1 written code of laws in Rus'. When did written laws appear in Rus'?
After Vladimir the Red Sun, as a result of civil strife and the struggle for the throne, one of his sons Yaroslav came to power, who became a fair and intelligent ruler, Yaroslav the Wise. His management of the country and activities are described in the annals of different states. During the reign, profitable agreements were concluded friendly relations with many countries. All European powers took Russia into account. The prince began the creation of the first collection of laws, “Russian Truth,” which is the starting point for the legislative power in Rus'.
Prerequisites for the occurrence
Together with the people, norms and customs were established, that is, certain rules of behavior in the community, as well as coercion or punishment as a consequence of disobedience to these norms. As a result of the baptism of Rus', close relations with Byzantium and other states, contradictions began to appear between religion and established folk customs, which led to the transformation of norms into written laws. At the congress of Russian bishops in 1039, at the behest of Yaroslav the Wise, the Metropolitan of Rus' was elected without the consent of the Patriarch of Constantinople; this became an important message on the path to liberation of the Russian Orthodox Church from the influence of Constantinople. Also, the reasons for drawing up written and orderly laws were the stratification of society, because in the process of transition from the clan to the neighboring community, such a concept as private property appeared, the need to consolidate power over the estates and regulate relations within the state by the force of princely legislation.
The main theses of "Russian Truth"
“Russian Truth” contains two parts, the laws of which relate to different periods of time. The first part - “The Most Ancient Truth” - was compiled by Prince Yaroslav himself, the second - “The Truth of the Yaroslavichs” - by three brothers, his sons.
The collection “Russian Truth” itself has a casual system of structure, this is when the legislator tries to foresee and describe possible life situations. The collection always contained indications of a person’s belonging to some social position. The population was legally divided into the following social categories:
Squad;
Clergy;
Villagers and townspeople (merchants, artisans, purchases)
The prince occupied a special place, the highest position.
Most of the laws provided for the protection of private property, the order of inheritance, obligations and contracts. Agreements in “Russkaya Pravda” were divided into types:
Purchase and sale;
Loans (household loan and mortgage loan);
Storage of luggage (considered a free service);
Personal hiring (hiring of servants).
In the collection “Russian Truth”, liability is imposed for contracts and obligations, and in case of violation, a penalty (fine) and damages are imposed. For example, someone who stole a horse undertakes to return it and pay 3 hryvnia vira.
Serious crimes include causing bodily harm, insult by action (blow with a blunt object, palm, sheath, that is, insult with a blow, but without harming a person), murder. In such situations, the criminal undertakes to pay a fine to both the victim and the princely treasury. Two possible intents were identified: direct (attack, robbery) or indirect (for example, in a fight or self-defense). The highest degree of punishment is expulsion from the community of both the criminal himself and family members, confiscation of movable property, and enslavement. Russkaya Pravda did not recognize death penalty. However, the death penalty was sometimes used. Such harsh measures were resorted to as punishment for acts against the state (gangs of robbers, uprisings). But Yaroslav the Wise is trying with all his might to eliminate the death penalty, which is a consequence of blood feud in Rus'. Here she also had an influence Orthodox Church, who advocated the abolition of executions. In those days, the court in Rus' was characterized by:
Competitiveness of the parties;
Relative equality of the parties;
Active participation in the proceedings.
Getting started for judicial trial served as a complaint by the plaintiff or the capture of the offender during the crime. The trial according to the laws of “Russian Pravda” was carried out in three stages:
Zaklich (public reporting of a crime);
Code (a three-day period during which witnesses are interviewed and evidence is searched);
Pursuing a trace or searching for a criminal (if he was not discovered earlier).
Church laws
In addition to “Russian Truth”, many spheres of life in Rus' were subject to church laws. It was during the reign of Yaroslav the Wise that the rights of the church became clearly defined, which were regulated by three points:
Family and marriage relations;
Crimes against the church, apostasy from the faith;
Violations committed by church servants.
In church court, penance (long prayers, prostrations or fasting) was imposed on the offender.
Meaning for Rus'
Thanks to the creation of the first collection of laws “Russian Truth” Kievan Rus was brought to order, relationships between various categories of the population were regulated and princely power was strengthened, which was a prosperous and timely stage in history and served as an important transformation for the further development of social and state life.
"Russian Truth" - legal document Ancient Rus', a collection of all laws and legal norms that existed in the 10th and 11th centuries.
“Russian Truth” is the first legal document in Ancient Rus', which combines all the old regulations, princely decrees, laws and other administrative documents issued by various authorities. “Russian Truth” is not only an important part of the history of law in Russia, but also an important cultural monument, since it reflects the way of life of Ancient Rus', its traditions, principles of economic management, and is also an important source of information about the written culture of the state, which that moment was just emerging.
The document includes rules of inheritance, trade, criminal law, as well as principles of procedural law. “Russian Truth” was at that time the main written source of information about social, legal and economic relations on the territory of Rus'.
The origin of “Russian Truth” today raises quite a few questions among scientists. Creation of this document associated primarily with the name - the prince collected all the legal documents and decrees that existed in Rus' and issued new document approximately 1016-1054. Unfortunately, not a single copy of the original “Russian Pravda” has survived, only later censuses, so it is difficult to say exactly about the author and the date of creation of “Russian Pravda”. “Russian Truth” was rewritten several times by other princes, who made modifications to it according to the realities of the time.
Main sources of "Russian Truth"
The document exists in two editions: short and lengthy (more complete). The short version of “Russian Truth” includes the following sources:
- Pokon virny - determining the order of feeding the prince's servants, vira collectors (created in the 1020s or 1030s);
- Pravda Yaroslav (created in 1016 or in the 1030s);
- Pravda Yaroslavich (does not have an exact date);
- A lesson for bridge workers - regulation of wages for builders, pavement workers, or, according to some versions, bridge builders (created in the 1020s or 1030s).
The short edition contained 43 articles and described new state traditions that appeared shortly before the creation of the document, as well as a number of older legal norms and customs (in particular, the rules of blood feud). The second part contained information about fines, violations, etc. The legal foundations in both parts were built on a principle quite common for that time - class. This meant that the severity of the crime, the punishment or the size of the fine depended not so much on the crime itself, but on what class the person who committed it belonged to. Besides, different categories citizens had different rights.
A later version of “Russian Truth” was supplemented by the charter of Yaroslav Vladimirovich and Vladimir Monomakh, the number of articles in it was 121. “Russkaya Pravda” in an expanded edition was used in court, civil and ecclesiastical, to determine punishment and settle commodity-money litigation and relations in general .
In general, the norms of criminal law described in Russian Pravda correspond to the norms adopted in many early state societies of that period. The death penalty is still retained, but the typology of crimes is significantly expanding: murder is now divided into intentional and unintentional, different degrees of damage are designated, from intentional to unintentional, fines are levied not at a single rate, but depending on the severity of the offense. It is worth noting that “Russkaya Pravda” describes fines in several currencies at once for the convenience of the legal process in different territories.
The document also contained a lot of information about the legal process. “Russian Truth” determined the basic principles and norms of procedural legislation: where and how it is necessary to hold court hearings, how it is necessary to contain criminals during and before the trial, how to judge them and how to carry out the sentence. In this process, the class principle mentioned above is preserved, which implies that more noble citizens could count on a more lenient punishment and more comfortable conditions of detention. “Russian Truth” also provided for a procedure for collecting monetary debt from a debtor; prototypes of bailiffs appeared who dealt with similar issues.
Another side described in “Russkaya Pravda” is social. The document defined different categories of citizens and their social status. Thus, all citizens of the state were divided into several categories: noble people and privileged servants, which included princes, warriors, then came ordinary free citizens, that is, those who were not dependent on the feudal lord (all residents of Novgorod were included here), and the lowest category were considered dependent people - peasants, serfs, slaves and many others who are in the power of feudal lords or princes.
The meaning of "Russian Truth"
“Russian Truth” is one of the most important sources of information about the life of Ancient Rus' at the earliest period of its development. The presented legislative norms allow us to get a fairly complete picture of the traditions and way of life of all segments of the population of the Russian land. In addition, “Russian Truth” became one of the very first legal documents that was used as the main national legal code.
The creation of the “Russian Pravda” laid the foundations for the future legal system, and when creating new codes of law in the future (in particular, the creation of the Code of Laws of 1497), it always remained the main source, which was taken as a basis by legislators not only as a document containing all acts and laws, but also as an example of a single legal document. “Russian Truth” for the first time officially consolidated class relations in Rus'.
Let us dwell in more detail on one of the domestic sources of the history of managerial thought - “Russian Truth”, which all researchers recognize as an outstanding monument to the social thought of Kievan Rus. "Russian Truth" is a set of legal principles government controlled Kievan Rus, as well as a source of information about the administrative and managerial personnel under the Grand Duke (high, middle and lower levels), about officials of local authorities, about measures to protect their rights, about payment for their services.
There are various lists of “Russian Truth” (XIII-XVIII centuries), which are divided into 3 editions depending on the authors, volume and content. The first edition is called "Brief Truth" or "Russkaya Pravda" (XI century), the second - "Long-form Truth" or "Russkaya Pravda" (XI-XII centuries), the third - "Abridged Truth" (XV-XVII centuries).
“The Brief Truth” is the result of the activities of ancient Russian princes to systematize law. It consists of 43 articles, which are divided into 4 parts: “The Most Ancient Truth”, or “The Truth of Yaroslav”, “The Truth of the Yaroslavichs”, “Pokon Virny” and “A Lesson for Bridge Workers”.
The norms of the “Most Ancient Truth” (Articles 1 - 18) reflect the early period of the history of Rus', even before the establishment of state power and the adoption of Christianity. The merit of Yaroslav the Wise was that he made a selection of old legal norms and enshrined in Pravda those of them that corresponded to the interests of the feudal class; they have become the new norm Old Russian state. For the history of managerial thought, this part of “Russian Truth” is interesting because it provides a list of positions of the prince’s employees (combatants), as well as representatives of the social strata of Ancient Rus'. Among them are the yabetnik, or tiun (prince's clerk, house manager, in charge of the prince's economic affairs), swordsman (prince's warrior, court servant), gridin (junior warrior), serf (peasant dependent on the prince), smerd (independent commoner, community member ). In general, here we are talking about the protection of the rights (including property rights) of princely officials, as well as merchants, outcasts, foreigners (Varangians, Kolbyags), about procedures for identifying the perpetrators and measures for their punishment. russ government state prince
“The Truth of the Yaroslavichs” (vv. 19-41) is an independent legislative act, accepted by princes Izyaslav, Svyatoslav and Vsevolod together with the boyars. In this law, much more strongly than in the “Ancient Truth”, the rule-creative activity of the princes appears, as a result of which the norms of criminal and procedural law were changed in the interests of feudal landowners. “The Truth of the Yaroslavichs” is devoted to the regulation of the life of the princely estate, the protection of feudal property and the life of persons serving the prince, who are in one form or another dependent on him, as well as the property and personality of other feudal lords. The list of positions in the prince's administration continues here. In particular, the most notable princely nobles and servants are mentioned: fireman (senior warrior, boyar), podezdny prince (collector of various revenues in favor of the prince), old groom (senior groom), as well as middle and lower-level officials - village headman and ratainsh (arable) headman (managers of agricultural work), ryadovich (economic agent of the prince), emets (judicial servant). The last article (Article 41) determines the amount of remuneration of a citizen for performing judicial functions.
“Pokon (Charter) virny” (Article 42) defines the typical procedure for the early feudal state for feeding (in-kind provision) by the community one of the most important government officials - the virnik, whose main function was collecting vira (a tax or fine equal to 40 hryvnia).
“The Lesson (Rule) for Most People” (Article 43) completes the articles of the “Brief Pravda” on the procedure for paying princely servants. In this case, we are talking about a bridge official (the manager of the construction of bridges and/or pavements). In the article, the word “bridge” has a double meaning: 1) crossing a river (or ravine) and 2) pavement.
"Extensive Truth" is a code of developed feudal law. It is based on the text of the “Brief Truth”, the Charter of Vladimir Monomakh and other Kyiv princes of the late XI-XII centuries. and reflects the strengthening of feudal relations in Kievan Rus. “The Expansive Truth” consists of 121 articles, most of which are devoted to the principles of the prince’s economic policy, issues of property of the prince and the feudal nobility, the protection of this property and the order of its inheritance. There are articles on loans and loan interest, on the protection and procedure for ensuring the property interests of the creditor, on the procedure for collecting debts, on crafts and artisans, on the monetary allowance of officials of the princely court.
“The Expansive Truth” is divided into 6 parts according to authors, volume and content. The 1st part (Articles 1-46) is a collective work; it was adopted at the princely congress in Lyubich in 1097. Many articles of the 1st part repeat the essence of the “Brief Truth”, but there are original articles, as well as articles , clarifying and unifying administrative and legal concepts. For example, a historical article (Article 2) on the abolition of blood feud, a number of articles (Articles 3-7, 11-17) on responsibility for the murder of representatives of the princely administration and various social groups, associated with the princely and boyar economy, starting from high-ranking tiuns and ending with artisans, ordinary people, serfs and serfs; original article (Article 8) on the responsibility of the community for the crime of its member (elements of mutual responsibility). There is in this part of Art. 9, similar to “Pokon Virny”, but it provides specified amounts of in-kind support for the services of tax and fine collectors - virniks (princely official) and their local assistants - metelniks (representative of the local community).
The 2nd part (art. 47-52) is the result of the creativity of Svyato-Regiment Izyaslavovich, who patronized moneylenders. The articles in this part characterize civil legal relations, loan issues, usurious capital (isto), loan interest (rez), relationships between merchants and items of trade (goods). The 3rd part (Articles 53-66) is based on the Charter of Vladimir Monomakh and characterizes debt obligations, forms of liability for violation of contractual obligations between the master and the purchaser (feudal-dependent peasant). The 4th part (Articles 67-73, 75-85) is the Charter of Vsevolod 11 Olgovich (1138-1146), regulating social relations V feudal estates. The 5th part (Articles 90-95, 98-106) belongs to the same era and author, in which issues of inheritance are revealed. The 6th part relates to the activities of the Vladimir Grand Duke Vsevolod Sh Yuryevich - the Big Nest (1176-1212). Here are collected articles devoted to ensuring the activities of the judicial-administrative apparatus of the Grand Duke, as well as articles on duties and fines, on the amount and forms of remuneration of persons in charge of public affairs - builders, tax collectors (Articles 74, 86-89, 96-97, 107-109). Moreover, for the first time in Rus', additional duties were introduced from those who won the process, that is, from those “who will be helped” (Article 107). In the same part there is a special section on servitude (vv. 110-121).
The “Spacious Truth” clarifies the status and functions of a number of the above-mentioned officials civil service and new categories of persons in the administrative apparatus of the Grand Duke are given. The composition and functions of officials demonstrate the complexity of the state administrative apparatus in the era of Kievan Rus of the 10th-11th centuries. Thus, in the “Expansive Pravda” we are talking about such officials as prince tiun (manager of the princely feudal economy), fire tiun (household manager of the highest circles of the princely squad), stable tiun (manager of the princely stables), otrok (junior member of the princely administrative apparatus) , mayor (architect, construction manager), children's (bailiff). At the same time, completely new categories of ordinary employees are given, for example, the boyar ryadovich (in contrast to the princely ryadovich from the “Brief Pravda”), the boyar tiun (in contrast to the princely tiun). This indicates the development of feudal land ownership in the 11th-12th centuries, which covered not only princely, but also boyar lands. This is also evidenced by the named new positions of tiuns (managers of various farms). In some cases, they emphasize the strengthening of the positions of warriors and boyars (fire tiun), in others - an increase in the importance and scale of work (equestrian tiun, mayor).
The Abbreviated Pravda, according to most researchers of Russian social thought, is a monument that arose (in the 17th-18th centuries) as a result of a significant reduction in the text of the Long Pravda. The work of the unknown editor of the new text of Pravda consisted in selecting from the ancient monument those articles and norms that could preserve the character of the legal norms in force in his time.
The abundance of government positions mentioned in one of the most important sources of Russian managerial thought testifies to the complexity and diversity of economic and other activities carried out by the Grand Duke and his retinue with the aim of effectively managing the Kiev state, and to the prince’s understanding of the relevance of the managerial personnel required for this.
From the text of “Russian Pravda” one can understand who was, if not the author, then the customer of this document. Of course, it was created in the interests of the Grand Duke and was aimed at strengthening his autocratic power in Ancient Rus'. Many articles emphasize the stability of the police state management model, which was the Kiev state at that time. What is worth, for example, the detailed order and forms of feeding in cash and in kind the prince's servants (and the horses with them) - the virnik, the mayor and the bridgeman, as well as the feeding of their horses with fodder, which is accordingly indicated in Art. 9, 96 and 97 of “Spatially Pravda”.
1. The Great Prince of Kiev Yaroslav (1019-1054), nicknamed the Wise, unlike his father, Vladimir the Holy, was not a hero of epics and legends. But the chronicle speaks of him as a great statesman, an intelligent and educated man, a brave warrior, legislator, city planner, and cunning diplomat. Yaroslav's rise to power was preceded by an intense struggle that he waged with his brother Svyatopolk.
2. The reign of Yaroslav the Wise is the heyday of Rus'. The city of Yuryev was founded on the western shore of Lake Peipsi, the people of Kiev went to Lithuania. A profitable agreement was concluded with Poland, Rus' assisted it in the war with the Czech Republic. Relations between Rus' and Sweden became friendly (Yaroslav married the daughter of the Swedish king). In 1036, near Kiev, the Pechenegs suffered a severe defeat and no longer went to Rus'. But the Pechenegs were replaced by new nomads - the Polovtsians. In 1046, Rus' concluded a peace treaty with Byzantium, dynastic marriages were concluded: Yaroslav's daughters were given in marriage to the French, Hungarian and Norwegian kings. Rus' truly became a European power; Germany, Byzantium, Sweden, Poland and other states reckoned with it.
3. Under Yaroslav, the church began to play a significant role in society. The majestic Hagia Sophia Cathedral was erected in Kyiv, which personified the power of Rus'. In the mid-50s of the 11th century. The Pechersky Monastery arose near Kyiv. At the direction of Yaroslav in 1039, at a general meeting of Russian bishops, priest Hilarion, contrary to the Patriarch of Constantinople, was elected Metropolitan of Rus'. Thus, the Russian church was freed from the influence of Byzantium. By the end of Yaroslav's reign, about 400 churches had already been built in Kyiv.
11. “Russian Truth” - the first written set of laws of Ancient Rus'.
1. The established structure of ancient Russian society was reflected in the oldest code of laws - “Russian Truth”. This document was created during the 11th-12th centuries. and received its name in 1072. It was started by Yaroslav the Wise, who in 1016 created a set of laws on order in Novgorod (“Yaroslav’s Truth”). And in 1072, three Yaroslavich brothers (Izyaslav, Svyatoslav and Vsevolod) supplemented the code with new laws. It was called “Pravda Yaroslavichy” and became the second part of “Russian Truth”. Subsequently, the code was repeatedly supplemented by princely statutes and church regulations.
2. In “Pravda Yaroslav” the law still allowed blood feud for killing a person, but only close relatives (brother, father, son) could take revenge. And in “Pravda Yaroslavichy” revenge was generally prohibited and replaced with a fine - vira. Vira went to the prince. The law protected the administration, property and working population of the princely estates.
3. The Law already had visible features of social inequality; it reflected the beginning of the process of class division. There was a fine for harboring other people's servants (servants); a free man could kill a serf for an offense. For the murder of a princely fireman (manager), a fine of 80 hryvnia was imposed, a headman - 12 hryvnia, and a serf or serf - 5 hryvnia. Fines were also established for the theft of livestock and poultry, plowing someone else's land, and violating boundaries. The power of the Grand Duke passed according to seniority - the eldest in the family became the Grand Duke.
4. “Russian Truth” regulated relations between people in society with the help of laws, which put state and public life in order.
Before the baptism of the country by Prince Vladimir, Kievan Rus was a pagan state. In those days, all laws were not written down anywhere, and people lived according to ancient customs. But when Yaroslav the Wise ascended the throne, the first written laws appeared. The creation of the first written set of laws began precisely with Yaroslav the Wise.
What was the name of the first written set of laws in Rus' and who was their creator?
The first written code of laws in Ancient Rus', “Russian Truth,” was created over the course of the 11th-12th centuries and began to be called that in 1072. The authors of these bills were:- Yaroslav the Wise. In 1016, he published a set of bills on order in the city of Novgorod and called it “Russian Truth of Yaroslav the Wise.” The bill consisted of 35 chapters, which separated criminal and civil law;
- three Yaroslavich brothers - Vsevolod, Svyatoslav and Izyaslav. They supplemented the code with new bills in 1072, which became part 2 of the “Russian Truth” and were called “The Yaroslavich Pravda”. Subsequently, the code of laws was regularly replenished by church decrees and princely statutes;
- Vladimir Monomakh. In 1097, he gave Rus' a new “Russian Truth” - the “Charter of Vladimir Vsevolodovich” and temporarily stopped the collapse of Rus'.
What was written in the written code of laws of Ancient Rus'?
The first chapter of “Russian Truth of Yaroslav the Wise” described punishments for murder. In those days, murders were a real problem for the state. The law stated that the penalty for any death was blood feud. Therefore, the relatives of the murdered person could kill the killer themselves. If there was no one to take revenge on the killer, a fine was taken from him in favor of the state treasury.The special conditions of this law were as follows:
- a slave could become free. To do this, he had to pay the owner a certain amount;
- slaves had to be responsible for the property of their masters;
- the law described everything about debt obligations, fines for stealing someone else's livestock and seizing someone else's land, and much more;
- the order and priority of receiving the inheritance were determined.
The set of laws that Vladimir Monomakh issued was much softer:
- debt slavery was prohibited;
- abolished the death penalty for fugitive slaves;
- determined the situation of purchases and merchants;
- regulated the collection of usurious interest.
In fact, there are no clear restrictions on this issue. However, there are unspoken rules that determine the need for construction on a plot of 4-6 acres....
Laws are needed in order to oversee and control the issue of interaction between individuals in society and the interaction of society with the state. So, we can say with...
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