What is Russian truth in ancient Rus'. Origin of Russian Truth. - Judicial rule. - Difference by class. – Economy and trade. - Woman. - Foreigners. The structure of "Russian Truth"

Russian Truth, short edition. The most important legal source of the Old Russian state is Russian Truth.

The texts of Russian Pravda have survived to this day in more than a hundred copies. Conventionally, Russian Truth 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 specifics.

Social relations of the early period of the Old Russian state are reflected in the Russian Pravda in a brief edition (Kratkaya Pravda). The Brief Truth was preserved in two lists and placed in the Novgorod Chronicle. This edition (KP) consists of “Pravda Roska” by Yaroslav the Wise (Articles 1 - 17); “The Truth of the Russian Land” by the sons of Yaroslav the Wise (vv. 18 - 41); "Pokon Virny" by Yaroslav the Wise

and the "Charter of Bridge Workers". It is believed that the Brief Truth was finally formalized in 1068 - 1071.

The oldest part of the Brief Truth does not yet know the popular uprisings of 1068 - 1071. and double vir (80 hryvnia), there is no mention yet of court fees in favor of the prince, legal privileges have not yet been formed. The crime itself refers only to murder or damage to health, person and property. For the murder of people, regardless of social origin, 40 hryvnia is charged in favor of the immediate relatives of the murdered person. In Pravda Roskaya there is a relic of the “people's court” - blood feud. Blood feud

A tribal custom, but in Pravda Roskaya it is limited by non-state legislation. The right of revenge was granted only to immediate relatives. However, revenge could be replaced by a monetary equivalent (40 hryvnia), without distinction of social status (“Rusyns here were equated with an outcast”). "Pravda Roskaya" limits the judicial and investigative process - the corresponding institutions have not yet been formed in the state. Therefore, only close relatives are allowed to have the right to take revenge for an insult (physical injury). Another reason for the restriction was to avoid lynching (Article 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 the criminal; the code was developed in later legislation). "Pravda Roskaya" does not yet know the system of evidence. The articles include only a witness who knows the circumstances of the crime - the vidocq. Oaths (oaths - “rotas”) were also considered in court. After the pre-trial investigative process Art. 14 speaks of persecution

The court has 12 husbands. The court, according to Pravda Roska, distinguishes liability 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 the intent, a more severe punishment is provided than in Art. 2. Fee for hitting with a hook,

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 fee of 40 hryvnia and the right to revenge are provided.

This circumstance is explained by the fact that the victim became incapacitated and could no longer support his family.

The infliction of moral harm was equivalent to the infliction of bodily injuries that did not result in loss of ability to work (see, for example, for comparison, Articles 2, 3, 7). And here is Art. 8 already suggests that legal concepts distinguished an unlawful action from an intention and attempt to commit one, from a 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, and therefore is less punishable, but causing injury was already a serious crime.

Art. 9 seems very important, even conceptual. She talks about "rota"

An oath when concluding a contract or in a legal dispute in the absence of witnesses ("vidoks"). "Company" was also mentioned in Russian-Byzantine treaties. Here, “company” also has a meaning in criminal law. The article also implies that the Varangians and Kolbyags are foreigners, and it is more difficult for them to present witnesses than for the local population, hence the simplification of the investigative process.

Articles 10 - 17 reveal various subjective aspects of property crimes. In particular, Art. 10 comes from simplified early state law on assistance to the victim in finding the missing thing (including a slave - a servant). Finding stolen property in someone's house meant refusing to help the victim and was equated to theft. This law was mainly 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 and actions of those who were in his house (servant). Therefore, a three-day period was provided.

In general, the legislation provided for rather lenient 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’s not for nothing that articles on property crimes are placed after the most serious ones.

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 various circumstances of horse theft, the same punishment is provided - 3 hryvnias and compensation for the stolen goods (the same concept as in Article 10). But the articles give a different connotation of the crime. At the same time, Article 12 also protects the property of the neighboring community - the “world” (“vervi”). Article 17 has a slightly different connotation, which provides for both 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. In total, it was implied three degrees of the code. The last suspect in the code was considered a criminal. (The code was later developed in the Dimensional Pravda.) In addition, the article talks about the institution of surety. In this case, the guarantor also bore material and moral responsibility. Finally, only litigants—the plaintiff and the defendant(s)—could participate in the code.

Art. 14, in addition to the already mentioned Exposition (the trial of 12 husbands), speaks of a high level of legal concepts. The law provided that part of what was stolen while in possession

the thief will be lost. Therefore, it was stipulated that the stolen goods must be returned without reserve.

Article 15 also complements Art. 10 and provides valuable insight into the investigative process. The concept is as follows: after the execution of the code to the end (sometimes three alternate codes were provided), the last suspect (the thief) was discovered. As in Art. 13, the latter was obliged to compensate for all losses and initiated a new case, where he acted as the first plaintiff. Then the procedure was repeated up to three vaults - and so on...

Article 16 organically follows from the previous ones, but for the first time it speaks of a slave, and not of a house slave - a servant. In feudal law, a slave is not responsible for his actions. The responsibility for a slave lies with his master. In addition, a slave does not have property, so property responsibility lies with his master. On the other hand, the custom of blood feud applies to the slave. This situation is due to the patriarchal nature of slavery (the slave was like a member of the family). However, insulting a free slave is especially offensive. Therefore, even having received a fine of 12 hryvnia for a slave, the victim reserved the right to revenge. But it was possible to take revenge (beat) on a slave only outside the home of his master, since the home in Rus' was inviolable. Outsiders were not allowed into it without the owner's permission.

So, the study of ancient Russian law ends with Pravda Roska.

The document talks about fairly developed legal concepts, legal culture and the most common acts - domestic criminal offenses and theft. Crimes against the church and state are not yet provided for. 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 early statehood, but also by the role and responsibility of the community in crime prevention.

If a crime was nevertheless committed, the community had the responsibility to actively solve it.

In court, not only witness testimony took place, but also an oath ("company"), a duel ("field") and moral responsibility to the "world" ("rope"). This testifies to the importance of legal customs and human mentality in Ancient Rus'.

The Russian Truth of the Long Edition has reached us in more than a hundred copies. The monument of law was discovered by A.I. Musin - Pushkin (1792), and commented by 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 “The Righteous Standard” and “The Helmsman”, originally read “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 customary law, previous legislation (Kratkaya Pravda) and extensive judicial practice. It is sometimes believed that a kind of “codification” was carried out after the uprising of the Kyiv lower classes against moneylenders 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 indicates a more developed legal system. Feudal law in Spatial Pravda is based on the legal privilege of one class over another. Such privileges are called legal privileges. There were no legal privileges in Pravda Roskaya - all free residents of Rus' had equal rights and responsibility before the law. In the 12th century. The "Court of Yaroslav Vladimirovich" establishes legal privileges for representatives of the princely administration. The privileges are formulated in Art. 1, 3 and talk about a double fine of 80 hryvnia for the murder of a “prince’s husband” or “tiun”.

In hereditary order Art. 88 speaks of benefits for boyars and warriors. Article 87 does not provide for such privileges for smerds. In other contexts of the Extensive Truth, the privileged strata include all categories of the free population (princes, boyars, princely men, tiuns, butlers, merchants, artisans, smerdas, community members, etc.). Dependents, respectively, include purchases, rank and file, slaves, etc. Articles 56 - 64, 120 - 121 talk about legal status this category of the population. Based on legal privileges, a more developed system of civil legal norms than before is being built. Legislation protects the right of 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 Rus' there was law of obligations(Articles 27, 30, 33 - 35, 54, etc.). Obligatory relations arose 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 (Articles 46, 66, 120 - 121). The Extensive Truth does not yet know the obligations between a private individual and the state. The legislation does not differentiate between civil and criminal liability - any liability is related to a specific crime. The next feature can be called foreclosure not only on property, but also on the person of the debtor or members of his family. True, here the “Russian Law” distinguishes mitigating circumstances on the subjective side (bona fide bankruptcy - see Articles 52, 54), therefore only intentional bankruptcy is considered a crime. For example, Art. 52, 53 talk about the right to sell into slavery a person who has deliberately and repeatedly borrowed money and has embarked on the path of fraud. The Vast Truth speaks about the forms of conclusion

obligatory contracts. As a rule, such agreements were concluded orally, but in the presence of witnesses at the auction. In the absence of the correct form for concluding obligatory contracts, hearsay witnesses were allowed. In some cases, it was possible to refer to the testimony of a slave (see for more details Art. 45 - 46, 47, 50, 64).

The court of Yaroslav Vladimirovich distinguishes a number of agreements from which obligations expired. The text talks about contracts of purchase and sale (Articles 37, 38), loans (Articles 48, 50 - 55), lending (Articles 48 - 49,51), personal hiring (Articles 54,57,104, 105, etc. ,), storage - luggage (Articles 49, 54, 55), orders (Articles 47, 111). The lease agreement is most fully regulated here. By type, a regular loan, a loan between merchants, a loan with self-mortgage are determined, as well as by duration - long-term and short-term.

The right of inheritance and family law are regulated by Art. 85, 87 - 102. Inheritance could be by law (without a will) and by will (spiritual charter). Received advantage when inheriting a court younger son. This legal custom was noted among many peoples: the Scythians, the ancient Slavs. It is also in Russkaya Pravda. Illegitimate children from a slave-concubine did not enter into inheritance rights. The spouse (widow) also did not enter into the right of inheritance. Basically, family law was built in accordance with customs and church canons. The marriageable age was determined to be 12 - 13 years for the bride and 14 - 15 years for the groom. The church examined the civil status acts.

The Charter of Prince Yaroslav the Wise on church affairs is directly related to family law. 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 rules governing marriage family relationships. In particular, the law prohibits marriages between representatives of different religions, limits divorce,

and also contains articles related to social norms.

Great importance is given to criminal law in Russian Pravda. The name criminal law comes from terms associated with the word "head", for example, responsibility "for the head" (murder).

The legal system of Ancient Rus' knows two types of crimes - against person and property. Unlike the previous edition, the legislation recognizes complicity in a crime - accomplices were punished equally, regardless of the degree of guilt (Articles 41 - 43). What is new in the legislation is the statute of limitations for the crime; perhaps the absence of a crime event also differed (Article 18). In the "Court of Yaroslav Vladimirovich" articles were developed that specified the subjective side of the crime. There is still no difference between intent and negligence, but there is a difference between direct and indirect intent in the case of liability for domestic murder (Articles 35, 67, 84) and robbery murder. Moreover, the suspicion of murder could be challenged by presenting seven witnesses, while in other cases three were required (Article 17).

Murder, from the point of view of Russian Truth, the statutes and charters of princes, and church canons, is not only a grave crime, but also a mortal sin. In order not to respond with murder to murder, Art. 2, 65 abolishes the death penalty and replaces it with “flow and plunder” - that is, expulsion from the rope (outcast) with complete confiscation of property. The Church imposed penance at the same time. The culprit could be enslaved.

The next social danger after murder and robbery was theft (tatba). The most serious theft in Dimensional Truth is horse theft. Articles 31 and 32 about this crime are immediately after the articles about crimes against the personality and dignity of people. The fine for horse theft was 3 hryvnia (see also Art. 81). Very

Arson (Article 80), destruction of boundary signs (Articles 69 - 71), crops, agricultural products, land and crafts (Articles 65 - 73, 77 - 80) were considered dangerous crimes. For merchants and carriers, the source of livelihood was the boat. In addition, it is technologically complex and expensive to manufacture. There are several types of fines here (Article 76). Almost all crimes were punished with fines (except for robbery and robbery, exile, extrajudicial execution (for theft) and cases of blood feud). The fines 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 present). Vira implied compensation for harm to the victim (golovnichestvo) - Art. 10 - 17. The most severe punishment here was “wild vira” (vv. 6, 8) - the whole rope paid it. In addition to the vira or independently, a “lesson” could be assigned - a cost equivalent in the event 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 charters). The church defined punishment as penance, corporal punishment or imprisonment (“cage”). According to church statutes, for the abduction of a bride (“umychka”), not only a criminal sanction (the state) was imposed, but also a church sanction (punishment determined by the church); the law also provided for civil liability to the bride’s parents.

Trial. IN Old Russian state highest judiciary possessed by the prince, there were no restrictions on the competence of this court. The trial, according to the Extensive Truth, took place in the “Prince’s Court” - not only the residence of the prince, but also the place where judges and tiuns (assistants to governors) sat. The prince's governors, the "posadniki", also had the right to court. Some of them complained about the right to trial without reporting to the prince

for the most dangerous crimes (murder, robbery, theft).

The earliest form of litigation was the community court, in which plaintiff and defendant competed. Initially, the community court of "good people" heard both criminal and civil cases. However, as the prince's power strengthened, the competence of the community court was limited to civil claims. To a greater extent, the community court was preserved in Novgorod and Pskov, where the veche court (a type of community court) took place.

In Ancient Rus', 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 it was announced at the auction - “for - cry” (Articles 32, 34). The next stage was the summary - confrontation and litigation of the parties (Articles 35 - 39). Next came the rule “to go to the end of the arch” within one city and “to the third arch” outside the city. The last suspect was considered a criminal and could, in turn, announce a “cry,” etc. In addition to this old custom, a consequence was also used - “persecution of the trace” (v. 77). The search for the criminal could be carried out independently, by the injured party. Witnesses were also brought in. In addition to the already known “videos,” “rumors” are also mentioned (vv. 47 - 50). An oath was also used (Article 47). Obvious evidence is mentioned as evidence: traces of beatings, injuries, etc. - Art. 29, 31, 67, 68.

The Dimensional Truth already speaks of formal evidence (“ordeals”). In such cases, the matter was decided by armed combat (“field”), and a “test with iron” was carried out. The litigants took hot metal into their hands - whoever withstood this “test - God's judgment” - was considered right (vv. 22, 85 - 87). In the formal proof system, a "field" is mentioned. The winner in the duel (“in the field”) was recognized as winning the case. However, the church opposed such a duel and threatened those litigants in an armed duel with anathema.

A separate type of formal evidence is considered to be the “rota” (oath). The one who swears on Scripture (and before that on pagan gods) affirmed or denied any event, and the trial had to be based on this essentially formal evidence.

The executors of the court decision were the “virniks”. They had to collect the established “vira” (fine) from the culprit. However, the system of execution of punishments cannot be traced according to the available sources from the era of Russian Truth.

“Russian Truth” became the first legislative code in Rus'. For future generations, this document was a valuable source of information about life in those days. All subsequent laws were based on the ideas of “Russian Truth”.

How did Russkaya Pravda appear?

In the times of Yaroslav the Wise, the familiar word “truth” meant not only truth. Its main meaning in that era was law and charter. That is why the first set of rules was called “Russian Truth” (year of creation - 1016). Until this time, everything was based on pagan morality, and later on the Byzantine church religion.

The laws of “Russian Truth” should have appeared for several reasons. Firstly, judging in Rus' at that time consisted of Greeks and southern Slavs. They were practically not familiar with Russian customs in jurisprudence. Secondly, old Russian customs contained norms of pagan law. This did not correspond to the new morality based on new religious principles. Therefore, the introduced institution of church courts and the adoption of Christianity became the main factors due to which written laws were created. That is why “Russian Truth” took shape without much participation from the principality. But the church jurisdiction acted as an active compiler of this unique document.

There is controversy about the place where “Russian Truth” was first released. Some researchers say that it happened in Novgorod, others are sure that it happened in Kyiv.

Unfortunately, “Russkaya Pravda,” the text of which included legislative articles on criminal and commercial matters, underwent changes. And the original presentation has not survived to this day.

The year of creation of “Russian Truth”, according to historians, is 1016. Although none of the researchers can provide reliable information. Until 1054, all laws were collected in one book on the initiative of Yaroslav the Wise. It contained legislative articles relating to the following issues:

• criminal law;
• work of the court;
• social status of citizens.

The structure of "Russian Truth"

Despite the fact that the year of creation of “Russian Truth” is 1016, one copy of it, which dates back to 1280, has survived to this day. This is the oldest copy found to date. And the first text appeared in print in 1738 thanks to the Russian historian V.N. Tatishchev.

“Russian Truth” has several options for presentation:

• brief;
• extensive;
• abbreviated.

The very first of them is the oldest version.

The short version contains 4 documents. They included 43 articles. They are dedicated to state traditions in Rus', including old customs like blood feud. Pravda also lays out the rules for paying fines and what they should be collected for. In this case, the punishment was determined based on the criminal. The document was distinguished by the absence of a differentiated approach to determining the amount of fines.

In a more complete version, “Russian Truth”, the text of which contains approximately the statutes of Yaroslav the Wise and Vladimir Monomakh. This option is called "Extensive Truth". It is already clearly defined here that feudal lords are endowed with privileges, which cannot be said about serfs. The articles determined legal relations when determining any property, when transferring it to inheritance and concluding various contracts. In this version, codes of law were also used by ecclesiastical and civil courts to punish criminals.

"Abridged Truth"

This is the latest version, which was fully formed by the middle of the 15th century. It was created on the basis of the "Dimensional Truth".

There would be no original sources of the code of law if there were no foundation for its creation. In this case, such sources were “Brief Truth” and “Long Truth”.

Crimes and Punishments

The Grand Duke, together with his sons, established laws by which one should live, and prescribed all possible punishments for various crimes.

What was new was that the custom called “blood feud” was abolished. happened not in the year of the creation of Russian Pravda, but a little later. The murder had to be punished according to the law.

At the same time, the prince's entourage and the princes themselves received more lenient punishments than people without “clan and tribe.”

Fines were imposed for many crimes. For serious offenses the punishments were severe. The family could be expelled along with the culprit from settlement, and the property was confiscated. These punishments were used for arson and horse theft.

When making a decision, the court attached great importance to the testimony of witnesses. They were then called “rumours”.

The document separated intentional murder from unintentional murder. It preserved Fines were imposed in various monetary denominations.

"Russian Truth" determined the procedure for holding trials: in what place they should take place, who participates in them, where criminals will be kept and how they should be tried.

The significance of the document for contemporaries

The year of creation of “Russian Truth” cannot be stated unambiguously. It was constantly being supplemented. However, regardless of this, the book is of great importance both for historians studying the era of Yaroslav the Wise and for future generations. After all, it contains so much interesting knowledge about initial stage development of Kievan Rus.

Many words in modern law have much in common with the first legal document. For example, “criminal”: in “Russkaya Pravda” the killer was called “golovnik”, and the murdered person in the document was called “head”.

In addition, the laws of "Russian Truth" give us an idea of ​​the life of the principality and the common people at that time. Superiority is clearly visible here ruling class over slaves and servants. This was so favorable for the principality that articles of Russian Pravda were used in new legal collections until the 15th century.

The fundamental replacement for Pravda was the Code of Laws of Ivan III, which was published in 1497. But this does not mean that he radically changed legal relations. On the contrary, all subsequent court documents were formed exclusively on Russkaya Pravda.

1. If a husband kills his husband, then brother takes revenge on brother, or son on father, or son on brother, or son on sister; if no one takes revenge, then 40 hryvnia for the person killed.

If the person killed is a Rusyn, or a Gridin, or a merchant, or a sneak, or a swordsman, or an outcast, or from Slovenia, then 40 hryvnia must be paid for him.

2. If someone is beaten to the point of blood or bruises, then he does not need to look for a witness, but if there are no marks (of beatings) on him, then let him bring a witness, and if he cannot (bring a witness), then the matter is over. If (the victim) cannot take revenge for himself, then let him take 3 hryvnia from the perpetrator for the offense, and payment to the doctor.

3. If anyone hits someone with a stick, pole, palm, bowl, horn or the back of a weapon, pay 12 hryvnia. If the victim does not catch up with the one (the offender), then pay, and that’s the end of the matter.

4. If you hit with a sword without taking it out of its sheath, or with the hilt of a sword, then 12 hryvnia for the offense.

5. If he hits the hand and the hand falls off or withers, then 40 hryvnia, and if (he hits the leg) and the leg remains intact, but begins to limp, then the children (of the victim) take revenge. 6. If anyone cuts off any finger, he pays 3 hryvnia for the offense.

7. And for a mustache 12 hryvnia, for a beard 12 hryvnia.

8. If someone draws a sword and does not hit, then he pays a hryvnia.

9. If the husband pushes the husband away from him or towards him - 3 hryvnia - if he brings two witnesses to the trial. 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 do not bring him out within three days, but discover him on the third day, then the master will take away his slave, and 3 hryvnia for the offense.

11. If anyone 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 should take what is his, and 3 hryvnia for the offense.

13. If someone recognizes (his missing thing) from someone, then he does not take it, do not tell him that it is mine, but tell him this: go to the vault where you took it. If he does not go, then let him (provide) a guarantor within 5 days.

14. If someone collects money from another, and he refuses, then he will go to court with 12 people. And if he, deceiving, did not give it back, then the plaintiff can (take) his money, and for the offense 3 hryvnia.

15. If someone, having identified a slave, wants to take him, then the master of the slave should lead him to the one from whom the slave was bought, and let him lead him 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 into the mansion of his master and he begins not to give him up, then take the slave and the master pays 12 hryvnia for him, and then, where the slave finds the hit man, let him beat him.

17. And if someone breaks a spear, shield, or spoils clothing, and the one who spoiled it wants to keep it for himself, then take it from him in money; and if the one who damaged it begins to insist (on the return of the damaged item), pay in money, how much the item is worth.

The truth laid down for the Russian land when the princes Izyaslav, Vsevolod, Svyatoslav and their husbands Kosnyachko, Pereneg, Nikifor of Kiev, Chudin, Mikula gathered.

18. If a fireman is killed intentionally, then the killer will have to pay 80 hryvnia for him, but people don’t pay; and for the princely entrance 80 hryvnia.

19. And if a fireman is killed like a robber, and people are not looking for the killer, then the vira is paid by the rope where the murdered person was found.

20. If they kill a fireman near a cage, near a horse, or near a herd, or when a cow is dying, then kill him like a dog; the same law applies to tiun.

21. And for the princely tiun 80 hryvnia, and for the senior groom of the herd also 80 hryvnia, as Izyaslav decreed when the Dorogobuzhites killed his groom.

22. For a princely village headman or a field headman, pay 12 hryvnia, and for a princely rank and file 5 hryvnia.

23. And for a killed scum or serf - 5 hryvnia.

24. If a slave-nurse or breadwinner is killed, then 12 hryvnia.

25. And for a princely horse, if it has a spot, 3 hryvnia, and for a stinking horse 2 hryvnia.

26. For a mare 60 kn, for an ox 40 kn, for a cow 40 kn, for a three-year-old cow 15 kn, for a one-year-old half a hryvnia, for a calf 5 kn, for a lamb nogat, for a ram nogat.

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 bleeding or bruised, 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 is cut 30; if there were 10 of them, then each of them pays 3 hryvnia and 30 rez.

30. And for the prince’s side 3 hryvnia if they burn it or break it.

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 a field boundary or spoils a boundary sign, then 12 hryvnia for the offense.

34. And whoever steals a rook, then pay 30 rezan (to the owner) for the rook and 60 rezan for the sale.

35. And for a pigeon and chicken 9 kunas.

36. And for a duck, goose, crane and swan you pay 30 rez, and 60 rez for sales.

37. And if someone else’s dog, or hawk, or falcon is stolen, then 3 hryvnia for the offense.

38. If they kill a thief in their yard, or at a cage, or at a stable, then he is killed, but if the thief is kept until dawn, then bring him to the prince’s court, and if he is killed, and people saw the thief tied up, then pay him .

39. If hay is stolen, then pay 9 kunas, and for firewood 9 kunas.

40. If a sheep, or a goat, or a pig is stolen, and 10 thieves steal one sheep, let each one pay 60 rez for the sale.

41. And the one who captured the thief receives 10 rez, 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 gets 70 kunas, and for the tithe, 2 hryvnias, and the prince gets 10 hryvnias.

42. And here is the virnica rule: for the virnik, take 7 buckets of malt for a week, also a lamb or half a carcass of meat, or 2 nogata, and on Wednesday, cut for three cheeses, on Friday the same. same; and as much bread and millet as they can eat, and two chickens per day. And put 4 horses and give them as much food as they can eat. And take 60 hryvnia for the virnik and 10 rez and 12 vereveritsa, and first the hryvnia. And if fasting happens, give the virnik fish, and take him 7 rez for the fish. All that money is 15 kunas per week, and they can give as much flour as they can eat until the virniks collect the virins. Here's Yaroslav's charter for you.

43. And here is the rule for bridge workers: if they pave a bridge, then take a nogat for the work, and from each abutment of the bridge one nogat; if the dilapidated bridge is repaired by several daughters, 3, 4 or 5, then the same.

code of ancient Russian law of the era Kyiv State and feudal fragmentation of Rus'. Came down to us in lists of the 13th - 18th centuries. in three editions: Brief, Long, Abridged. The first information about the ancient Russian system of law is contained in the agreements of Russian princes with the Greeks, where the so-called “Russian law” is reported. Apparently we're talking about about some monument of a legislative nature that has not reached us. The most ancient legal monument is “Russian Truth”. It consists of several parts, the oldest part of the monument - “The Most Ancient Truth”, or “The Truth of Yaroslav”, is a charter issued by Yaroslav the Wise in 1016. It regulated the relations of the princely warriors with the residents of Novgorod and among themselves. In addition to this charter, the “Russian Pravda” includes the so-called “Pravda of the Yaroslavichs” (adopted in 1072) and the “Charter of Vladimir Monomakh” (adopted in 1113). All these monuments form a fairly extensive code regulating the life of a person of that time. It was a class society in which the traditions of the tribal system were still preserved. However, they are already beginning to be replaced by other ideas. Thus, the basic social unit spoken of in “Russkaya Pravda” is not the gens, but the “world”, i.e. community. In "Russian Truth" for the first time such a widespread custom of clan society as blood feud was abolished. Instead, the dimensions of the vira are determined, i.e. compensation for the murdered person, as well as the punishment imposed on the murderer. The vira was paid by the entire community on whose land the body of the murdered man was found. The highest fine was imposed on the murder of the fireman, the head of the community. It was equal to the cost of 80 oxen or 400 rams. The life of a stinker or serf was valued 16 times less. The most serious crimes were robbery, arson or horse theft. They were subject to punishment in the form of loss of all property, expulsion from the community or imprisonment. With the advent of written laws, Rus' rose one more step in its development. Relations between people began to be regulated by laws, which made them more orderly. This was necessary because, along with the growth of economic wealth, the life of each person became more complicated, and it was necessary to protect the interests of each individual person.

Russian Truth, which was formed on the basis of laws that existed in the 10th century, included the norms legal regulation, arising from customary law, that is, folk traditions and customs.

The content of Russian Pravda indicates a high level of development of economic relations, rich economic ties regulated by law. “The truth,” wrote the historian V.O. Klyuchevsky, “strictly distinguishes the giving of property for storage - a “deposit” from a “loan”, a simple loan, a favor out of friendship, from the giving of money in growth from a certain agreed percentage, a short-term interest-bearing loan from a long-term one. and, finally, a loan - from a trade commission and a contribution to a trading company enterprise from an indefinite profit or dividend. Truth further gives a certain procedure for collecting debts from an insolvent debtor during the liquidation of his affairs, knows how to distinguish between malicious and unfortunate insolvency. What is trade credit and transactions in credit is well known to Russian Pravda. Guests, non-resident or foreign merchants, “sold goods” for native merchants, i.e. sold them on credit. The merchant gave the guest, a fellow countryman who traded with other cities or lands, “kunas for purchase ", on a commission for the purchase of goods for him on the side; the capitalist entrusted the merchant with "kunas and guests" for turnover from the profit."

At the same time, as can be seen from reading the economic articles of Russian Pravda, profit and the pursuit of profit are not the goal of ancient Russian society. The main economic idea of ​​Russian Pravda is the desire to ensure fair compensation, remuneration for damage caused in the conditions of self-governing collectives. Truth itself is understood as justice, and its implementation is guaranteed by the community and other self-governing groups.

The main function of Russian Pravda is to ensure what is fair, from the point of view folk tradition, solving problems that arose in life, ensuring a balance between communities and the state, regulating the organization and remuneration of labor for the performance of public functions (collecting food, building fortifications, roads and bridges).

Russian Truth was of great importance in the further development of Russian law. It formed the basis of many norms international treaty Novgorod and Smolensk (XII-XIII centuries), Novgorod and Pskov charters of judgment, Code of Laws 1497, etc.

Excellent definition

Incomplete definition ↓

Origin

The conventional name of the ancient Russian legal collection, which was preserved only in lists (copies) of the 13th-15th centuries and later. Similar to numerous early European legal collections, for example, " Salic truth" - a collection of legislative acts of the Frankish state. Also known are the Ripuar and Burgundian truths, compiled in the 5th-6th centuries. n. e., etc. The Anglo-Saxon legal codes, as well as Irish, Alemannic, Basar and some other legal collections, also belong to the Barbarian Truths. The name of these collections of Pravda laws is controversial. In Latin sources Lex Salica- Salic law. The question of the time of origin of its oldest part in science is controversial. Some historians even date it back to the 7th century. However, most modern researchers associate the Most Ancient Truth with the name of the Kyiv prince Yaroslav the Wise. The approximate period of its creation is 1019-1054. The norms of Russian Truth were gradually codified by the princes of Kyiv on the basis of oral tribal law, with the inclusion of aspects of Scandinavian and Byzantine law, as well as church influence. As I.V. believes Petrov, Russian truth “was the final codified result of the evolution of Old Russian law,” which went through several stages in its development.

Main editions of Russkaya Pravda

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

Traditionally, the numerous surviving versions of “Russian Truth” are divided into 3 main editions, which differ in many respects, and are called “Brief” (6 lists), “Long” (more than 100 lists) and “Abbreviated” (2 lists), which is an abbreviated version "Long-form" edition.

Brief edition consists of the following legal texts:

• “The Truth of Yaroslav”, from or g. (vv. 1–18);
• “The Truth of the Yaroslavichs” (Izyaslav, Svyatoslav, Vsevolod), from the city (v. 19–41);
• “Pokon virny” - definition of the order of feeding virniks (prince’s servants, vira collectors), 1020s or 1030s. (v. 42);
• “A Lesson for Bridge Workers” - regulation of wages for bridge workers - pavement builders, or, according to some versions, bridge builders - 1020s or 1030s. (v. 43).

"A Brief Truth" consisted of 43 articles. Its first part, the most ancient, also spoke about the preservation of the custom of blood feud, about the lack of a sufficiently clear differentiation of the size of court fines depending on the social status of the victim. The second part (Articles 19–43) reflected the further development of landowning relations: blood feud was abolished, the life and property of landowners were protected by increased penalties.

Lists "Dimensional Truth" found in lists of church laws, in chronicles, in articles from Holy Scripture of a judicial and legislative nature (“Righteous Standards”). The “Long Pravda” 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 changes and additions to the Charter adopted during the reign of Vladimir Monomakh, after the suppression of the uprising in Kiev. The “Long Pravda” was compiled in the 12th century. It was used by ecclesiastical judges when considering secular cases or litigation. It was significantly different from The Brief Truth. The number of articles is 121. This code reflected further social differentiation, the privileges of landowners, the dependent position of serfs, purchases, and the lack of rights of serfs. “Vast Pravda” testified to the process of further development of landowner 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, “Long-Range Pravda” determined the procedure for concluding a number of agreements and transferring property by inheritance.

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

Sources of law

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

Criminal law "Russian Truth"

Russian truth distinguishes unintentional murder, “in a wedding” or “offense”, from that committed with premeditated intention, “in robbery”; a crime that exposes evil will from an offense committed out of ignorance; an action that causes physical harm or threatens life, for example, the cutting off of a finger, a blow with a sword, which is not accompanied by death, although it causes a wound, is distinguished from an action that is less dangerous, but insulting to honor: from a blow with a stick, pole, palm, or if a mustache or beard is pulled out, and for the latter actions he punishes penalties four times more than for the first ones; a blow with the flat of a sword in a fight was punishable by a greater punishment than a blow with the edge: it was more offensive, since it meant that the enemy was not considered an equal. At the same time, “Russkaya Pravda” contains clear traces of the principle of responsibility characteristic of traditional societies - “blood feud”. Already in Art. 1 CP says “If a husband kills his husband, then take revenge on his brother’s brother, either on a father or on a son, or on a brother’s child, or on a brother’s son.”

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

Princely penalties and private rewards represent a whole system in Russian Pravda; they were calculated in hryvnia kun. For murder, a monetary penalty was levied in favor of the prince, called vira, and a reward in favor of the relatives of the murdered man, called golovnichestvo. The vira was threefold: a double kun of 80 hryvnia for the murder of a prince’s husband or a member of the senior prince’s squad, a simple one of 40 hryvnia for the murder of a simple free person, a half or half-virye of 20 hryvnia for the murder of a woman and serious injury, for cutting off an arm, leg, nose, for damage to the eye. The murder was much more varied, depending on the social significance of the murdered person. Thus, blazing for the murder of a prince’s husband was equal to double vira, blazing for a free peasant was 5 hryvnia. For all other criminal acts, the law punished with sale in favor of the prince and a lesson for offense in favor of the victim.

Estates

By the 9th century, the time of the formation of the Old Russian State, the Eastern Slavs had established the ownership of land by the nobility and social groups had formed - aristocratic landowners and peasants dependent on them. The ruling class of feudal lords included Kyiv princes, local (tribal) princes, communal nobility (boyars), the top of the service people, the squad of princes. According to Doctor of Historical Sciences A. A. Gorsky, in the 9th century. and later in Rus', feudalism of the Western European model as such had not yet developed, but there was a system of championing. The ruling class was not the communal nobility, about which we have no information, but a corporation of squads headed by the prince. The boyars were representatives and descendants of the “senior” squad, and not the communal nobility.

After adoption in the 10th century. Christianity, a significant part of the land was concentrated in the hands of the church, monasteries, and clergy. Another category of feudal lords appeared - palace servants, service people who received land for service and for the duration of their service.

As the power of the nobility increased, 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, judge the population dependent on them, and collect taxes. At the same time, a right (right-privilege) arose, protecting the position of the nobility. Russian Pravda defined a number of privileges: increased punishment for killing a feudal lord or causing property damage to him, broader rights to transfer property by inheritance, including to daughters.

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

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

Another category of the population was made up of purchases - smerds, who found themselves in a difficult economic situation, borrowed property from their master and guaranteed its return, as if by self-mortgage. Zakup worked on the master’s farm and could not leave him until he repaid the debt (otherwise he would be transferred to a complete, “white-washed” serf). 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 - these were those who fell under the so-called “patronage”, the patronage of the church, monasteries, secular landowners, and were obliged to work on their farms.

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

Articles of Russian Pravda testified to the situation of slaves. For the murder of a slave, his master was paid compensation of only 5 hryvnia, for a slave - 6 hryvnia. For a stolen slave, the gentleman received 12 hryvnia. A slave was most often considered an object of law, and the owner was responsible for him.

As crafts and trade developed, cities arose, the size of the urban population increased, from which the rich elite stood out - the “best” people. The urban population was freer than the peasantry. The life and property of townspeople were protected by norms that applied to full-fledged free people. Russkaya Pravda respectfully calls “gridins”, “merchants”, artisans, moneylenders.

Property relations, Law of obligations

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

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 have equal rights and themselves are the engine of all procedural actions. Even both parties in the process were called plaintiffs.

Stages of the process according to Russian truth

• "Zaklich" meant an announcement about a crime that had been committed (for example, about missing property). The call was made in a crowded place, “at a trade”, the loss of an item that had 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 (Article 32, 34 PP).
• "Vault"(Articles 35-39 PP) resembled a confrontation. The collection was carried out either before the call or within three days after the call. The person from whom the missing item was found had to indicate from whom the item was purchased. The collection continued until it reached a person who was unable to explain where he acquired this thing. Tatem was recognized as such. If the arch extended beyond the boundaries of the locality where the item was lost, it continued until a third party. He was entrusted with the obligation to pay the owner the cost of the thing and the right to continue the arch himself.
• Pursuit of the trail- this is finding a 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 a village, the rope (community) bears responsibility. If the trail is lost on the main road, then the search stops there.

Forensic evidence

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

• Oath. A special type of evidence was the oath - “rota” (Article 22 of the Russian Pravda, Long Edition according to the Trinity List). It was used when there was no other evidence, but, of course, in small cases. The company could confirm the presence of an event or, conversely, its absence. In some cases, external signs and physical evidence had evidentiary value. Thus, the presence of bruises and bruises was sufficient to prove beating;
• Own recognition;
• Witness's testimonies. Old Russian law distinguished between two categories of witnesses - Vidokov And rumors(Articles 18,21,29 of the Russian Pravda, Long Edition according to 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 else, having second-hand information. Sometimes rumors were also understood as witnesses good fame sides They had to show that the defendant or plaintiff are people worthy of trust. Without even knowing anything about the disputed fact, they simply seemed to characterize one side or another in the process.
• Ordeals - the test with iron was used when there was not enough other evidence, and in more serious cases than the test with water (Articles 17.22 of the Russian Pravda of the Long Edition according to the Trinity List). Russian Pravda, which devotes three articles to these ordeals, does not disclose the technique for carrying them out. Later sources report that the water test was carried out by lowering tied up man into the water, and if he drowned, he was considered to have won the case.

Punishment according to Russian truth

• Vira (a fine in favor of the relatives of the murdered person. And if there were none, then the vira was given to the prince.). Violation 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, Art. 3 PP). There was a special type of vira - “wild” or “common” vira. It was imposed on the entire community. To apply this punishment, it is necessary that the murder committed be simple, non-robbery; the community either does not give up its member suspected of murder, or cannot “remove the trace” of suspicion; a community only pays for its member if he has previously participated in community payments for his neighbors. The institution of “wild” vira performed a police function, binding all members of the community with mutual responsibility.
• Golovnichestvo (monetary recovery in favor of the relatives of the murdered person).
• Flow and plunder (capital punishment: for murder by robbery (Article 7 of the PP), arson (Article 83 of the PP) and horse theft (Article 35 of the PP). Punishment included confiscation of property and extradition of the criminal (along with his family) “with his head" , that is, into slavery.
• Lesson (tribute) (monetary compensation for damage caused to the victim).
• Sale (fine in favor of the prince for other crimes).

see also

Literature

Arrangements into modern Russian language

• A lengthy edition of the Trinity List of the second half of the 15th century
• Russian Truth - Collection of various editions of Russian Truth and materials related to it

Research

Notes