The legal status of the population in the Russian Truth. General characteristic of the Russian Truth and its significance in the history of Russian law

Russian Truth was the first collection of laws in Ancient Rus. Its first editions appeared during the reign of the Kiev prince Yaroslav the Wise in the first half of the 11th century. He was the initiator of the creation of the Russian Truth. The collection was necessary in order to regulate life in the state, where people continued to judge and resolve disputes over unwritten traditions. All of them are reflected in the pages of this collection of documents.

A brief description of the Russian Truth indicates that it stipulates the order of social, legal and economic relations. In addition, the collection contains the norms of several types of legislation (hereditary, criminal, procedural and commercial).

Prerequisites

The main goal that Yaroslav the Wise put before the collection is to determine the legal status of the population in the Russian Truth. The appearance of codified norms was common for all medieval European societies. So, in the Frankish state the "Salicy Truth" was similar. Their judiciaries appeared even in the barbarian northern states and in the British Isles. The only difference is that in Western Europe these documents were created several centuries earlier (starting from the VI century). This was due to the fact that Rus appeared later than the feudal Catholic states. Therefore, the creation of legal norms among the Eastern Slavs took place several centuries later.

The creation of the Russian Truth

The oldest Truth, or the Truth of Yaroslav, appeared in 1016, when it finally established itself in Kiev. However, this document was not intended for the southern capital, but for Novgorod, since the prince there began his reign. This edition contains mainly various criminal articles. But it was with this list of 18 articles that the creation of the Russian Truth began.

The second part of the collection appeared several years later. It was named Pravda Yaroslavichy (children of the Grand Duke) and touched upon legal relations between the inhabitants of the state. In the 1930s, articles appeared on the feeding of virgin. These parts exist in the form of a short version.

However, the collection was supplemented after the death of Yaroslav. The creation of the Russian Truth continued with his grandson Vladimir Monomakh, who managed to unite the principalities for a short time (the epoch of feudal fragmentation was approaching) and finish his Charter. He went into the lengthy edition of Truth. The extensive edition touched upon the disputes related to the right to property. This was due to the fact that trade was developing in Russia and monetary relations.

Existing copies

It is known for certain that the original copies of the Russian Truth have not been preserved. Domestic historiography discovered later copies, when Vasily Tatishchev discovered and studied them . The earliest copy is the list placed in the Novgorod first chronicle of the 11th century. It was she who became the source of knowledge for researchers.

Later, copies and lists created up to the 15th century were found. Excerpts from them were used in various Pilot books. Russian Truth has ceased to be relevant with the release of the Code of Law of Ivan III at the end of the XV century.

Criminal law

The responsibility of a person for crimes is detailed in the pages that contain Russian Truth. Articles record the difference between willful and unintentional atrocities. Also weak and heavy damage is shared. By this measure, it was decided to what extent the punishment would be sentenced by the offender.

At the same time, the Slavs are still practicing blood feuds, of which Russian Truth speaks. The articles state that a person has the right to punish a murderer of his father, brother, son, etc. If the relative did not do this, then the state declared a reward of 40 hryvnia per head of the offender. These were echoes of the old system that existed for centuries. It is important to note that Russia was already baptized, but there still existed remnants of a pagan bloodthirsty era.

Types of fines

Criminal law also included monetary fines. The Slavs called them viro. The fines came to Russia from Scandinavian law. It was the vira that eventually replaced blood vengeance completely as a measure of the punishment of a crime. It was measured differently, depending on the person's nobility and the severity of the committed misconduct. The analogue of the Russian vira was vergeld. This was a pecuniary punishment, prescribed in the barbarous truths of the Germanic tribes.

Under Jaroslav vira, the penalty was exclusively for the murder of a man who was a free man (that is, not a serf). For a simple peasant, the fine was 40 hryvnia. If the victim was a man who was in the service of the prince, then the recovery was doubled.

If a free man was seriously injured or a woman was killed, then the guilty party had to pay half a vow. That is, the price fell by half - to 20 hryvnia. Less serious crimes, such as theft, were punished with small fines, which were determined by the court individually.

Headache, flood and plunder

At the same time in the Russian criminal law there was a definition of gonality. It was a monetary ransom, which the killer had to provide to the family of the deceased. The size was determined by the status of the victim. So, an additional fine for the relatives of the slave was only 5 hryvnia.

The flood and plunder is another kind of punishment, which Russian Pravda introduced. The state's right to punish the perpetrator was supplemented by deportation of the guilty and confiscation of property. He could also be sent into slavery. In this case, property was looted (hence the name). The measure of punishment changed depending on the era. The flood and looting were appointed guilty of robbery or arson. It was believed that this is the most serious crimes.

The social structure of society

The society was divided into several categories. The legal status of the population according to the Russian Truth was completely dependent on its social status. The highest layer was considered to know. It was the prince and his elder warriors (boyars). At first they were professional military men, who are the backbone of power. It was the name of the prince that was administered by the court. Also, all fines for crimes went to him. The servants of the prince and boyars (tiuny and ognischene) also had a privileged position in society.

On the next step were free men. In Russkaya Pravda there was a special term for such status. He corresponded with the word "husband". Free persons included younger combatants, collectors of fines, as well as residents of Novgorod land.

Dependent strata of society

The worst legal position of the population in the Russian Truth was in dependent people. They were divided into several categories. Smerds were dependent peasants (but with their allotments) working for the boyar. Lifetime slaves were called slaves. They had no property.

If a person borrowed and did not have time to pay, then he fell into a special form of slavery. It was called a purchase. Such dependent ones became the property of the borrower until they repaid their debts.

The provisions of the Russian Truth talked about such a treaty as the Row. This was the name of the agreement, according to which dependent people voluntarily went to serve the feudal lord. They were called ryadovichami.

All these categories of residents were at the very bottom of the social ladder. Such a legal status of the population in the Russian Truth practically depreciated the life of the dependent in the literal sense of the word. The fines for killing such people were minimal.

In conclusion, we can say that society in Russia was very different from the classical feudal model in Western Europe. In the Catholic states in the XI century, the leading position was already occupied by large landowners, who often did not even pay attention to the central government. In Russia, the matter was different. The top of the Slavs was the prince's squad, who had access to the most expensive and valuable resources. The legal status of the population groups in the Russian Truth made them the most influential people in the state. At the same time, the class of large landowners has not yet formed from them.

Private right

Among other things, the Russian Truth of Yaroslavl included articles on private law. For example, they stipulated the rights and privileges of the merchant class, which was the engine of trade and economy.

The Negotiator could engage in usury, that is, give credits. Penalty for them was also paid in the form of barter, for example, food and food. Usury was actively engaged in Jewish business. In the XII century, this led to numerous pogroms and outbreaks of anti-Semitism. It is known that when in 1113 Vladimir Monomakh came to rule in Kiev, he first of all tried to settle the issue of Jewish borrowers.

The Russian Truth, whose history includes several editions, also touched on questions of inheritance. The charter allowed free people to receive property on a paper will.

Court

A full description of the Russian Truth can not miss articles on procedural law. Criminal offenses were considered in the princely court. He was appointed by a specially appointed representative of power. In some cases, resorted to confrontation, when the two sides of the tet-a-tete proved their case. Also, the procedure for collecting the fine from the debtor was prescribed.

A person could go to court if he had a thing lost. For example, this often used to suffer from theft of merchants. If within three days the loss could be found, then the person from whom she found herself became a defendant in court. He had to justify himself and provide evidence of innocence. Otherwise, a fine was paid.

Testimony in court

Witnesses could be present at the trial. Their testimony was called the Code. The same word denotes the search procedure for the loss. If she brought proceedings outside the city or community, then the thief confessed to the last suspect. He had the right to justify his name. For this he could conduct the vault himself and find the person who committed the theft. If he could not do it, then he was fined.

Witnesses were divided into two types. Vidoki are people who saw the committed crime with their own eyes (murder, theft, etc.). The hearings are witnesses who in their testimonies reported unverified rumors.

If it was not possible to find any material evidence of the crime, then they resorted to the last measure. It was an oath by kissing the cross, when a man gave his testimony in court not only before the prince's power, but before God.

A water test was also used. It was a form of God's judgment, when the testimony was checked for truth by getting a ring from boiling water. If the defendant could not do this, he pleaded guilty. In Western Europe, this practice was called the horde. People believed that God would not allow injuring a conscientious person.