of Law of Ivan III Vasilyevich published, replacing the PP as the main source of law in the territories united as part of the centralized Russian state.
Bibliography
1. Grekov B.D. Kievan Rus. M., 1953, p. 225.
2. Grushevsky M.S. History of the Kiev land. p.301.
3. Grushevsky M.S. History of Ukraine-Rus in 11v.21kn., Naukova Dumka, K, 1991, v.1 648s., V.2, 633s., V.3, 586s.
4. Droyanov I.Ya. Kievan Rus: Essays on Socio-Economic History, Leningrad, 1974, pp. 62-65.
5. Dumin S.V., Turilov A.A. "Where did the Russian land come from" // History of the Fatherland: people, ideas, solutions: Essays on the history of Russia in the 9th - early 20th centuries. M., 1991.
6. Zimin A.A. Serfs in Russia. M., 1973, p.84-115
7. Zuikov V.V. "A manual on the history of the Fatherland", M., 1994. page 14
8. History of political and legal doctrines, ed. Nersesyantsa V.S., Infra-m, M, 1996, 728s.
9. Klyuchevsky V.O. "The course of Russian history: part I", M., 1987.
10. Pokrovsky. S.A. The social structure of the Old Russian state. - In the book: Proceedings of VYUZI M., 1970, Volume XIV p. 71
11. Russian Truth (ed., B. D, Grekov), M., 1947. T.11. P.378, 385;
12. Rybakov B.A. Kievan Rus and Russian principalities XII-XII centuries. M., 1982
13. Sverdlov M.B. "From Russian Law to Russian Truth" Moscow, ed. "Legal Literature", 1988
14. Soloviev S.M. Compositions. Book II. "History of Russia since ancient times." Volumes 3 - 4. M., 1988. P.46.
15. Tikhomirov M.N. Old Russian cities. M., 1956, p. 12
16. Cherepin L.V. General political relations in Ancient Rus and Russian Truth. M., 1969.
17. Yushkov S.V. Social and political system and the law of the Kiev state. M., 1949 p.287-306.
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RUSSIAN TRUTH- a monument to the legislation of the 11th – 12th centuries, considered the earliest code of legal norms of early medieval Russia that has come down to modern researchers.
The term "truth", often found in ancient Russian sources, means the legal norms on the basis of which the court was judged (hence the expressions "judge the right" or "judge in truth", that is, objectively, fairly). The sources of codification are the norms of customary law, princely jurisprudence, as well as borrowed norms from authoritative sources - primarily the Holy Scriptures. It is believed that even before Russian truth there was a Russian law(there are references to its norms in the text Of the agreement Rus with Byzantium 907), however, which of his articles were included in the text of Russkaya Pravda, and which are original, there is no exact data. According to another hypothesis, the name "Pravda Roskaya" comes from the lexeme "Ros" (or "Rus"), which means "vigilante". In this case, in the text of the code of practice, one should see the code adopted to regulate relations in the princely-retinue environment. The importance of the tradition and the norms of customary law (nowhere and not written by anyone) was less in it than in the community.
Russkaya Pravda has survived to this day in the 15th century lists. and eleven copies of the 18-19 centuries. According to traditional Russian historiography, these texts and lists are divided into three editions Russian Truth: Brief, A spacious and Abbreviated.
Oldest list or first edition Russian Truth is an Brief truth(20-70s of the 11th century), which is usually divided into The truth of Yaroslav the Wise(1019-1054) and The truth of the Yaroslavichi... First 17 articles Yaroslav's truth(according to the breakdown of later researchers, since there is no source of division into articles in the text itself), preserved in two copies of the 15th century. as part of the Novgorod I Chronicle, contain an even earlier layer - the first 10 recorded norms, "as Yaroslav judged" - they are called The Oldest Truth (« Pravda Roska"). Its text was compiled no earlier than 1016. A quarter of a century later, the text Ancient Truth formed the basis of all Yaroslav's truth- the code of case law. These norms regulated relations within the princely (or boyar) economy; among them - decisions on payments for murder, insult, mutilation and beatings, theft and damage to other people's property. Start Brief Truth convinces of fixing the norms of customary law, since they deal with blood feud (Art. 1) and mutual responsibility (Art. 19).
By the truth of the Yaroslavichi(the sons of Yaroslav the Wise) are named articles 19–41 in the text Brief Truth... This part of the code was drawn up in the 70s of the 11th century. and until the end of the century was constantly updated with new articles. These include Articles 27-41, divided into Pocon(i.e Fines Charter in favor of the prince for the murder of free people and the norms of feeding the collectors of these payments), the appearance of which is associated with the uprisings of 1068-1071 in Russia, and Lesson to bridge builders(that is, the Rules for those who pave the carriageway in cities). Overall Brief revision Russian Truth reflects the process of formalizing laws from particular cases to general norms, from solving specific issues to formalizing national law at the stage of formation of the medieval feudal order.
The Vast Truth- second edition Russian Truth, a monument to a developed feudal society. Created in the 20-30s of the 12th century. (a number of researchers associate its origin with the Novgorod uprisings of 1207–1208 and therefore attribute its compilation to the 13th century). Preserved in more than 100 lists in legal collections. The earliest - Synodal List of Extensive Truth- compiled in Novgorod around 1282, entered in the Pilot Book and was a collection of Byzantine and Slavic laws. Another early list is Troitsky, 14th century. - part of The measure of the righteous, also the oldest Russian legal collection. Most of the lists Expanded Truth- later, 15-17 centuries. All this wealth of lyrics Expanded Truth It is combined into three types (in source studies - outdated): Synodal-Trinity, Pushkin-Archeographic and Karamzinsky... Common to all types (or versions) is the unification of the text Brief Truth with the norms of the princely legislation of Svyatopolk Izyaslavich, who ruled Kiev from 1093 to 1113, as well as the Charter of Vladimir Monomakh 1113 (the charter determined the amount of interest charged on contractual loans). By volume The Vast Truth almost five times more Brief(121 articles with additions). Articles 1-52 are referred to as Yaroslav's court, Articles 53-121 - how Charter of Vladimir Monomakh... Norms Expanded Truth operated before the Tatar-Mongol yoke in Russia and in its first period.
Some researchers (M.N. Tikhomirov, A.A. Zimin) believed that The Vast Truth was primarily a monument to the Novgorod civil legislation, and later its norms became all-Russian. The degree of "formality" Expanded Truth is unknown, as are the exact boundaries of the region covered by its rules.
The most controversial monument of Old Russian law is the so-called Abridged Truth- or third edition Russian Truth, which arose in the 15th century. It reached only two copies of the 17th century, placed in Feeding the book special composition. This edition is believed to have originated as an abbreviation of the text Expanded Truth(hence the name), was compiled in the Perm land and became known after its annexation to the Moscow principality. Other scholars do not exclude that this text was based on an earlier and unknown monument of the second half of the 12th century. There is still debate among scholars regarding the dating of various editions. Truth, especially this third one.
From the beginning of the 14th century. Russian Truth began to lose its significance as an effective source of law. The meaning of many terms used in it became incomprehensible to scribes and editors, which led to distortions of the text. From the beginning of the 15th century. Russian Truth have ceased to be included in legal collections, which indicates the loss of its legal force by the norms. At the same time, its text began to be inscribed in the annalistic vaults - it became history. Text Russian Truth(different editions) formed the basis of many legal sources - Novgorod and Smolensk with Riga and the Gotha coast (by the Germans) of the 13th century, Novgorod and Letters of judgment, Lithuanian Statute 16th century, Code of Law Casimir 1468 and finally the all-Russian code of norms of the era of Ivan III - Code of Law 1497.
Brief Truth was first discovered by V.N. Tatishchev in 1738 and published by A.L. Shletser in 1767. The Vast Truth first published by IN Boltin in 1792. In the 19th century. over True outstanding Russian lawyers and historians worked - I.D. Evers, N.V. Kalachev, V.Sergeevich, L.K. Goetz, V.O. Klyuchevsky, who analyzed the time and reasons for the creation of individual parts and editions Russian Truth, the relationship between the lists, the essence of the legal norms reflected in them, their origins in Byzantine and Roman law. In Soviet historiography, the main attention was paid to the "class essence" of the source under consideration (the works of B.D. Grekov, S.V. Yushkov, M.N. Tikhomirov, I.I.Smirnov, L.V. Cherepnin, A.A. Zimin ) - that is, to study using Russian Truth social relations and class struggle in Kievan Rus. Soviet historians emphasized that Russian Truth cemented social inequality. Comprehensively defending the interests of the ruling class, she openly proclaimed the lack of rights of unfree workers - slaves, servants (for example, the life of a slave was estimated 16 times lower than the life of a free “husband”: 5 hryvnia against 80). According to the findings of Soviet historiography, Russian Truth argued the incompleteness of women both in property and in the private sphere, however, modern research shows that this is not the case (N.L. Pushkareva). In Soviet times, it was customary to talk about Russian Truth as a single source that had three editions. This corresponded to the general ideological attitude towards the existence in ancient Russia of a single legal code, just as the Old Russian state itself was considered as the "cradle" of three East Slavic peoples. Currently, Russian researchers (I.N. Danilevsky, A.G. Golikov) often talk about Brief, The spacious and Abridged Truth as independent monuments that are of great importance for the study of various parts of the state of Rus, similar to the general Russian and local chronicles.
All texts of Russkaya Pravda have been published several times. There is a complete academic edition of it according to all known lists.
Russkaya Pravda is a regulatory legal document of Ancient Rus, a collection of all laws and legal norms that existed in the 10-11 centuries.
Russkaya Pravda is the first regulatory legal document in Ancient Rus, which combined all the old regulatory legal acts, princely decrees, laws and other administrative documents issued by various authorities. Russkaya Pravda is not only an important part of the history of law in Russia, but also an important cultural monument, since it reflects the life and life of Ancient Rus, its traditions, principles of economic management, and is also an important source of information about the written culture of the state, which at that time was just nascent.
The document includes the norms of inheritance, commercial, criminal law, as well as the principles of procedural legislation. Russkaya Pravda was at that time the main written source of information about social, legal and economic relations on the territory of Russia.
The origin of Russkaya Pravda today raises quite a few questions from scientists. The creation of this document is associated primarily with the name Yaroslav the Wise - the prince collected all the legal documents and decrees that existed in Russia and issued a new document in about 1016-1054. Unfortunately, to date, not a single copy of the original Russkaya Pravda has survived, only later censuses, so it is difficult to say exactly about the author and the date of Pravda's creation. Pravda corresponded several times with other princes, who made improvements to it according to the realities of the time.
The main sources of Russian Truth
The document exists in two editions: short and long (more complete). The short version of Russkaya Pravda includes the following sources:
Pokon virny - determination of the order of feeding the prince's servants, collectors of vira (created in the 1020s or 1030s);
Yaroslav's Truth (created in the 1016s or 1030s);
True Yaroslavichi (does not have an exact date);
The lesson for bridge builders is the regulation of wages for builders, bridge builders, or, according to some versions, bridge builders (created in the 1020s or 1030s).
The short edition contained 43 articles and described new state traditions that appeared shortly before the creation of the document, as well as a number of older legislative norms and customs, in particular, the rules of blood feud. The second part contained information about fines, violations and so on. The legal foundations in both parts were built on a principle that was quite common for that time - the estate principle. This meant that the severity of the crime, the measure of punishment or the amount of the fine depended not so much on the crime itself, but on what class the person who committed it belonged to. Also, different categories of citizens had different rights.
A later version of Russkaya Pravda was supplemented by the charter of Yaroslav Vladimirovich and Vladimir Monomakh , the number of articles in it was 121. Russkaya Pravda in an expanded version was used in court, civil and church, to determine the punishment and settlement of commodity-money litigation and relations in general.
In general, the norms of criminal law described in Russian Pravda correspond to the norms adopted in many early state societies of that period. The death penalty is still preserved, but the typology of crimes is significantly expanding - murder is now divided into intentional and unintentional, different degrees of damage are indicated, from intentional to unintentional, fines are not levied at a single rate, but depending on the severity of the offense. It is worth noting that Russkaya Pravda describes fines in several currencies at once for the convenience of the process of legal proceedings in different territories.
The document also contained a lot of information about the legal process. Russkaya Pravda determined the basic principles and norms of procedural legislation: where and how it is necessary to hold court sessions, how it is necessary to contain criminals during and before the trial, how to judge them and how to carry out the sentence. In this process, the above-mentioned class principle is preserved, which implies that more noble citizens could count on milder punishment and more comfortable conditions of detention. Russkaya Pravda also provided for a procedure for collecting a monetary debt from a debtor; prototypes of bailiffs appeared who dealt with similar issues.
Another aspect described in Russian Pravda is social. The document defined different categories of citizens and their social status. So, all citizens of the state were divided into several categories: noble people and privileged servants, which included princes, vigilantes, then ordinary free citizens went, that is, those who were not dependent on the feudal lord (all residents of Novgorod were also included here), and the lowest category was considered dependent people - peasants, smerds, slaves and many others - who were in the power of feudal lords or a prince.
The meaning of Russian Truth
Russkaya Pravda is one of the most important sources of information about the life of Ancient Rus at the earliest period of its development. The presented legislative norms make it possible to form a fairly complete picture of the traditions and way of life of all segments of the population of the Russian land. In addition, Russkaya Pravda became one of the very first normative legal documents, which was used as the main nationwide legal code.
The creation of Russkaya Pravda laid the foundations for the future regulatory and legal system in the creation of new judicial codes in the future (in particular, the creation law code of 1497 ) has always remained the main source, which was taken by lawmakers as a basis not only as a document containing all acts and laws, but also as a sample of a single legal document. Russkaya Pravda for the first time officially consolidated class relations in Russia.
In our literature on the history of Russian law, there is no consensus about the origin of Russian Truth. Some consider it not an official document, not a true monument of legislation, but a private legal collection compiled by some ancient Russian lawyer or a group of lawyers for their own purposes. Others consider Russkaya Pravda an official document, a genuine work of the Russian legislative power, only spoiled by scribes, as a result of which many different lists of Pravda have appeared, which differ in the number, order, and even the text of the articles. Installation of LED curtain.
It is indisputable that, like any other legal act, Russkaya Pravda could not have arisen from scratch, without having a foundation in the form of sources of law. It remains for us to list and analyze these sources, to assess their contribution to the creation of Russian Truth.
The sources of codification are customary law and princely jurisprudence. The rules of customary law include, first of all, the provisions on blood feud (Art. KP) and on mutual responsibility (Art. KP). The legislator shows a different attitude to these customs: he seeks to limit blood feud (narrowing the circle of avengers) or completely abolish it, replacing it with a monetary fine - vira (there is a similarity with the "Salic truth" francs, where blood feud was also replaced by a monetary fine); in contrast to blood feud, mutual responsibility is preserved as a measure that binds all members of the community to responsibility for their member who committed a crime (“wild virginity” was imposed on the entire community).
Another source of Russkaya Pravda was the Russian Law (norms of criminal, inheritance, family, procedural law). Until now, disputes about its essence do not stop. In the history of Russian law, there is no consensus about this document. It is known that it is partially reflected in the treaties of Russia with the Greeks in 911 and 944 and in the Russian Truth. For example, in the 911 contract it is written: "If you strike with a sword or hit with a katz or a vessel, for that stress or beat, yes, give 5 liters of silver according to the Rusky law."
References of treaties to the law of the young Russian state, used as a source of law along with the laws of the Byzantine Empire, became the topic of a lively discussion in the historical and legal literature. So, for example, supporters of the Norman theory of the origin of the Old Russian state considered the Russian Law to be Scandinavian law. V.O.Klyuchevsky believed that the Russian Law was a "legal custom", and as a source of Russian Pravda it was "not the primitive legal custom of the Eastern Slavs, but the law of urban Russia, which was formed from rather diverse elements in the 9th-11th centuries." According to V.V. Mavrodin, the Russian Law was a common law that was created in Russia over the centuries. L.V. Cherepnin suggested that between 882 and 911 a princely legal code was created, which was necessary for carrying out princely policy in the annexed Slavic and non-Slavic lands. In his opinion, the code reflected the relationship of social inequality. This was "the right of an early feudal society, which was at a lower stage in the process of feudalization than the one at which the Most Ancient Truth arose." A.A. Zimin also admitted the folding of early feudal law in the late 9th - early 10th centuries. He believed that under Oleg there was still customary law, and under Igor, princely laws appeared - "statutes", "pokons", which introduced monetary punishment for violation of property rights and mutilation, limited blood feud, replaced it in some cases with monetary compensation. began to use the institutions of witnesses, vidoks, vault, duels, oath. These norms were later included in the KP. Although some conclusions of A.A. Zimin and L.V. Cherepnin remain controversial (about the development of early feudal Old Russian law in the 9th-10th centuries from legal custom and customary law), their observations prove that Russian Truth is not just a record of the customary law of a separate tribe. Not being a supporter of the Norman theory of the origin of the Old Russian state, I support the point of view of A.A. Zimin. In the second half of the 9th century, in the middle Dnieper region, the Slavic tribes, similar in composition and social nature, were unified into the Russian Law, whose jurisdiction extended to the territory of the state formation of the Slavs with the center in Kiev. Russian law represents a qualitatively new stage in the development of Russian oral law in the conditions of the existence of the state. Also in the Russian Pravda there are numerous norms developed by the prince's judicial practice.
The concept of Russian Truth
Russkaya Pravda is the oldest monument in the history of the fatherland, in other words, it is a collection of legal norms of Kievan Rus. The original text of the truth has not reached us. If you believe the basic data, then the Russian Truth was written in 1037 by Yaroslav the Wise for the Novgorodians. For many centuries, Russkaya Pravda has served as a guide to legal proceedings. Subsequently, the truth itself entered other sources of law. It is believed that Russkaya Pravda is the first stage in the codification of Russian law, but this information is not reliable, since in the text of Russian Pravda itself there is a reference to the Russian law.
Russkaya Pravda has three editions: Abridged, short and lengthy.
The earliest version of this source of law is considered to be the Brief Truth, which arose during the reign of Yaroslav the Wise. It consisted of Pravda Yaroslav, Pravda Yaroslavichi, Pokon Virny, Lesson of bridge builders. Each component of the truth is presented as a series of articles in the source.
It is believed that after a short edition a lengthy truth appeared, it was released after 1113 during the reign of Vladimir Monomakh. The extensive truth includes the Court of Yaroslav and the Charter of Vladimir Monomakh.
The last, third edition is considered to be the Abridged Truth. She reached two lists of 17th century, placed in the Helmsman's book of a special composition. It is believed that this edition arose as an abbreviation of the text of the Extensive Truth. Among scholars, disputes still continue regarding the dating of various editions of Pravda, especially this third one.
The origin of the Russian truth
Nowadays, it is generally accepted that Russkaya Pravda is one of the largest legal works of the Middle Ages. Some scholars naively believe that the Russkaya Pravda arose under the influence of Byzantine, Scandinavian law, this is not the case. Russkaya Pravda arose entirely on Russian soil. This means that Russkaya Pravda as a source of law is analogous to "Salicheskaya Pravda", "Anglo-Saxon Laws" and other sources of law of that time.
As for the place of origin of the document, this issue also remains controversial. Some historians (B.G. Grekov, S.V. Yushakov and others) associate that Russian truth takes its roots from Kiev, others (M.N. Tikhomirov) believe that it came from Novgorod. Each of the theories of origin is significant and controversial and, often apart from general considerations and theories, does not carry any serious evidence.
Until now, the question of the origin of the first texts of Russian Pravda is controversial. Some scholars associate the emergence of Russian truth with the name of Yaroslav the Wise, a famous politician of that time, a builder of libraries and educational institutions. Lists of the Short Edition are few, there are two of them, Academic and Archeographic. Both documents are similar in content, which indicates that they originated from the same source or protographer.
The vague truth has survived in more lists. They are longer in content and contain more articles, which indicates deeper legal thinking.
M.H. Tikhomirov attributes the emergence of a lengthy truth to the early thirteenth century, in view of the movements in Novgorod in 1209.
L.V. Cherepnin believes that this source of law arose in parts at the princely congresses (Lubecheskiy), and in general it appeared in 1209.
S.V. Yushkov believed that the Extensive Truth was compiled in the twelfth century as a result of the mechanical combination of the Court of Yaroslav Vladimirovich and the Charter of Vladimir Monomakh.
B. A. Rybakov believes that the Expanded Truth was created during the reign of Vladimir Monomakh or his son Mstislav.
The abbreviated truth is attributed by most researchers (such as N.A.Maksimeiko, A.A. Zimin) to the 15th or even the 17th century. However, M.N. Tikhomirov believes that it was written by the second half of the 12th century.
Russian truth did not arise out of nowhere, it reflects the development of thought and is the result of the progress of the ancient Russian state. Many researchers believe that the first text, which arose during the reign of Yaroslav the Wise, was written to eradicate old pagan customs. This time needed a written law. In the codification of the law.
Sources of Russian Truth
As we have already noticed, the concept of Russian Truth is understood as three different documents, which can be designated as "short", "extensive" and "abbreviated"
Considering the first texts of Russkaya Pravda (Brief Edition), we can say that the sources of codification were customary law and judicial practice.
The customary law was the provision of circular cutting and bloody revenge.
The norms of princely judicial practice are numerous in the Russian Pravda and are associated with the names of the princes who received them.
Special attention should be paid to such a source as Byzantine canon law.
As a specific source, the Russian Law can be distinguished. Little is known about this document. It is believed that this is a set of rules that existed even before the first texts of Russian Pravda. There is practically no written evidence, it is only mentioned in several documents. It is believed that this was an oral rulebook.
Another source of the Russian truth is custom (here you should separate custom and custom sanctioned by the state), it becomes the norm of customary law and these norms could exist both orally and in writing.
More complex in structure and composition, after a brief truth, is a lengthy truth, it was compiled more thoroughly and in detail.
The very first and perhaps one of the main sources of law is a brief truth. Borrowings from the concise truth were placed in both chapters of the voluminous truth (Articles 71, 72, 73, 76, 77 and 78).
But the legislator of that time did not confine himself to borrowing articles of the first edition. The compilers of the Extensive Pravda used the charter of Vladimir Monomakh. It included decrees on the collection of interest and on purchases, which was associated with the uprising of 1113 in Kiev.
The researchers consider the third source to be the protograph of the Abridged Truth, but this is only Tikhomirov's working hypothesis.
The abbreviated truth is the most complex source of law, compared to the two previous truths. Most researchers mark this edition as a very late monument of law.
There is a theory that this is a simple extract from the text of a lengthy truth, but the Abbreviated Truth has a number of features that cannot be explained by the assumption that it is a simple abbreviation of the previous edition. It differs in the content of the articles or contains new sections. In the text of this truth, all articles of the abridged edition, which were borrowed from the short edition, are omitted.
Russkaya Pravda became the first collection of laws in Ancient Rus. Its first editions appeared during the reign of the Kiev prince Yaroslav the Wise in the first half of the 11th century. He was also the initiator of the creation of Russian Truth. The collection was necessary in order to streamline life in the state, where they were still judging and resolving disputes according to unwritten traditions. All of them are reflected in the pages of this collection of documents.
A brief description of Russian Pravda suggests that it stipulates the order of social, legal and economic relations. In addition, the collection contains the norms of several types of legislation (hereditary, criminal, procedural and commercial).
Prerequisites
The main goal that Yaroslav the Wise set for the collection is to determine the legal status of the population according to the Russian Truth. The emergence of codified norms was common in all medieval European societies. So, in the Frankish state, the "Salic truth" was similar. Even in the barbaric northern states and the British Isles, their own judicial codes appeared. The only difference is that in Western Europe these documents were created several centuries earlier (starting from the 6th century). This was due to the fact that Russia appeared later than the feudal Catholic states. Therefore, the creation of legal norms among the Eastern Slavs took place several centuries later.
Creation of Russian Truth
The most ancient Truth, or Yaroslav's Truth, appeared in 1016, when he finally established himself in Kiev. However, this document was intended not for the southern capital, but for Novgorod, since it was there that the prince began his reign. This edition contains mainly various criminal articles. But it was with this list of 18 articles that the creation of Russian Pravda began.
The second part of the collection appeared several years later. It was named Pravda Yaroslavichi (children of the Grand Duke) and touched upon the legal relations between the inhabitants of the state. In the 30s, articles appeared on feeding virniks. These parts exist as a summary edition.
However, the collection was supplemented after the death of Yaroslav. The creation of Russkaya Pravda continued under his grandson Vladimir Monomakh, who managed to briefly unite the appanage principalities (the era of feudal fragmentation was approaching) and completed his Charter. He entered the lengthy edition of Pravda. The lengthy edition touched on disputes related to property rights. This was due to the fact that trade and monetary relations were developing in Russia.
Existing copies
It is known for certain that no original copies of Russkaya Pravda have survived. Domestic historiography discovered later copies for itself, when they were discovered and studied. The earliest copy is considered to be a list placed in the Novgorod First Chronicle of the 11th century. It was she who became for researchers.
Later, copies and copies were found, created up to the 15th century. Excerpts from them have been used in various Pilot books. Russkaya Pravda ceased to be relevant with the release of the Code of Laws of Ivan III at the end of the 15th century.
Criminal law
The responsibility of a person for crimes is reflected in detail on the pages that Russkaya Pravda contains. The articles document the difference between willful and unintentional atrocities. Weak damage and heavy damage are also shared. By this measure, it was decided to what degree of punishment the criminal would be sentenced.
At the same time, the Slavs still practice what Russkaya Pravda talks about. The articles assert that a person has the right to punish the murderer of a father, brother, son, etc. If a relative did not do this, then the state announced a reward of 40 hryvnia for the head of the criminal. These were echoes of the old order that had existed for centuries. It is important to note that Russia had already been baptized, but the remnants of a pagan bloodthirsty era still existed in it.
Types of fines
Criminal law also included monetary fines. Among the Slavs, they were called vira. Fines came to Russia from Scandinavian law. It was vera that over time completely supplanted blood feud as a punishment for a crime. It was measured in different ways, depending on the nobility of the person and the severity of the offense. The analogue of the Russian vira was the wergeld. It was a monetary penalty prescribed in the barbaric truths of the Germanic tribes.
Under Yaroslav, vira was called a fine exclusively for the murder of a man who was a free man (that is, not a slave). For a simple peasant, the fine was 40 hryvnia. If the victim was a person who was in the service of the prince, then the penalty was doubled.
If a free person was seriously injured or a woman was killed, then the guilty party had to pay the half-vire. That is, the price fell by half - up to 20 hryvnia. Less serious crimes, such as theft, were punishable by small fines, which were determined individually by the court.
Headlong, flood and plunder
At the same time, the definition of headache appeared in Russian criminal law. This was the ransom that the killer had to provide to the family of the deceased. The size was determined by the status of the victim. So, an additional fine to the relatives of a slave was only 5 hryvnia.
Stream and plunder is another type of punishment introduced by Russkaya Pravda. The right of the state to punish a criminal was supplemented by the expulsion of the offender and the confiscation of property. He could also be sent into slavery. At the same time, the property was plundered (hence the name). The punishment has changed depending on the era. The stream and plunder were appointed guilty of robbery or arson. It was considered that these are the most serious crimes.
Social structure of society
The society was divided into several categories. According to Russian Pravda, the legal status of the population depended entirely on its highest stratum, the nobility was considered. It was the prince and his senior warriors (boyars). At first, these were professional military personnel who were the mainstay of power. It was in the name of the prince that the judgment was conducted. Also, all fines for crimes went to him. The servants of the prince and boyars (tiuns and ognischans) also had a privileged position in society.
On the next step were free men. In Russkaya Pravda, there was a special term for such a status. The word "husband" corresponded to him. Free persons included junior warriors, collectors of fines, as well as residents of the Novgorod land.
Dependent strata of society
According to the Russian Pravda, the worst legal position of the population was that of dependent people. They were divided into several categories. The Smerds were dependent peasants (but with their own allotments) working for the boyar. Life slaves were called slaves. They had no property.
If a person borrowed and did not have time to pay off, then he fell into a special form of slavery. It was called a purchase. Such addicts became the property of the borrower until they paid off their debts.
The provisions of Russkaya Pravda spoke about such an agreement as Ryad. This was the name of the agreement according to which they voluntarily went into the service of the feudal lord. They were called ryadovichi.
All these categories of residents were at the very bottom of the social ladder. According to Russian Pravda, such a legal status of the population practically devalued the life of addicts in the literal sense of the word. Fines for killing such people were minimal.
In conclusion, we can say that society in Russia was very different from the classical feudal model in Western Europe. In the Catholic states in the XI century, the leading position was already occupied by large landowners, who often did not even pay attention to the central government. In Russia, it was different. The top of the Slavs was the prince's squad, which had access to the most expensive and valuable resources. The legal status of population groups according to Russian Pravda made them the most influential people in the state. At the same time, the class of large landowners from them has not yet had time to form.
Private right
Among other things, Yaroslav's Russkaya Pravda included articles on private law. For example, they stipulated the rights and privileges of the merchant class, which was the engine of trade and economy.
Negotsiant could engage in usury, that is, give loans. They were also fined in the form of barter, such as food and groceries. The Jews were actively engaged in usury. In the 12th century, this led to numerous pogroms and outbreaks of anti-Semitism. It is known that when Vladimir Monomakh came to rule in Kiev, he first of all tried to settle the issue of Jewish borrowers.
Russkaya Pravda, whose history includes several editions, also raised issues of inheritance. The charter allowed free people to receive property according to a paper will.
Court
A complete description of Russkaya Pravda cannot miss the articles on procedural law. Criminal offenses were heard in the princely court. It was carried out by a specially appointed representative of the authorities. In some cases, they resorted to face-to-face confrontation, when two parties one-on-one proved their case. The procedure for collecting a fine from the debtor was also spelled out.
A person could go to court if a thing disappeared from him. For example, merchants who suffered from theft often used this. If it was possible to find the loss within three days, then the person with whom it turned out became a defendant in court. He had to acquit himself and provide evidence of innocence. Otherwise, a fine was paid.
Testimony in court
Witnesses could have been present at the trial. Their testimony was called the Code. The same word was used to designate the procedure for searching for the loss. If she brought proceedings outside the city or community, then the last suspect was recognized as a thief. He had the right to live up to his name. To do this, he could hold the vault himself and find the person who committed the theft. If he did not succeed, then it was on him that the fine was imposed.
There were two types of witnesses. Vidoki are people who have seen with their own eyes the committed crime (murder, theft, etc.). Rumors are witnesses who, in their testimony, reported unverified rumors.
If it was not possible to find any crimes, then they resorted to the last resort. It was an oath by kissing the cross, when a person gave his testimony in court, not only before the princely authority, but also before God.
A water test was also used. It was a form of divine judgment, when testimony was checked for truth by taking a ring out of boiling water. If the defendant could not do this, he was found guilty. In Western Europe, this practice was called hordeals. People believed that God would not let a conscientious person get hurt.
Russia and its autocrats Anishkin Valery Georgievich
"Yaroslav's Pravda", or "Russian Truth"
"Russkaya Pravda" is a monument of Russian law in Ancient Russia of the XI-XII centuries. This is a collection of judgments based on the law of the time. The articles that make up the collection punish for murder, for arson, for the destruction of livestock.
There are three main forms of "Russian Truth" - short, lengthy and abbreviated.
Brief revision is divided into two parts. First, The oldest truth contains decisions on the amount of compensation for murder, for beating and mutilating, for damage to property. The second part is called The truth of the Yaroslavichi, since it was compiled by the sons of Yaroslav the Wise (1072).
True Yaroslavichi sets the amount of payment for the murder of princely people, tiunov, headman.
At the beginning of the XII century. The most ancient truth and the Truth of the Yaroslavichi were united.
Extensive edition much more concise and subdivided into headings.
Abridged edition Russkaya Pravda is a selection of texts from a lengthy edition.
Yaroslav's charter protects personal property and personal integrity. “Whoever kills a person,” says one of the articles, “the relatives of the murdered man avenge death with death; and when there are no avengers, then from the murderer to collect money into the treasury ... "
For a boyar or other eminent citizen they exacted 80 hryvnias, for any "Lyudin", that is, a free man - 40 hryvnias, and for the murder of a woman - 20. For the murder of a boyar servant they paid 5 hryvnias.
“If someone kills a person in a quarrel or drunkenness and disappears, then rope, or the district where the murder was committed, pays a penalty for it ... When the murderer does not hide, then from the district or from the volost to recover half vira, and the other from the murderer himself ... If the murder is committed without any quarrel, then the parish does not pay for the murderer, but betrays him ... with his wife, with children and with his estate. "
In other words, the wife and children were responsible for the husband's misconduct, since they were considered his property.
Yaroslav's laws established different fees for a blow with a sword, club, cane, any light object, or just a hand. Also, punishment was provided for a pulled out clump of beard, for a knocked out tooth, for other injuries.
Theft of livestock was considered a grave crime. For setting fire to a house or threshing floor the arsonist was handed over to the prince with all his estate, from which the owner was compensated for the loss.
If someone mounts someone else's horse without permission, they will have to pay the owner the full cost of the horse.
If someone lost someone else's goods or money from a natural disaster, or he was robbed, then, entering his position, he was given an installment plan so that he could gradually pay off.
Any denunciation required the testimony of seven people. The foreigner was given the privilege of presenting only two witnesses.
By the way, foreigners generally had advantages over the Russians on Russian soil. So, if it was about beatings, then the foreigner could not be accused without seven witnesses, although for beating a Russian it was enough to have two witnesses.
Yaroslav's laws also determined the rights of inheritance of property, according to which the paternal court always belonged to the younger son without division. The widow was not an heiress. The sisters did not receive anything except what the brothers gave them as a dowry. If after the father there were young children, and the mother got married again, then the children were given to the next of kin with an estate and a house.
It is very important to note that in ordinary transactions, instead of laws, honor and given word.
Usually the courts were held in princely courts and the prince was the head of justice.
Most of the monetary fines went to the treasury.
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