The reign of Yaroslav the Wise for Russia was marked by a truly epochal event for the further history of the country - the release of the first law. Russkaya Pravda became such the first written set of rules.
Each of us has probably heard about such an epoch-making document since school. But many ask the question: why Russian Truth is a manifestation of Yaroslav's wisdom, and how did it contribute to the stabilization of the life of society in the emerging rule of law?
The thing is that before the reign of Yaroslav, there was no written code of laws at all. The text of Russkaya Pravda became the fundamental basis for all further existence Kievan Rus as a rule of law.
It was after the publication of this legal and historical act that Yaroslav Vladimirovich received the nickname “Wise”. This is the first collection that contained a code of criminal, legal, civil, family, procedural and administrative norms. It is through him that we learn about the traditions and customs of our ancestors.
Interesting to know! The term "criminal" has come to us since the times of Kievan Rus. The Old Russian word "golovshchina" meant murder.
Thus, the Russkaya Pravda of the Yaroslavichs, as a legitimate common truth, provided for both the protection of private property and the protection of the life of every citizen of the state, regardless of status and position in society. Under this act, a fine was due even for the murder of a smerd or a slave.
The word "truth" at that time meant not only the truth, which is beyond doubt, but also the charter, a guide to action. This act canceled such a truly barbaric custom as blood feud. Moreover, punishment was imposed for the murder of any person. Even for the insult inflicted, a fine in monetary terms was provided.
Arson and horse-stealing also fell under severe punishment. For such a crime, a person found guilty could even be evicted with his family, and all property could be confiscated. Before the appearance of this normative act, such crimes generally remained unpunished. Therefore, the importance of Russian Truth is difficult to overestimate. It was she who contributed to the birth of the present.
Prehistory of the law
The reasons for the creation of such an act were dictated by the time itself. Before the appearance of Pravda, the prescribed set of laws did not exist at all. Life in the state was regulated by moral and ethical Christian norms, which were reflected in church literature.
Russkaya Pravda is largely based on Christian common truths, but such a set of rules is more refined and detailed.
Before the arrival of Christianity in Russia, before its baptism, pagan law reigned in society. Of course he was savage and barbaric. But such age-old foundations were hard to eradicate with the new church literature alone. After all, pagan law was in complete conflict with the new Christian religion.
In addition, in Ancient Russia, judges were mainly immigrants from other countries who did not perfectly own all the traditions and customs of Kievan Rus and simply could not understand many of the nuances. The main impetus for the emergence of a code of laws was the arrival of Christianity with its high moral values, the main of which was and is the life of a person, regardless of his status and position c.
Brief description and content of Pravda
The date of creation of such a law is 1016. Unfortunately, in its original form, it has not survived to this day. But later lists of the document have survived.
The new law completely abolished the previously unspoken tradition of the death duel. The resolution of disputes by the method of a sharp sword (who is sharper, he is right) has become unacceptable for the rule of law cultured state.
There are three main versions of the law:
- Brief is the oldest version of the document.
- Spatial - more advanced and later version.
- Abbreviated - the latest version, which combined the main provisions and excerpts from the Short and the Extensive.
Important! The text of Russian Pravda by Yaroslav the Wise can be read online. All three editions of documents have been reprinted more than once in the academic edition.
Brief Truth
This ancient document is divided into 2 parts:
- Yaroslav's Truth: contains 10 capital normative texts, which were written by Yaroslav Vladimirovich himself.
- The Truth of the Yaroslavichi: A Document Supplemented by the Sons of the Grand Duke.
The oldest document of this law, which has survived to this day, dates back to 1280. This is the oldest copy of the legal framework for Kievan Rus. For the first time such a book was researched and published by the historian Tatishchev Vasily Nikitich. The text of this document is mainly devoted to blood feud, murders and responsibility for them, as well as fines, procedures for their seizure and payment. Separate articles in the collection were also devoted to the protection measures of private property and the protection of all segments of the population.
The document is in two parts
The Vast Truth
This is the second reprint of the original source. The document also consists of two parts:
- Charter of Prince Yaroslav the Wise.
- Charter of Prince Vladimir Monomakh.
These statutes were included in the Brief version of the law. But in this edition they have undergone modifications and various additions. The charter dates back to the 12th century. The document consists of 121 articles. These articles clearly define the division of the population into social strata; responsibilities and benefits of land owners; the rights and obligations of slaves; inheritance of property, etc.
Schools under Yaroslav the Wise
Abridged Truth
This is the latest document and dates back to the 15th century. The charter is based on the Brief and Extensive Truth. This version of the vault was created in the Moscow principality, and it was registered in Great Perm. The document includes 50 articles.
This is a more improved document, which already contains many subtleties and nuances. So, it already clearly spelled out the differences between murders: intentional (bloody massacre "in robbery") and unintentional. The damage done also already differs in degree: severe and weak. The penalty is also completely dependent on the severity of the crime. Punishment meant mainly a system of fines, or the expulsion of the culprit from the family. The concept of "blood feud" was replaced by penalties.
In determining punishment, social status still played a huge role. So, slaves were punished much more severely than those close to the prince.
Useful video: "Russian Truth" by Yaroslav
Penalty system
Since fines were the main punishment, it is worth considering these concepts separately. The content of Russkaya Pravda and its main provisions provided for the payment of assigned fines in various monetary units: kunas, hryvnias, etc.
The code prescribed the following basic concepts of fines:
- Vira is a fine for killing a free person. The size of the vira completely depended on the social status and position in society of the person who was dealt with. The higher the position of a person in ancient Russian society, the greater the fine was imposed for his murder.
- Semi-vire is a pecuniary punishment for severe injury. The amount of such a pecuniary penalty also fully depended on the position in society and the status of the victim.
- Sale is a pecuniary penalty for minor bodily harm, as well as for other unlawful acts. In this matter, the status of the victim played a major role in the same way.
This law also provided for punishment for breaking arable boundaries. In practice, it was specifically prescribed the reimbursement in practice not only of monetary, but also in-kind debts: for example, for a loan of a living or honey, it was also supposed to reimburse in-kind products, but with a premium.
The master retained the right to "beat the smerd", but only if he was guilty of something. Unjustified beatings were prohibited. If a person was caught at night for some kind of theft, then before dawn he could be “killed like a dog,” but with the onset of dawn it was no longer possible to kill him, but it was necessary to bring him to trial before the prince.
If someone rides someone else's horse without permission, then he is entitled to "three crats" - three blows with a stick or a whip.
The charter gives an idea of the division into estates. So, the top of the society was made up of "princely people" - the prince's vigilantes. A step lower was occupied by free people who paid tribute to the prince, and the lowest stratum were "slaves" who were completely subordinate to their masters, who were responsible for them. The punishment for murder or injury inflicted on a slave was the same as for theft or damage to someone else's property.
The law clearly laid down the norms of economic life. From the document we learn about the monetary system of those times: about metallic money and furs, which also served as money. A lot of information can be gleaned about the relations of Kievan Rus with its neighbors, about the pricing of the Old Russian pricing policy, taxes for building bridges, about interest on a cash loan, etc.
Yaroslav the Wise's Russkaya Pravda really became a new and qualitative step on the way to building a legal state.
Useful video: Yaroslav the Wise and the flourishing of the Kiev state
Output
In the article, we gave an exhaustive answer to the question of why Russkaya Pravda is a manifestation of Yaroslav's wisdom. The document is a high-quality legal collection of laws, on which all subsequent rulers of the country relied.
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Russkaya Pravda is a collection of legal norms of Kievan Rus.
Russkaya Pravda became the first regulatory legal document in Ancient Russia, which combined all existing laws and decrees and formed a kind of unified regulatory and legislative system. At the same time, Russkaya Pravda is an important cultural monument, as it is a brilliant example of writing and written culture of the earliest period of the state's development.
Russkaya Pravda contains the norms of criminal, hereditary, commercial and procedural legislation; is the main source of legal, social and economic relations of Ancient Russia.
The creation of Russian Truth is associated with the name of Prince Yaroslav the Wise. On this moment the original of this document has not survived; only later copies exist. There is also controversy about the origin of Russkaya Pravda, but scholars are inclined to believe that the document arose during the reign of Yaroslav the Wise, who collected all existing laws in one book around 1016-1054. Later, the document was finalized and copied by other princes.
Sources of Russian Truth
Russian truth is presented in two versions - short and lengthy. The short version includes the following documents:
- Yaroslav's Truth, 1016 or 1030s;
- The truth of the Yaroslavichs (Izyaslav, Vsevolod, Svyatoslav;
- Pokon virny - determination of the order of feeding virniks (princely servants, collectors of vira), 1020s or 1030s;
- The lesson for bridge builders is the regulation of wages for bridge builders - bridge builders, or, according to some versions, bridge builders - in the 1020s or 1030s.
The short version contains 43 articles, it describes new state traditions, and also retains some old customs like blood feud. The second part describes some of the rules for collecting fines and types of violations. In both parts, justice is based on the class concept - the severity of the crime depends on the class of the criminal.
A more complete version includes the charter of Yaroslav Vladimirovich and the charter of Vladimir Monomakh. The number of articles is about 121, Russkaya Pravda in an expanded version was used in civil and church courts to determine punishments for criminals, and also regulated some commodity-money relations.
The norms of criminal law in Russian Pravda correspond to the norms adopted in many early state societies. The death penalty was retained, premeditated murder was separated from unintentional, the degree of damage caused (also intentional or unintentional) and fines were indicated depending on the severity of the offense. It is interesting that the monetary fines mentioned in Russkaya Pravda were calculated in different monetary units.
The criminal offense was followed by a trial. Russkaya Pravda determined the norms of procedural legislation - how and where the courts were held, who could take part in them, how it was necessary to contain criminals during the trial and how to judge them. Here the class principle was preserved, when more noble citizens could count on weaker punishment. As for the collection of debts, the document also provided for a procedure according to which it was necessary to seize the amount of money from the debtor.
Russkaya Pravda defined the categories of citizens and their social status. So, all citizens were divided into several categories: nobility and privileged servants (this included vigilantes and the prince, who had privileged rights); ordinary free residents (junior vigilantes, tax collectors, as well as residents of Novgorod and the Novgorod land); dependent population (the lower strata - smerds, slaves, purchasers and ryadovichi - that is, peasants who were dependent on the feudal lords and the prince).
The meaning of Russian Truth
Russkaya Pravda became the first normative legal document in Russia and was very important for the development of statehood. Scattered laws, decrees adopted in different states could not provide sufficient legal support public life and legal proceedings, Russkaya Pravda corrected this shortcoming - now there was a document that served as a judicial code and was used in courts. Russkaya Pravda laid the foundations of the future legal system, and also became the first source that officially consolidated the estate division of the state, the privilege of the nobility over the common people, and feudalism that had begun to form. The court documents that were written later always included the Russian Pravda in their basis and were formed precisely on its basis (for example, the Code of Laws of 1497).
It is also important to note that Russkaya Pravda is the most important source of knowledge about the life of Kievan Rus in the very initial stage development of the state.
Russian Pravda short edition. The most important legal source of the Old Russian state is Russkaya Pravda.
The texts of Russkaya Pravda have survived to this day in more than a hundred copies. Conditionally Russkaya Pravda in its numerous lists is divided into three editions:
1) Brief Truth (X - XI centuries); 2) Extensive Truth (XII-XV centuries); 3) Abridged Truth (XV century).
The texts of all three editions differ significantly from each other in their composition, antiquity and specificity.
Social relations of the early period of the Old Russian state are reflected in the Russian Pravda short edition (Short Pravda). The Brief Truth has been preserved in two copies and is included in the Novgorod Chronicle. This edition (KP) consists of "Pravda Roskoy" by Yaroslav the Wise (Art. 1 - 17); "Truths of the Rus land" of the sons of Yaroslav the Wise (Art. 18 - 41); "Poconia" by Yaroslav the Wise
and the "Charter of Bridge Workers". It is believed that the Brief Truth was finalized in 1068 - 1071.
The oldest part of the Short Pravda does not yet know the popular uprisings of 1068-1071. and double supers (80 hryvnias), it is not yet said about court fees in favor of the prince, legal privileges have not yet been formed. The crime itself is understood only as murder or damage to health, person and property. For the murder of people, regardless of social origin, 40 hryvnias are charged in favor of the next of kin of the victim. In Pravda Roskoy there is a remnant of the "people's court" - blood feud. Blood revenge
A generic custom, but in Pravda Roska it is limited by wounds - non-state legislation. The right to revenge was granted only to the next of kin. However, revenge could be replaced by a monetary equivalent (40 hryvnias), and without distinction of social status ("Rusyn was here equated with an outcast"). "Pravda Roskaya" limits the judicial and investigative process - the relevant institutions have not yet been formed in the state. Therefore, only close relatives are admitted to the right of revenge for the offense (bodily injury). Another reason for the restriction was to avoid lynching (v. 2). In other cases (property crimes), the investigative process is more complicated, that is, a code is allowed (an ancient judicial custom of establishing the identity of a criminal, in further legislation the code was developed). Pravda Roskaya does not yet know the system of evidence. The articles include only a witness who knows the circumstances of the crime - vidocq. Oaths (oaths - "companies") were also considered in court. After the pre-trial investigation, Art. 14 talks about harassment
Court of 12 husbands. The court on Pravda Roska distinguishes responsibility depending on the subjective side of the crime against the person (Articles 2 - 9). For example, in Art. 3, depending on the formal side of the case and on intent, a more severe punishment is provided than in Art. 2. Payment for hitting with a hook,
with a pole, a heavy bowl, four times more than for a simple beating due to the possible severe results of such a blow.
In Art. 1 and 5 refer to the infliction of grievous bodily harm. In two cases, a payment of 40 hryvnias and the right to revenge are provided.
This circumstance is explained by the fact that the victim became incapacitated and could not continue to support his family.
Inflicting moral harm was equated with inflicting bodily harm that did not entail a loss of working capacity (see, for example, for comparison, Articles 2, 3, 7). But Art. 8 already says that legal concepts distinguished illegal action from intention and an attempt to commit such, from threat of action, as well as the degree of consequences of a particular crime. Legal concepts also imply a moral point of view. For example, a fight can be explained by personal or other subjective reasons, therefore it is less punishable, but causing injury was already a serious crime.
Art. 9 seems to be very important, even conceptual. She talks about "company"
An oath at the conclusion of a contract or in a court dispute in the absence of witnesses ("vidoks"). "Rota" was also mentioned in the Russian - Byzantine treaties. Here, the "company" also has a meaning in criminal law. The article also implies that the Varangians and Kolbyag are foreigners, and it is more difficult for them to present witnesses than for the local population, hence the simplification of the investigation process.
Articles 10 - 17 reveal various subjective aspects of property crimes. In particular, Art. 10 proceeds from the simplified early state law on assistance to the victim in finding the missing thing (including the slave-servant). Finding something stolen in someone's house meant refusing to help the victim and was equated with theft. Basically, this law was applied
in relation to foreigners, it was easier for them to hide. Here the law provided that a foreigner might not know about social status and the intentions, actions of the servant who was in his house. Therefore, a three-day period was envisaged.
In general, the legislation provided for rather mild punishments for property crimes, mainly a fine of 3 hryvnia (without considering the consequences of theft for the victim) and compensation for damage to the victim. It is not for nothing that articles on property crimes were placed after the most serious
Criminal. This fact speaks of early statehood, "the absence of acute social contradictions, which is mainly characteristic of early feudalism. For example, Art. I, 12. For different circumstances of stealing a horse, the same punishment is provided - 3 hryvnia and compensation for the stolen (the same concept as in Article 10). But the articles give a different shade of crime. At the same time, Article 12 also protects the property of the neighboring community - "peace" ("vervi"). A slightly different shade of Article 17, where it is provided as voluntary admission of guilt and misleading the investigation. Article 13, as it were, supplements Article 10. It speaks of a code - an ancient judicial custom. The essence of the custom was as follows: the plaintiff had to "go to the end of the code" within one city. three degrees of the vault. The last suspect in the vault was considered a criminal. new and moral responsibility. Finally, only the litigants could participate in the summary - the plaintiff and the defendant (s).
Art. 14, in addition to the already mentioned Izvod (court of 12 husbands), speaks of a high level of legal concepts. The law provided that part of what was stolen during
the thief will be lost. Therefore, it was stipulated that everything stolen should be returned without a trace.
Article 15 also supplements Art. 10 and provides valuable information about the investigative process. The concept is as follows: after the implementation of the vault to the end (sometimes three alternate vaults were envisaged), the last suspect (thief) was discovered. As in Art. 13, the latter was obliged to reimburse all losses and instituted a new code, where he acted as the first plaintiff. Then the procedure was repeated up to three arches - and so on ...
Article 16 organically follows from the previous ones, but for the first time it speaks of a slave, and not a house slave - a servant. In feudal law, the slave is not responsible for his actions. Responsibility for the slave is borne by his master. In addition, the slave has no property, so property responsibility lies with his master. On the other hand, the custom of blood feud extends to the slave. This situation is due to the patriarchal nature of slavery (the slave was, as it were, a member of the family). However, the insult of a free servant is especially offensive. Therefore, even having received a fine of 12 hryvnias for a slave, the victim retained the right to revenge. But it was possible to take revenge (beat) the slave only outside the dwelling of his master, since the dwelling in Russia was inviolable. Without the permission of the owner, outsiders were not allowed into it.
So, the study of Old Russian law ends with Pravda Roska.
The document speaks of rather developed legal concepts, legal culture and the most frequent acts - domestic criminal offenses and theft. Crimes against church and state are not yet foreseen. The investigative process is adversarial, with a large share of the initiative of the litigants. The procedural side and the investigation, in particular, have not been developed. This is explained not only by the early statehood, but also by the role and responsibility of the community in the prevention of crimes.
If the crime was nevertheless committed, the responsibility of the active disclosure lay on the community.
In court, not only testimony took place, but also an oath ("company"), a duel ("field") and moral responsibility to the "world" ("vervyu"). This testifies to the importance of legal customs and human mentality in Ancient Russia.
Russkaya Pravda Extensive edition has come down to us in more than a hundred copies. The monument of law was discovered by A.I. Musin - Pushkin (1792), and I.N. Boltin (1788). The Extensive Pravda includes legal collections compiled for judges during the reign of Vladimir Monomakh (not earlier than 1113). These collections, known as "Merilo Righteous" and "Helmsman", are originally the "Court of Yaroslav Vladimirovich. Russian Law" (Articles 1 - 52) and "The Charter of Vladimir Monomakh" (Articles 53 - 121).
The sources of Vladimir Monomakh's codification were the norms of customary law, previous legislation (Brief Pravda) and extensive jurisprudence. It is sometimes believed that a kind of "codification" was carried out after the uprising of the Kiev lower classes against usurers in 1113. One way or another, the old legislation of the early state period no longer met the requirements of the time.
The new legislation testifies to a more developed legal system. Feudal law in the Expanded Truth is based on the legal privilege of one estate over another. Such privileges are called the legal term "privileges". There were no legal privileges in Pravda Roskoy - all free residents of Rus had equal rights and responsibility before the law. In the XII century. "Court of Yaroslav Vladimirovich" establishes legal privilege for representatives of the princely administration. The privileges are formulated in Art. 1, 3 and speak of a double fine of 80 hryvnia for the murder of the "prince's husband" or "tiun".
In the hereditary order, Art. 88 speaks of advantages for boyars and vigilantes. Article 87 does not provide for such privileges for smerds. In other contexts of the Extensive Truth, all categories of the free population (princes, boyars, princely men, tiuns, butlers, merchants, artisans, smerds, community members, etc.) belong to the privileged strata. Dependents, respectively, include purchases, ordinary people, slaves, etc. Articles 56 - 64, 120 - 121 speak of legal status this category of the population. Based on the rule of law, a more developed system of civil and legal norms is being built than before. The legislation protects the ownership of movable and immovable property. Articles 69-76, 79-84 provide for fines for
property crimes, and also regulate the procedure for transferring property under obligations and contracts.
At a high level in Ancient Russia there was a law of obligations (Articles 27, 30, 33 - 35, 54, etc.). Obligatory relations expired from causing damage to the property of another person and from contracts between subjects of private law. Therefore, all subjects of law - individuals, feudally independent (arts. 46, 66, 120 - 121). The Vast Truth does not yet know the obligations between an individual and the state. The law does not differentiate between civil and criminal liability - any liability is related to a specific crime. The next feature is the foreclosure not only on property, but also on the identity of the debtor or his family members. True, here "Russian Law" distinguishes on the subjective side mitigating circumstances (bona fide bankruptcy - see Articles 52, 54), therefore only intentional bankruptcy is considered a crime. For example, Art. 52, 53 speak of the right to sell into slavery a person who deliberately and repeatedly borrowed money and took the path of fraud. The Vast Truth talks about the forms of imprisonment
contracts of obligation. As a rule, such agreements were concluded orally, but with witnesses at the auction. In the absence of the correct form of conclusion of contracts of obligation, witnesses - rumors were allowed. In some cases, it was possible to refer to the testimony of a servant (see for more details Articles 45 - 46, 47, 50, 64).
The court of Yaroslav Vladimirovich distinguishes a number of contracts from which obligations expired. The text refers to contracts of purchase and sale (Articles 37, 38), loans (Articles 48, 50 - 55), lending (Articles 48 - 49.51), personal employment (Articles 54, 57, 104, 105, etc. ,), storage - luggage (Art. 49, 54, 55), orders (Art. 47, 111). The lease agreement is most fully regulated here. An ordinary loan, a loan between merchants, a self-pledged loan, and also a long-term and short-term loan are determined by the type.
Inheritance and family law are governed by Art. 85, 87 - 102. The inheritance could be according to the law (without a will) and according to a will (spiritual literacy). The advantage in inheriting the court received younger son... This legal custom was noted among many peoples: the Scythians, the ancient Slavs. He also exists in Russian Pravda. Illegitimate children from a slave concubine did not enter into inheritance rights. The spouse (widow) also did not enter into inheritance rights. Basically, family law was built in accordance with customs and church canons. The age of marriage was determined at 12-13 years for the bride and 14-15 years for the groom. The church considered acts of civil status.
Family law is directly related to the Charter of Prince Yaroslav the Wise on church affairs. Monument of law (discovered at the end of the 18th century)
is a continuation of the Charter of Prince Vladimir, but unlike its predecessor, it not only defines the competence of the church court, but also contains the rules governing marriage - family relationships... In particular, the law prohibits marriages between representatives of different religions, restricts divorce,
and also contains articles related to social norms.
In Russkaya Pravda, great importance is attached to criminal law. The name of the criminal law comes from the terms associated with the word "head", for example, responsibility "for the head" (murder).
The legal system of Ancient Russia knows two types of crimes - against the person and property. Unlike the previous edition, the legislation knows complicity in a crime - accomplices were punished in the same way, regardless of the measure of guilt (Articles 41 - 43). New in the legislation is the statute of limitations for the crime; perhaps, the absence of the event of the crime was also different (Art. 18). In the "Court of Yaroslav Vladimirovich", articles were developed that concretize the subjective side of the crime. There is still no distinction between intent and negligence, but there is a distinction between direct and indirect intent in the case of responsibility for domestic murder (Articles 35, 67, 84) and robbery. At the same time, the suspicion of murder could be challenged by providing seven witnesses, while in other cases three were required (Article 17).
Murder, from the point of view of Russian Truth, the charters and letters of princes, church canons, is not only the gravest crime, but also a mortal sin. In order not to answer murder for murder, Art. 2, 65 abolish the death penalty and replace it with "flood and plunder" - that is, expulsion from the rope (outcast) with complete confiscation of property. At the same time, the Church imposed a penance. The guilty person could be turned into slavery.
Theft (tatba) was listed next after murder and robberies due to social danger. The most serious theft in the Expanded Truth is horse stealing. Articles 31, 32 on this crime appear immediately after the articles on crimes against the person and dignity of people. The penalty for horse stealing was 3 hryvnia (see also Article 81). Highly
arson (Art. 80), destruction of boundary marks (Art. 69 - 71), crops, agricultural products, land and crafts (Art. 65 - 73, 77 - 80) were considered dangerous crimes. For merchants and carriers, a boat was a source of livelihood. In addition, it is technologically complex and expensive to manufacture. There are several types of fines provided here (Article 76). Almost all crimes were punished with fines (except for the flow and plunder, outlaw, extrajudicial reprisals (for theft) and cases of blood revenge). The amount of the fine varied depending on the crime. There are several types of fines. "Sale" is a criminal fine in favor of the prince (in the previous edition, this fine was not). Vira meant compensation for harm to the victim (headache) - Art. 10 - 17. The most severe punishment here was "wild vera" (vv. 6, 8) - it was paid by the whole line. In addition to vira, or independently, a "lesson" could be assigned - a value equivalent in case of loss of stolen property, or payment for murder (Articles 11 - 17). The lesson was paid to the injured party.
The church often intervened in criminal cases (see charters and statutes). The church defined punishment as penance, corporal punishment, or imprisonment ("cage"). According to church statutes, not only a criminal sanction (by the state), but also an ecclesiastical sanction (a punishment determined by the church) was imposed for the abduction of a bride ("the umychka"); the law also provided for civil - legal liability to the bride's parents.
Trial. V Old Russian state the highest the judiciary possessed by the prince, there were no restrictions on the competence of this court. The trial, according to the Extensive Pravda, was held in the "Prince's court" - not only the residence of the prince, but also the place where the judges and tiuns (assistants to the governors) sat. The governors of the prince - "posadniks" also had the right of court. Some of them complained about the right to court without reporting to the prince.
for the most dangerous crimes (murder, robbery, crime).
The earliest form of litigation was the community court, in which the plaintiff and the defendant competed. Initially, the community court of "good people" considered both criminal and civil cases. However, as the prince's power was strengthened, the competence of the community court was limited to civil claims. To a greater extent, the community court was preserved in Novgorod and in Pskov, where the veche court (a kind of community) took place.
In Ancient Russia, according to the "Court of Yaroslav Vladimirovich", there was no distinction between civil and criminal proceedings. The process itself was open and adversarial. The process began from the moment of his announcement for the auction - "for - a cry" (Art. 32, 34). The next step was a set - confrontation and litigation of the parties (Articles 35 - 39). Then came the rule "to go to the end of the vault" within one city and "to the third vault" outside the city. The last suspect was considered a criminal and could, in turn, declare a "call", etc. In addition to this old custom, a consequence was also applied - "persecution of the trace" (v. 77). The search for the offender could be carried out independently, by the forces of the injured party. Witnesses were also involved. In addition to the already known "vidaks", "rumors" are also mentioned (vv. 47 - 50). The oath was also applied (Article 47). As evidence, obvious ones are mentioned: traces of beatings, injuries, etc. - Art. 29, 31, 67, 68.
In the Expanded Truth, it is already said about formal proofs ("hordeals"). In such cases, the matter was decided by an armed duel ("field"), a "test with iron" was carried out. The litigants took the red-hot metal in their hands - whoever withstood this "test - God's judgment" - he was considered right (vv. 22, 85 - 87). The formal proof system refers to "field". The winner in the duel ("in the field") was declared the winner of the case. However, the church opposed such a duel and threatened the litigants in an armed duel with anathema.
The "company" (oath) is considered a separate type of formal evidence. The one who swears on the Scriptures (and before that by the pagan gods) affirmed or denied any event, and the court had to be based on this, in essence, formal proof.
"Virniks" were the executors of the judgment. They had to recover the established "virus" (fine) from the culprit. However, the system of execution of punishments according to the available sources of the era of Russian Truth is not traced.
1. If the husband kills the husband, then the brother avenges the brother, or the son for the father, or the son of the brother, or the son of the sister; if no one takes revenge, then 40 hryvnia for the killed.
If the killed is a Rusyn, or Gridin, or a merchant, or a sneak, or a swordsman, or an outcast, or Slovenia, then 40 hryvnias must be paid for him.
2. If someone is beaten to the point of bleeding or bruising, then he does not need to look for a witness, if there are no marks (beatings) on him, then let him bring a witness, and if he cannot (bring a witness), then the case is over. If (the victim) cannot avenge himself, then let him take 3 hryvnia from the guilty person for the offense, and the doctor's fee.
3. If someone hits someone with a stick, pole, palm, bowl, horn or rear of the weapon, pay 12 hryvnia. If the victim does not overtake that (the offender), then pay, and this is the end of the matter.
4. If you strike with a sword without removing it from its scabbard, or with the hilt of a sword, then 12 hryvnia for an offense.
5. If it hits the hand, and the hand falls off, or dries up, then 40 hryvnia, and if (hits the leg), and the leg remains intact, but begins to limp, then the children (the victim) take revenge. 6. If someone cuts off any finger, then he pays 3 hryvnia for the offense.
7. And for a mustache 12 hryvnia, for a beard 12 hryvnia.
8. If someone takes out the sword, and does not strike, then he pays the hryvnia.
9. If the husband pushes the husband from himself or to himself - 3 hryvnia - if he brings two witnesses to the court. And if it is a Varangian or a kolbyag, then he will be sworn in.
10. If a slave runs and hides with a Varangian or a kolbyag, and they will not take him out within three days, but find him on the third day, then the master will take away his slave, and 3 hryvnia for an offense.
11. If someone rides someone else's horse without asking, then pay 3 hryvnia.
12. If someone takes someone else's horse, weapon or clothing, and the owner identifies the missing person in his community, then he will take his own, and 3 hryvnia for the offense.
13. If someone recognizes someone (his missing thing), then he does not take it, do not tell him - it is mine, but tell him this: go to the vault, where you took it. If he does not go, then let (introduce) the guarantor within 5 days.
14. If someone collects money from another, and he refuses, then 12 people will go to his court. And if he, deceiving, did not give, then the plaintiff can (take) his money, and for an insult 3 hryvnia.
15. If someone, recognizing a slave, wants to take him, then lead the master of the slave to the one from whom the slave was bought, and let him lead to another seller, and when he reaches the third, then tell the third: give me your slave, and you look for your money in front of a witness.
16. If a slave hits a free husband and runs away to his master's mansion and he begins not to betray him, then take the slave and the master pays 12 hryvnia for him, and then, where the slave finds that hit man, let him beat him.
17. And if someone breaks a spear, a shield or spoils clothes, and the spoiled one wants to keep it, then take money from him; and if the one who spoiled it begins to insist (on the return of the spoiled thing), pay in money how much the thing is worth.
True, set for the Russian land, when the princes Izyaslav, Vsevolod, Svyatoslav and their husbands Kosnyachko, Pereneg, Nikifor Kievlyanin, Chudin, Mikula gathered.
18. If a fireman is killed deliberately, then the killer will pay 80 hryvnia for him, but the people will not pay; and for the prince's driveway 80 hryvnia.
19. And if they kill the fire-dweller in a robber way, and people do not look for the murderer, then the worm pays the worm where the murdered person is found.
20. If they kill a fireman at a cage, at a horse, or at a herd, or during the collapse of a cow, then kill him like a dog; the same law applies to the tiun.
21. And for the prince's tiun 80 hryvnia, and for the head groom with the herd also 80 hryvnia, as Izyaslav decreed when the darlings killed his groom.
22. Pay 12 hryvnia for a princely village headman or a field headman, and 5 hryvnia for a princely ryadovich.
23. And for the killed smerd or slave 5 hryvnia.
24. If a slave-nurse or breadwinner is killed, then 12 hryvnia.
25. And for a prince's horse, if he has a spot, 3 hryvnia, and for a horse smerda 2 hryvnia.
26. For a mare 60 cuts, for an ox hryvnia, for a cow 40 cuts, for a three-year-old cow 15 kunas, for a one-year-old half a hryvnia, for a calf 5 cuts, for a lamb leg, for a ram leg.
27. And if he takes away someone else's slave or slave, then he pays 12 hryvnia for the offense.
28. If a husband comes in blood or bruises, then he does not need to look for a witness. 46
29. And whoever steals a horse or an ox, or steals a cage, if he was alone, then he pays a hryvnia and 30 is cut; if there were 10 of them, then each of them pays 3 hryvnia and 30 rezan.
30. And for the princely fight 3 hryvnia, if burned out or broken.
31. For torturing a stinker, without a princely command, for insult 3 hryvnia.
32. And for a fireman, tiun or swordsman 12 hryvnia.
33. And whoever plows the field boundary or spoils the boundary mark, then 12 hryvnia for an insult.
34. And whoever steals the rook, then for the rook pay 30 rezan (to the owner) and 60 rezan of the sale.
35. And for a pigeon and a chicken 9 kn.
36. And for a duck, a goose, a crane and a swan to pay 30 rezans, and 60 rezans for sale.
37. And if they steal someone else's dog, or a hawk, or a falcon, then for an insult 3 hryvnia.
38. If they kill a thief in their yard, or at the cage, or at the barn, then he is killed, if the thief is kept until dawn, then bring him to the prince's court, and if they kill him, and people saw the thief tied up, then pay yes to him. ...
39. If hay is stolen, then pay 9 kunas, and 9 kunas for firewood.
40. If they steal a sheep, or a goat, or a pig, and 10 thieves have stolen one sheep, let each pay 60 cut sales.
41. And the one who grabbed the thief receives 10 rezan, from 3 hryvnia to the swordsman 15 kunas, for a tithe 15 kunas, and to the prince 3 hryvnias. And out of 12 hryvnias, the one who caught the thief is 70 kunas, and the tithe is 2 hryvnias, and the prince is 10 hryvnias.
42. And here is the virginal charter: for a virnik to take 7 buckets of malt for a week, also a ram or half a steak of meat, or 2 legs, and on Wednesday I'll cut it for three cheeses, on Friday so. the same; and bread and millet, as much as they can eat, and two chickens for a day. And put 4 horses and give them as much food as they can eat. And the virnik take 60 hryvnia and 10 rezan and 12 veverits, and first the hryvnia. And if fasting happens, give the virnik a fish, and take 7 rezan for the fish. All that money is 15 kunas per week, and they can give as much flour as they can eat while the virniks collect vira. Here is Yaroslav's charter.
43. And here is the charter for bridges: if a bridge is paved, then take a foot for work, and from each abutment of a bridge along a foot; if the dilapidated bridge is repaired by several daughters, 3, 4 or 5, then also.
"Russkaya Pravda" is one of the main historical sources, revealing the events that took place in Kievan Rus in X- XI centuries. It is also the main monument of the law of this state. It contains information about
features government controlled;
management personnel, which was under the prince
on the local management system;
on the protection of the rights of people belonging to the upper classes;
payment for various services rendered by them to ordinary members of the community.
Historians are aware of three editions of Russkaya Pravda. The author of the first edition, known as "Kratkaya Pravda" or "Pravda Roska", is considered to be Prince Yaroslav Vladimirovich (Wise) and his sons, Yaroslavichi (Izyaslav Kievsky, Oleg Chernigovsky, Vsevolod Pereyaslavsky). The time of its compilation - XI century.
"Brief Truth" contains forty-three articles and is divided into three large parts.
1. "Pravda Yaroslav" or " The Oldest Truth"(From the first to the eighteenth articles; contains information about the princely officials, about the basic laws, about the types of punishment for various crimes).
2. "Pravda Yaroslavichi" (from the nineteenth to forty-first articles; contains information about the basic norms of criminal and procedural law; articles protecting feudal property and the very system of the early feudal state).
3. "Charter virny" and "Lesson of the bridge" (contains information about the content of the princely officials who were responsible for the collection of vira (penalty tax) and the construction of bridges).
The second edition is called "Spatial Truth". It was compiled in XII - XIII centuries. One of the most famous authors of this edition is Vladimir Monomakh (the “Charter” drawn up by him became a part of “Prostrannaya Pravda”). Other princes-Rurikovich, the rulers of the largest principalities, also took part in drawing up this document.
"Spread Truth" consists of 121
article and is divided into six parts.
1. The first part (articles with 1
to 46) is the fruit of the collective labor of the princes who participated in the Lubich Congress in 1097
year.
2. The second part (articles with 47
by 52) belongs to the pen of Svyatopolk Izyaslavovich, who ruled in Kiev and patronized the usurers (regulates the procedure for various financial transactions).
3. The third part (with 53
by 66) - this is the "Charter" of Vladimir Monomakh (regulates various contractual relationship between feudal lords and smerds).
4. The fourth part (with 67
85) belongs to Vsevolod Olgovich, Prince of Chernigov.
5. The fifth part (with 85
106) compiled by the same Vsevolod, Prince of Chernigov.
6. The sixth part (with 106
121) compiled by Vsevolod Yuryevich, Prince Vladimro-Suzdal (son of Yuri Dolgoruky).
The author of the third edition of "Russkaya Pravda" - "Abridged Pravda", referring to XVII century, is not known. Based on the text, we can conclude that a certain government official worked on it, who faced a rather difficult task - to select from a large volume of articles those legal norms that were still in force at that time. That is, he tried to give the ancient monument of law a more modern look.
