Pre-revolutionary foundations of law in Russia

The foundations of law are the foundation on which most existing relations and interactions between members of society, countries and organizations are built. They are the main indicators of civilization, in which life is subject to certain laws. By and large, the foundations of law are A measure that determines the maturity and consistency of the state, society as a whole. They appeared at the dawn of history and became an inalienable characteristic determining the measure of responsibility and the degree of human freedom.

In our country in the history of its existence, the foundations of law have experienced a number of metamorphoses. Originally in Russia, as, indeed, in any other state, guided by the traditions of the tribal community. Not considered a savage, for example, blood feud or murder of a commoner. The foundations of the criminal law of the Russian state are first prescribed in the so-called "Russian Truth", dating from the mid-11th-12th centuries. There were no differences between the criminal or civil crime, and any crime was called "offense" only, which leads to the conclusion that the penalty was assessed more on the emotional level than on the legal one.

With the development of statehood and the change in the structure of society, more advanced documents appeared, including the Code of the mid-15th-early 16th centuries, the Cathedral Statute of the middle of the 17th century, and the Petrovsky Warrior's Code, which can be considered the first criminal code. In this document, the crimes were divided into a number of categories, the concept of unintentional crime was introduced, criminal actions against the individual and against the state as a whole were delineated. It is for the first time that it speaks about the need to clarify the causes of death and to track the cause-effect relationships.

The foundations of family law in our country have also gone a very long way. Pre-Christian Rus was guided by ancient traditions. The foundations of law in this area were reflected in the "Pilot Book" - translation of the texts of the Byzantine princes. Church wedding was taken in the XI century and, unlike the Catholic branch of Christianity, Orthodox Russia allowed the possibility of a divorce.

Marriages with representatives of another faith were prohibited. Surprisingly, in Ancient Russia a woman could be the owner of property. As for the relationship between fathers and children, at that time the legitimacy of the origin of the child did not matter much, unlike the later rules of the mid-17th century, when the illegitimate was not recognized even if the parents were married after his birth.

Like the basis of criminal law, family relations were ordered in the era of Peter. It was during this period that the role of secular canons increased, which were reflected in the Code of Laws of the Russian Empire. Significant role is given to the voluntary conclusion of marriage. The Orthodox could have a family with representatives of other Christian movements, an age limit increases, after which it was possible to become a husband or wife. If earlier to enter into marriage it was possible to girls in the age of 13 years and to boys from 15 years, the Code already speaks about 16 and 18 years accordingly. The unlimited power of a man acquires more civilized forms. From the middle of the 11th century the physical punishment of the wife and children is forbidden.