What legal norms does the Russian truth reflect. Russian truth about customs and duties. Crimes and punishments

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 Russkaya Pravda. 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 the 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 set by Yaroslav the Wise before 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 the prince began his rule there. This edition contains mainly various criminal articles. But it was from 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 legal relations between the inhabitants of the state. In the 30s, articles appeared concerning feeding virniks. These parts exist as summaries.

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 Russian 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 XI century. It was she who became for researchers.

Later, copies and copies were found, created up to the 15th century. Passages from them have been used in various Pilot books. Russkaya Pravda ceased to be relevant with the release of the Code of Law 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 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 claim 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 previous order that had existed for centuries. It is important to note that Russia had already been baptized, but remnants of a pagan bloodthirsty era still existed in it.

Types of fines

The criminal law also included monetary fines. Among the Slavs, they were called vira. Fines came to Russia from Scandinavian law. It was vera that eventually 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 a person who was in the service of the prince became a victim, then the penalty was doubled.

If a free person was seriously injured or a woman was killed, then the guilty party had to pay a half-fiend. 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 bravado 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 the offender 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 the Russian Pravda, the legal status of the population was completely dependent 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 the government. It was in the name of the prince that the judgment was carried out. 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 this status. The word "husband" corresponded to him. Free persons included junior warriors, collectors of fines, as well as residents of the Novgorod land.

Dependent sections of society

According to the Russian Pravda, the worst legal position of the population was among 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. According to Russian Pravda, the legal status of population groups made them the most influential people in the state. At the same time, a 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.

The negociant 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 prescribed.

A person could go to court if he lost a thing. For example, merchants who suffered from theft often used this. If it was possible to find the loss within three days, then the person who found it 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 he who was fined.

There were two types of witnesses. Vidoki are people who have seen with their own eyes a crime (murder, theft, etc.). Rumors are witnesses who, in their testimonies, 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.

a set of Old Russian law, which is based mainly on the legal customs of the X-XI centuries. and princely judicial practice. Includes: separate norms "Laws of the Russian", Pravda Yaroslav the Wise, Pravda Yaroslavichy, Charter of Vladimir Monomakh, etc. There are three editions known: Short, Extensive, Abridged. Regulated: property rights, debt relations, self-harm, inheritance rights, family relations, legal proceedings, the procedure for criminal investigation - inquest (set) and hearing witnesses (vidoks). In general, "R. p." reflected the formation of feudalism in Russia: increased dependence of rural residents (smerds, slaves, purchases), deepening social differentiation of society, development of a commodity economy.

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RUSSIAN TRUTH

the most important source of the law of Ancient Rus, which included the norms of various branches of law. R.P. - a monument of secular law. It did not invade ecclesiastical jurisdiction. The official nature of R.P. evidenced by the references in it to the fact that it was adopted at the princely congresses. This can also be seen from the subtitles that pointed to the prince who gave this law: "The Court of Yaroslavl Volodymerich", "The Charter of Volodymer Vsevolodich". The main source of R.P. was the legislation of the princes, based on customary law and judicial practice. Since no earlier normative legal acts of a secular nature have been found, R.P. considered the first written monument of Russian law. She is known in several editions. Scientists who have studied it distinguish a different number of editions. For educational purposes, three editions are traditionally distinguished: Short, Extensive and Abbreviated (from Extensive). The shortest edition is recognized as the oldest edition. It was discovered by V.N. Tatishchev and prepared by him for publication in 1738, published by A.L. Shetzer only in 1767. There are only two ancient copies of the Short Edition dating back to the 15th century - the Academic and the Archeographic. There are also more recent lists of V.N. Tatishchev, dating back to the 18th century. The text of the document was written without division into articles (the division into articles was carried out by its publishers), only the beginning of the second part is highlighted. The text of the Brief Edition was found in the composition of the Novgorod 1st Chronicle of the younger edition, this indirectly indicates that by the time it was entered into the chronicle it was no longer used as a normative act. Researchers distinguish several constituent parts in the Short Edition of R.P .: 1) The Most Ancient Truth (Yaroslav's Pravda) - Art. 1-18; 2) The truth of Yaroslavich - Art. 19-28 with additional fullness and - Art. 29-41; 3) Pokon Virny - Art. 42; 4) Charter of Mostnikov - Art. 43. The structure of early feudal society is reflected in the Brief Pravda: the division into slaves (servants, serfs) and free ones is clearly traced. Among the free, the law distinguishes a resident of Kievan Rus (Rusin), a Novgorodian (Slovenin), foreigners (Varangians, kolbyag), as well as merchants, warriors of the prince, outcasts. The researchers call Novgorod (M.N. Tikhomirov, B.A. Rybakov) and Kiev (S. V. Yushkov) the place of acceptance of the Short Pravda. The date of its compilation varies between 1016 and 30 gt. 11th century It took shape as an integral monument of law in 1076-93. The truth of the Yaroslavichi is dated by researchers 1068-73. The first ten articles of this document define the legal status of the princely estate, protect the servants and property of the prince. Subsequent articles do not constitute a single whole and are separately adopted laws. A special place is occupied by the last articles - Pokon Virny and the Charter of Bridge Workers. Extended edition by R.P. introduced into scientific circulation V.V. Krestinin, who published the text of Pravda in 1788, which was in Kormchai. The extensive edition has been preserved in a large number of lists (over 100). Its text has come down to us in numerous legal collections, which suggests that this normative legal act has been used a lot in practice. The lists of this edition have significant differences. Among the most ancient are the lists found in legal collections known as the Pilots and Meryl of the Righteous. Helm, i.e. governing, directing, or Nomokanon (law, rule), included the norms of ecclesiastical and secular law. The oldest list with the text of the Extended edition dates back to the end of the 13th century. and is in the Synodal List of Pilots. Very close to it is the text placed in another legal collection - Merilo the Righteous, which consists of two parts: teachings about righteous courts and norms from various legal monuments borrowed from Kormchas. Structurally, in Prostrannaya Pravda, the scribe himself distinguishes two parts: the Court of Yaroslav Vladimirovich and the Charter of Vladimir Vsevolodovich. The sources of the Court of Yaroslav Vladimirovich are called Kratkaya Pravda, judicial practice and additional articles. The time of appearance of this part of the Spatial Truth is considered the end of the 11th - the beginning of the 12th century. The charter of Vladimir Vsevolodovich Monomakh consists of a number of laws aimed at reorganizing and reforming existing socio-economic relations. The time of compilation of this part of the Extensive edition is indicated in the text of the law itself - 1113, the place is the village of Berestovo. Researchers distinguish here: the Charter on cuts (percent), the Bankroot charter, the Charter on purchases, the Charter on slaves, etc. As a single whole, the Spatial Truth took shape by the middle of the 12th century. Abridged edition by R.P. is considered now as a monument to the law of the 14-15 centuries. Most of the norms of R.P. devoted to criminal and criminal procedure law. Few articles are devoted to the regulation of property relations. All free persons, including foreigners, were recognized as subjects of civil law relations. The objects of legal regulation were things and actions related either to the transfer of property or to personal services. R.P. the institutions of real law are familiar: possession, property, pledge (in its infancy). Many rules are aimed at protecting property rights; according to them, it can be judged that among the methods of acquiring property rights, transfer (both on the basis of contracts and by inheritance) and separation of fruits and offspring were known. There was individual, common and communal property, mortgage rights. The basis for the emergence of obligations were contracts and violations, methods of ensuring the fulfillment of obligations were the issuance of a surety and self-pledge in procurement. The contracts were concluded orally, in the presence of witnesses. Some articles point to the preservation of rituals and symbols: tying a key to a belt when concluding a personal employment contract. We can single out the contracts that are reflected in Pravda: purchase and sale, commission, loan, procurement (as a kind of loan), donation, personal hiring, contract, luggage. Provided for the obligation of the person who caused the harm to compensate it. In the event of a crime, the offender was obliged to pay the victims a headache (in case of murder) or a lesson (in case of committing another crime). If the damage was caused by a non-criminal act, then all the same the harm (destruction, prothor) was compensated to the victim. A number of articles by R.P. is devoted to custody of the person and property of a child who has lost both parents, or if the mother remarried after the death of the father. The closest relatives or stepfather were called to perform guardian duties. The duties of the guardian included taking care of the person and property of the ward. R.P. distinguished between inheritance by law and by will. The form of the will was oral, inheritance by law, as a general rule, was carried out in the male descending line. A significant part of R.P. devoted to criminal law. The crime was designated as "offense", which meant harm to a person or property. Only a free person could be the subject of a crime. Crimes committed intentionally were highlighted, the punishments for them were more serious. If the crime was committed openly during a fight, the punishment was mitigated. In Yaroslav's Pravda, it was allowed to use blood feud against the murderers, but the circle of persons who had this right was limited to the next of kin. The Yaroslavichs abolished blood feud and replaced it with a fine - a vira, which could be recovered both from the criminal himself and from the community, if the latter did not betray the murderer or the robber or if the gravity of the crime allowed helping the criminal in paying the vira (the so-called wild vira). The heaviest punishment was considered to be flood and plunder. The majority of scholars are inclined to think that the flow was understood as turning to industry, and looting meant confiscation of property. Robbers, arsonists and horse thieves were punished with a stream and plunder. For the rest of the crimes, a fine called "sale" was charged. Murder, bodily harm (mutilation, moderate beatings) and humiliation were considered crimes against persons and property. Property crimes are represented by embezzlement of property: robbery, theft - thief (qualified theft - horse stealing); destruction or deliberate damage to someone else's property: arson, damage to someone else's horse; illegal use of someone else's property: riding someone else's horse, malicious bankruptcy. Process according to R.P. was adversarial: both parties had equal rights and even had the same names - plaintiffs. The pre-trial procedure for the investigation of the crime was regulated: the pursuit of the trail - the pursuit of the criminal in hot pursuit, was carried out by the victim and strangers, and the vault - pursued the goal of detecting the thief from the stolen thing (it began with the cry: announcement of the stolen property at the auction). If the property was discovered, the vault began, i.e. finding out where and from whom the stolen thing was bought. The trial took place in the courtyard of the prince. The prince or his tiun judged, helped by a virnik, children's, swordsman, gridin, sneak. R.P. names such evidence used in the process: testimony of eyewitnesses (vidoks), testimony of witnesses of good or bad glory (rumors), red-handed, the appearance of the victim, hordes or "judgment of God" (trial with iron and water), oath (company). Lit .: Russian Truth / Ed. DB. Tseekova. T. I. Commentary. M .; L., 1947; Tikhomirov M.N. Research on Russian Truth. M., 1941; Yuzhkov SV. Russian Truth. M., 1950.T.E. Novitskaya

The economic thought of the Russian state began its development in Kievan Rus in the 9th century. It reflected economic and social processes, was closely related to religious views, their moral concepts. An important place is occupied by "Russian Truth" (XI century) - the first code of laws in the history of Russia.

For understanding the specifics of the development of economic thought at the earliest stage of Russian history, a very valuable source, the first Old Russian code of laws, is the "Russian Truth": a kind of code of feudal law in the 1930s. XI century, operating until the XV century.

"Russkaya Pravda" has come down to us in two editions, created at different times. The first edition consists of two parts: the first part recorded under Yaroslav the Wise (first half of the 11th century) and the second part during the reign of Yaroslav's sons (second half of the 11th century) .The second edition is more extensive, under the reign of Vladimir Monomakh (first quarter of the 12th century). The "Russkaya Pravda" includes princely decrees, individual court decisions and the norms of customary law that has evolved over the centuries.

The two editions of Russkaya Pravda reflect different stages in the process of feudalization of society - the early one, when feudal relations were just beginning to take shape, and the next, when the main signs of feudalism had already appeared. It is important for the history of Russian economic thought that Russkaya Pravda makes it possible to illuminate the relationship of the ruling class to socio-economic issues.

Russkaya Pravda reflected the practical level achieved by economic thought by that time. It fixed the process of feudalization of the state, consolidated feudal exploitation. Gave a legal definition of subsistence farming, property relations, protection of property rights of the feudal nobility to serfs, land, the right to levy taxes, in-kind services. It contained the norms of trade and protection of the interests of Russian merchants, mentioned "trade" (domestic market), "guest" (foreign trade), etc.

The goal of the feudal lords is to protect their property from anyone's encroachment, therefore, in "Russian Pravda", special attention was paid to the protection of the property of the prince and his entourage, and also laws were established to ensure the rights to property, property, slaves and half-slaves. Separate articles of this code of laws are devoted to trade and credit relations, which indicates the spread of merchant capital and usury. Loans were given both in kind and in cash. Russkaya Pravda consolidated the existing class differentiation and legally formalized the exploitation of the working masses by the ruling class. Property relations and responsibility for crimes were central to Russkaya Pravda.

The second reaction of Russkaya Pravda speaks of the peasants who were in feudal dependence, they were called purchases. An important section of "Russkaya Pravda", on the collection of interest, as well as articles on peasant purchases.

IN. Klyuchevsky believed that Pravda Russkaya was essentially a "code on capital." "Capital," he wrote, "is the subject of especially intense attention for the legislator; labor itself, that is, a person's personality is viewed as an instrument of capital, we can say that capital is the most privileged person in Pravda Russkaya." In Pravda Russkaya, the policy of the Kiev state is set forth.

"Let's note," writes Karamzin, "that the ancient free Russians did not tolerate any corporal punishment, the culprit paid with either life or liberty, or money - they express something amazing, short, rude, but worthy of hard and generous people who were more afraid of slavery. than death. " Under Vladimir Monomakh, the monk of the Kiev-Pechora monastery Nestor (late 11th - early 12th centuries) compiled the initial Russian chronicle "The Tale of Bygone Years". It makes extensive use of chronicle records that have not come down to us, materials from princely archives, oral traditions and writings of that time, Byzantine chronicles, and church literature.

An example of the peculiar development of social thought at the beginning of the 13th century, the period of feudal fragmentation and civil strife, is the Prayer of Daniel the Zatochnik. The author opposes the boyar arbitrariness and enslavement, sees in the boyars a barrier between the people and a strong prince - the people's defender. He speaks indignantly about the arbitrariness of the rich and the lack of rights of the poor. "Do not abstain from gold and silver, but give them to people" - he turns to the prince.

Origin

The conditional name of the Old Russian legal collection, which has survived only in copies (copies) of the XIII-XV centuries and later. It is similar to numerous early European legal collections, for example, "Salicheskaya Pravda" - a collection of legislative acts of the Frankish state. Also known are the Ripoir and Burgundian truths, compiled in the 5th-6th centuries. n. e., and others. The Anglo-Saxon judicial codes, as well as Irish, Alemannic, Basar and some other legal collections belong to the Barbaric truths. The name of these collections of laws "Pravda" is debatable. In Latin sources Lex salica - Salic law. The question of the time of the origin of its oldest part in science is controversial. Some historians even attribute it to the 7th century. However, most modern researchers associate the Ancient Truth with the name of the Kiev prince Yaroslav the Wise. The approximate period of its creation is 1019-1054. The norms of Russkaya Pravda were gradually codified by the Kiev princes on the basis of oral tribal law, with the inclusion of aspects of Scandinavian and Byzantine law, as well as church influence. According to I.V. Petrov, Russkaya Pravda "was the final codified result of the evolution of Old Russian law," which went through several stages in its development.

Major editions of Russian Truth

"Reading to the people of Russian Truth in the presence of Grand Duke Yaroslav" (Painting by Alexei Kivshenko)

The traditionally preserved numerous versions of "Russkaya Pravda" are divided into 3 main editions, which differ in many respects, and received the names "Short" (6 lists), "Extensive" (more than 100 lists) and "Abbreviated" (2 lists), which is an abbreviated version "Extensive" edition.

Short revision consists of the following legal texts:

  • "Pravda Yaroslav", from or g (vv. 1-18);
  • "The Truth of the Yaroslavichs" (Izyaslav, Svyatoslav, Vsevolod), from the city (Art. 19–41);
  • "Pokon virny" - determination of the order of feeding the virniks (princely servants, collectors of vira), 1020s or 1030s. (art. 42);
  • "Lesson to bridge builders" - regulation of wages for bridge builders - bridge builders, or, according to some versions, bridge builders - 1020s or 1030s. (v. 43).

"Brief Truth" consisted of 43 articles. The first part of it, the most ancient, also spoke about the preservation of the custom of blood feud, about the absence of a sufficiently clear differentiation of the amount of court fines depending on the social status of the victim. The second part (Articles 19–43) reflected the further development of landownership relations: blood feud was abolished, the life and property of landowners were fenced off with increased penalties.

Lists "Expanded Truth" are found in the lists of church laws, in the annals, in articles from the Holy Scriptures of a judicial and legislative nature ("The Measure of the Righteous"). "Extensive Truth" consisted of two parts - the Charter of Prince Yaroslav the Wise and the Charter of Vladimir Monomakh, which were included in the "Short Pravda" with later amendments and additions to the Charter adopted during the reign of Vladimir Monomakh, after the suppression of the uprising in Kiev, the city of "Extended Truth" was compiled in the XII century. It was used by spiritual judges in the analysis of secular cases or litigation. It was significantly different from the "Short Truth". The number of articles - 121. This code reflected further social differentiation, the privileges of landowners, the dependent position of smerds, purchases, lack of rights of slaves. "Extensive Pravda" testified to the process of further development of landlord agriculture, paying much attention to the protection of property rights to land and other property. In connection with the development of commodity-money relations and the need for their legal regulation, "Prostrannaya Pravda" determined the procedure for concluding a number of contracts, the transfer of property by inheritance.

"The Abridged Truth" belonged to a much later period. Historians believe that it took shape in the 15th century. in the Moscow state after the annexation of the territory of Great Perm. According to Tikhomirov, it was exactly there that it was written, which was reflected in the money account.

Sources of law

  1. Legal customs;
  2. Arbitrage practice;
  3. Church statutes (Christian norms)

Criminal law "Russian Pravda"

Russkaya Pravda distinguishes between unintentional murder, "in a wedding" or "offense," from a murder committed with a premeditated intention, "in robbery"; a crime denouncing an evil will from an offense committed out of ignorance; an action that causes physical harm or life-threatening, for example, cutting off a finger, a blow with a sword, not accompanied by death, although it inflicted a wound, is distinguished from an action that is less dangerous, but offensive to honor: from a blow with a stick, a pole, a palm, or if a mustache or beard is pulled out, and for the last actions punishes a penalty four times more than for the first; a blow with a flat sword in a fight was punished more than a blow with a sharp point: it was more offensive, since it meant that the opponent was not considered equal. At the same time, "Russkaya Pravda" contains clear traces of the principle of responsibility characteristic of traditional societies - "blood feud". Already in st. 1 KP says "Even if you kill your husband's husband, then take revenge on your brother's brother, if you like your father, if you like your son, if you like your brother's child, if your brother's sons"

Complicated punishments for the most serious crimes: for robbery, arson and horse theft, the criminal was not subjected to a certain monetary penalty in favor of the prince, but to the loss of all property with imprisonment.

Princely penalties and private fees represent a whole system in Russian Pravda; they were calculated in kun hryvnia. For the murder, a monetary penalty was charged in favor of the prince, called vira, and a reward in favor of the relatives of the murdered, called headlongering. Vira was threefold: a double 80 hryvnia kunas for the murder of a prince's husband or a member of an older princely squad, a simple one of 40 hryvnias for the murder of a simple free man, half or half a hryvnia of 20 hryvnias for the murder of a woman and grievous injuries, for cutting off an arm, leg, nose, for damaging my eyes. Holovniki was much more varied, depending on the social significance of the victim. So, head-to-head for the murder of the prince's husband was equal to a double vire, head-on for a free peasant was 5 hryvnia. For all other criminal acts, the law punished with a sale in favor of the prince and a lesson for insult in favor of the victim.

Estates

By the 9th century, the time of the formation of the Old Russian state, the ownership of the land by the nobility was established among the Eastern Slavs and social groups were formed - aristocratic landowners and peasants dependent on them. The ruling class of feudal lords included Kiev princes, local (tribal) princes, communal nobility (boyars), the elite of the serving people, the squad of princes. According to the doctor of historical sciences A.A.Gorsky, in the 9th century. and later, in Russia, feudalism of the Western European model as such did not yet exist, but a system of advocacy existed. The dominant class was not the communal nobility, of which we have no information, but the corporation of the squad headed by the prince. The boyars were representatives and descendants of the "senior" squad, and not the community nobility.

After the adoption in the X century. Christianity, a significant part of the land was concentrated in the hands of the church, monasteries, clergy. Another category of feudal lords appeared - palace servants, service people who received land for service and during service.

With the increase in the power of the nobility, the political rights of appanage princes grew. They received immunities from the grand dukes, were exempted from paying tribute, acquired the right to have a squad, to judge the population dependent on them, to collect taxes. At the same time, a right (right-privilege) arose that protected the position of the nobility. Russkaya Pravda defined a number of privileges: increased punishment for killing a feudal lord or causing him property damage, broader rights to transfer property by inheritance, including to daughters.

The class of dependent peasants took shape in various ways. The process of cabalization led to the fact that there were almost no free peasants. The main group of the peasantry were smerds who lived in a community, who had their own house, farm, and a plot of land for use. Dependence on the landowner could be more or less, but it was mainly manifested in the obligation to pay taxes, to serve various duties. The life and property of the smerds was protected by law to a much lesser extent compared to the landowners. Their property, in the absence of sons, did not pass by inheritance to the married daughters, but became the property of the master. Only unmarried daughters received part of the property. The deaths were subject to the judgment of the prince, his assistants, the church (if they lived on its land).

The position of the smerds cannot be defined as serfdom. They were not attached to the land or the identity of the landowner, but their dependent state is beyond doubt.

Another category of the population consisted of purchases - smerds who fell into a difficult economic situation, borrowed property from their master and guaranteed its return, as it were, by self-mortgage. Zakup worked in the master's household and could not leave him until he returned the debt (otherwise he was transferred to a complete, "good" slave). But the purchase had some rights and protection of the law.

There were other categories of the population - outcasts, people who left the community, forgiven - those who fell under the so-called "patronage", patronage of the church, monasteries, secular landowners, and obliged to work in their economy.

Along with the dependent population, the ruling classes also exploited slaves (slaves). Russkaya Pravda also calls them servants. The most ancient sources of servitude were captivity and birth from a slave. But the Russian truth also pointed out others: self-sale into slavery, marriage with a slave, entering the service (in tiuns, key keepers), “without a row” (that is, without any reservations), bankruptcy. A slave could be a runaway purchase or a person who committed a serious crime.

The articles of Russian Pravda testified to the position of slaves. For the murder of a slave, his master was paid compensation of only 5 hryvnia, for a slave-6 hryvnia. For the stolen slave, the gentleman received 12 hryvnia. The slave was most often viewed as an object of law, the owner was responsible for it.

With the development of handicrafts and trade, cities arose, the size of the urban population increased, from which the wealthy elite stood out - the "best" people. The urban population was freer than the peasantry. The life and property of the townspeople were protected by the norms relating to full-fledged free people. Russkaya Pravda respectfully names "gridins", "merchants", artisans, usurers.

Property relations, Law of obligations

In Russkaya Pravda, there are concepts: giving property for storage (luggage), simple loan, disinterested loan, a favor out of friendship, giving money in growth from a certain agreed interest, short-term and long-term interest loans, trade commission, contribution to a trading company enterprise. In Pravda there is a certain procedure for collecting debts from an insolvent debtor in the liquidation of his affairs, that is, the procedure for a commercial competition with a distinction between malicious and unfortunate insolvency. There are several types of credit circulation.

Procedural law

Old Russian law did not yet know a clear distinction between criminal and civil proceedings, although, of course, some procedural actions could only be applied in criminal cases. In any case, in both criminal and civil cases, an adversarial (accusatory) process was used, in which the parties are equal and themselves are the engine of all procedural actions. Even both parties in the process were called plaintiffs.

Stages of the Russian Truth process

  • "Zaklich" meant the announcement of a crime (for example, the loss of property). The call was made in a crowded place, "at the auction", the loss of a thing with individual characteristics that could be identified was announced. If the loss was discovered after 3 days from the moment of the call, the one who had it was considered the defendant (Articles 32, 34 PP).
  • "Arch" (Articles 35-39 PP) resembled a confrontation. The compilation was carried out either before the invocation or within three days after the invocation. The person from whom the missing item was found had to indicate from whom this item was acquired. The code continued until it reached a person unable to explain where he acquired this thing. This was also recognized by tatem. If the vault went beyond the settlement where the thing disappeared, it continued until the third person. The latter was charged with the obligation to pay the owner the cost of the thing and the right to continue the code himself.
  • Pursuit of the trace - this is the search for the criminal in his tracks. The law provides for special forms and procedures for carrying out this procedural action. If the trail led to the house of a specific person, it is considered that he is the criminal (Article 77 of the Trinity List). If the trail leads to the village, the responsibility is borne by the verv (community). If the trail is lost on the main road, then the search stops.

Forensic evidence

In the Old Russian state, a whole system of formal evidence appears:

  • Oath. A special type of evidence was the oath - "company" (article 22 of Russkaya Pravda Extensive edition on the Trinity list). It was used when there was no other evidence, but, of course, for small cases. The company could confirm the presence of an event or, conversely, its absence. In some cases, external signs and physical evidence had evidential value. Thus, the presence of bruises and bruises was enough to prove a beating .;
  • Own recognition;
  • Witness's testimonies. Old Russian law distinguished two categories of witnesses - vidocov and rumors (Articles 18,21,29 Russian Pravda Extensive edition on the Trinity list). Vidoki are witnesses, in the modern sense of the word - eyewitnesses of a fact. Rumors are a more complex category. These are people who heard about what happened from someone, who have second-hand information. Sometimes rumors were also understood as witnesses of the good glory of the parties. They had to show that the defendant or the plaintiff were trustworthy people. Not even knowing anything about the controversial fact, they just kind of gave a description of one side or the other in the process.
  • Ordals - the iron test was used when there was a lack of other evidence, and in more serious cases than the water test (Articles 17, 22 of the Russian Pravda Extensive edition according to the Troitsky list). Russkaya Pravda, which devotes three articles to these hordes, does not disclose the technique of their implementation. Later sources report that the water test was carried out by lowering the tied person into the water, and if he drowned, he was considered the winner of the case.

Punishment according to the Russian truth

  • Vira (a fine in favor of the relatives of the murdered. And if there were none, then the Vira was given to the prince.). Vira could be single (for the murder of a simple free person) or double (80 hryvnia, for the murder of a privileged person - P.19, 22 KP, Article 3 PP). There was a special type of vira - "wild" or "general" vira. It was imposed on the entire community. For this punishment to be applied, it is necessary that the murder committed must be simple, uninterrupted; the community either does not betray its suspect in the murder of a member, or cannot “divert the trail from itself,” suspicions; a community only pays for its member, if he previously participated in large payments for his neighbors. The institution of the "wild" vira served as a police function, binding all members of the community with mutual responsibility.
  • Golovnichestvo (monetary punishment in favor of the relatives of the murdered).
  • Stream and robbery (capital punishment: for murder in robbery (Article 7 of the PP), arson (Article 83 of the PP) and horse-stealing (Article 35 of the PP). Punishment included the confiscation of property and the extradition of the offender (together with his family) "head" , that is, into slavery.
  • Lesson (tribute) (monetary compensation for the damage caused to the victim).
  • Sale (fine in favor of the prince for other crimes).

see also

Literature

Translations into modern Russian

  • Extensive edition based on the Trinity List of the second half of the 15th century
  • Russkaya Pravda - Collection of various editions of Russkaya Pravda and materials associated with it

Research

Notes


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See what "Russian Truth" is in other dictionaries:

    Russian truth - the oldest written collection of the norms of Old Russian law; formed during the XI XII centuries. The first text of R.p. was discovered and prepared for publication by V.N. Tatishchev in 1738. Currently, there are more than 100 lists, differing in composition ... Encyclopedia of Law

MINISTRY OF AGRICULTURE AND FOOD OF THE RUSSIAN FEDERATION, DEPARTMENT OF FISHERIES, MURMANSK STATE TECHNICAL UNIVERSITY, FACULTY OF CORPORATE SOCIAL AND ECONOMIC COMMUNITY, RUSSIAN FEDERATION, RUSSIAN FEDERATION. Murmansk 1998 Plan. 1. Formation of Russian economic thought. 3 2. Protection of the feudal lords. 4 3. Class differentiation. 6 4. Crimes 8 5. Procurement. 9 6. Serfs. 9 7. Class struggle. 9 8. Improvements by Vladimir Monomakh. 9 9. Conclusion. 9 Literature. 9 1. Formation of Russian economic thought. In connection with the formation of a feudal society among the Eastern Slavs, in the IX century. the Kiev state was formed, during the same period Russian economic thought began to develop. There are no writings on the development of economic thought in Russia at that time, therefore, to recreate economic views, one has to turn to general historical monuments - chronicles, treaties, letters of princes, church literature. Of great importance in the study of the economic thought of Rus is Russkaya Pravda, a set of laws of the Kiev state, aimed at strengthening the nascent feudal system. Russkaya Pravda has come down to us in two editions, created at different times. The first edition consists of two parts: the first part recorded under Yaroslav the Wise (first half of the 11th century) and the second part during the reign of Yaroslav's sons (second half of the 11th century) .The second edition is more extensive, under the reign of Vladimir Monomakh (first quarter of the 12th century). The "Russkaya Pravda" includes princely decrees, individual court decisions and the norms of customary law, which has evolved over the centuries. The two editions of Russkaya Pravda reflect different stages of the process of feudalization of society - the early one, when feudal relations were just beginning to take shape, and the next, when the main signs of feudalism had already appeared. It is important for the history of Russian economic thought that Russkaya Pravda makes it possible to illuminate the relationship of the ruling class to socio-economic issues. 2. Protection of the feudal lords. The princes of Kievan Rus sought to introduce legislation aimed at protecting the economic and political rights of the feudal lords. Over the course of several centuries, the establishment of feudal laws took place, the collection of which was called "Russian Truth" (XI-XII centuries). During the reign of Yaroslav the Wise, the formation of one of the largest legal monuments of the Middle Ages and Slavic law "Russian Truth" (1015) began - the code of laws of the Old Russian state. In the second half of the 11th century. Yaroslav's sons substantially supplemented and changed the articles of the "Russian Pravda", creating the so-called "Pravda Yaroslavichi" (1072). In turn, Vladimir Monomakh also revised and supplemented the short edition of Russkaya Pravda (Pravda Yaroslav and Pravda Yaroslavichi). As a result, a lengthy edition of Russkaya Pravda (1113) was formed. The main occupation of the population of Kievan Rus was agriculture, along with which hunting and trade were developed. Russkaya Pravda speaks of bread as the main food, mentions cattle, horses and small livestock. This is the period when the main class of feudal society of feudal farmers was formed and the feudal dependence of the peasants was strengthened. Urban life is also reflected in "Russkaya Pravda". The legislation sets itself the task of regulating trade relations: it is said about a merchant who lends money to another merchant or for joint commercial transactions. A merchant can conclude an agreement on the storage of goods, merchants go with the goods on long journeys, where they can be caught in a fire or shipwreck. Trade interests figure prominently in Russkaya Pravda. 3. Class differentiation. The purpose of the feudal lords is to protect their property from anyone's encroachment, therefore, in the "Russian Pravda" special attention was paid to the protection of the property of the prince and his entourage, and also laws were established to ensure the rights to property, property, slaves and half-slaves. Separate articles of this code of laws are devoted to trade and credit relations, which indicates the spread of merchant capital and usury. Loans were given both in kind and in cash. Legislation did not interfere in the internal affairs of the feudal lord, in the organization of his economy. The law established feudal property, protected the rights of the feudal lord to his workers, and management was the feudal lord's business. The main labor force - the peasants, or smerds - in their significant part are not free people, they are already dependent on the large landowners. The rights of the peasants at that time were practically at the level of the rights of slaves. Russkaya Pravda consolidated the existing class differentiation and legally formalized the exploitation of the working masses by the ruling class. She authorized the use of slave labor, listing the circumstances in which the transformation of independent and free people into slaves was allowed. These included the debtor's insolvency, embezzlement of other people's property, "voluntary" sale of oneself to slaves, and a number of others. The difference in estates was manifested in how people of different status were punished for the same crime. For example, for murder: for the murder of the prince's associates and his servants 80 hryvnias were charged, and for the murder of a smerd 5 hryvnias, i.e. 16 times less. 4. Crimes Issues of property relations and responsibility for crimes were central to Russkaya Pravda. For "Russkaya Pravda" the protection of land property is characteristic, violation of the border is punished, ie violation of the right to private ownership of land is punished (Article 32, Article 72). The section on the princely domain in Russkaya Pravda establishes high fines for the murder of a princely manager or clerk. It also provides for punishment for the theft or destruction of a horse and other livestock, and for theft of a bee hive, boat, hay, firewood, etc. (Art. 69-82). 5. Purchases. The second reaction of Russkaya Pravda refers to the peasants who were in feudal dependence, they were called purchases. Zakup is an impoverished stinker, to whom the landowner provided a plot, gave a loan, livestock and tools for processing, he had to work for the master, work off the debt received from the master. The feudal lord had the right to court the purchases, the purchase could leave the master after fulfilling all the duties and returning the loan, but this very rarely worked out. The "Russian Pravda" defines the relationship between the loaner (master) and the recipient of the loan (purchase), as well as the rights of the master to turn the purchase into his slave. In the event that the purchase escaped from the master until the loan was paid or it was impossible to pay the loan, the purchase turned into a slave. An important section of "Russian Pravda", on the collection of interest, as well as articles on peasants-purchases. In articles about peasant purchases, the interests of the feudal lord are also protected. Cases are foreseen when a horse, plow or harrow given to him by the feudal lord is lost from the purchase, or the cattle is stolen through the fault of a negligent purchase from the barn or from the field - for all this the purchase must pay the master (Articles 57, 58). The master can beat the purchase “about business” (Article 62). A quick purchase turns into a slave in the same way as a purchase guilty of theft. 6. Serfs. In Kievan Rus, slavery also existed; there is evidence of the slave trade and slaves - domestic servants. Russian Pravda mentions housekeeping slaves, artisans, elders, nurses, an uncle, a sales agent, a clerk, but there is no mention of slaves employed in agriculture. The main labor force in agriculture was not slaves, but dependent peasants. Many articles in Russkaya Pravda are devoted to slaves. The legislation also aims to protect the ownership of slaves. Especially a lot is said about the capture of a fugitive slave. A person who helps a fugitive slave in word and deed must pay his master the cost of a slave as punishment. It is forbidden to lend money to a slave. The slave who insulted the free, who hit him, can be killed. Slaves did not have the right to testify in court, for their murder the owner was subjected only to church repentance. 7. Class struggle. The defense of the feudal system with its system of feudal dependence of peasants, feudal land tenure and slave owners is the main task of legislation in the era of feudalism. Russkaya Pravda reflected the class struggle, the peasantry resisted enslavement. The need to protect private property in land, to protect the life of the feudal lord, his servants and property - all this testifies to the class struggle. The "Russian Pravda" reflects the class struggle, as evidenced by the articles about the violation of the border and the destruction of livestock, about the murder of the estate manager, about the escape of slaves. The peasant community opposes the feudal lord and the princely administration, the community protects its members and at the same time is responsible to the princely power for the payment of various fees, etc. The feudal lords seized communal lands and sought to turn the peasants into dependent people. "Russkaya Pravda" defended the interests of the ruling class, while the ruling class often had to maneuver, make concessions in the interests of preserving its domination, these tasks permeate this and other monuments of the feudal era. In order to weaken the struggle of the urban masses against the debtors, the Kiev prince Vladimir Monomakh, in a special charter included in Russkaya Pravda, sought to limit the amount of interest charged for debts. After the uprising of the exploited in Kiev in 1113, articles appeared in "Russkaya Pravda" aimed at protecting the interests of procurement. Zakup received the right to go to court with a complaint against his master and even in some cases leave him, the reasons for punishing the procurement by the master were limited. 8. Improvements by Vladimir Monomakh. After the uprising, Vladimir Monomakh had to make concessions. First of all, Vladimir Monomakh established the interest rate, i.e. limited usury, one of the characteristic phenomena of that time. It is unclear to what extent the regulations were complied with; it is likely that the current percentage remained much higher. But it is important to note the condemnation in the "Russian Pravda" of the high percentage and the desire to limit its size. Along with these articles, the Charter of Vladimir Monomakh includes permission to sell an unpaid debtor into slavery and establishing the right to pay the debt in installments if bankruptcy was not his fault. A certain order of "competition" has been established, i.e. payment of debts by bankrupt, first the debts to the prince are paid, then to foreign merchants and then to their merchants. The Charter of Vladimir Monomakh includes articles on purchases by peasants. The ruling class made some concessions. It was forbidden to turn a procurement into a slave without fault, he can work for anyone he pleases to pay a debt - this was not considered a crime, the master was forbidden to rent or sell the procurement, you cannot increase his debt or reduce the land plot, in this case, everything taken must be returned to purchase. You can't beat him, without guilt, under a drunken hand. You can't sell him to slaves. These articles were compiled under the pressure of a popular uprising. But the legislation objects only to the complete transformation of the dependent peasant into a slave, the peasant remains in feudal dependence. 9. Conclusion. Russian Pravda sets out the policy of the Kiev state. The overwhelming majority of articles in Russian Pravda are devoted to economic issues. Russkaya Pravda defended primarily the feudal lords and their land property. Russkaya Pravda is the most valuable, and in some cases the only source on the socio-economic and political history of the Old Russian state. Literature. 1. History of Russia IX - XX centuries. Edited by M.M. Shumilov - St. Petersburg: Publishing house "Neva", 1996 2. History of economic doctrines. Lecture course. Edited by P.I. Zarrin - Moscow: Publishing house "Higher school", 1963 3. History of economic doctrines. Edited by N.K. Karataev - Moscow: Publishing house of socio-economic literature, 1963 4. History of economic thought. Lecture course. Part 1. Edited by ID Udaltsov, F.Ya. Polyansky. - Moscow: Publishing House of Moscow University, 1961

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