Old Russian law of the 9th-12th centuries. State and law of Kievan Rus (IX - XII century)

The figure of the prince arose as a result of the evolution of the power that belonged to the tribal leader, but the princes of the period of military democracy were elected. Having become the head of state, the Grand Duke transfers his power by inheritance, in a direct descending line, i.e. from father to son. Usually the princes were men, but an exception is known - Princess Olga.

Although the Grand Dukes were monarchs, yet they could not do without listening to the opinions of those close to them. So there was a council under the prince, which was not legally formalized in any way, but which had a serious influence on the monarch. The council included close associates of the Grand Duke, the top of his squad - princely men. Sometimes in the ancient Russian state feudal congresses were convened, in which large feudal lords took part. The congresses resolved inter-princely disputes and some other issues. It has been suggested in the literature that at one of these congresses the Truth of the Yaroslavichs was adopted - an important component Russian Truth. There was also a veche in the Old Russian state, which grew out of the ancient people's assembly. His activity was especially high in Novgorod.

Initially, in Kievan Rus, a decimal, or numerical, control system was used, which grew out of military organization, in which the heads of military units - tenth, hundredth, thousandth - were the leaders of more or less large units of the state. So, Tysyatsky retained the functions of a military commander, and Sotsky became a city judicial and administrative official. Over time, however, the decimal system gave way to the palace and patrimonial system, which grew out of the idea of ​​combining the management of the grand duke's palace with state administration. In the economy of the Grand Duke there were various kinds of servants who were in charge of its individual branches (butlers, stables, etc.). Over time, the princes began to instruct them to conduct certain affairs throughout the state, endowing them with appropriate powers.

The system of local government was simple. In addition to the local princes who were sitting in their destinies, representatives of the central government were sent to the places - governors and volostels. They did not receive salaries from the treasury for their service, but "fed" at the expense of the local population, from which they collected, not forgetting themselves, a tribute in favor of the prince. Thus, a feeding system developed in Russia, which far outlived the Old Russian state (in the Muscovite state it was canceled only in the middle of the 16th century).

The basis of the military organization of Kievan Rus was the grand ducal squad, which was relatively small in number. These were professional warriors who depended on the mercy of the prince. But he also depended on them. The combatants were not only warriors, but also advisers to the prince. The senior squad represented the top of the class of feudal lords and to a large extent determined the policy of the prince, internal and external. Vassals of the Grand Duke, appearing at his call to Kyiv, brought with them squads, as well as a militia, consisting of their servants and peasants. Every man had to own a weapon. Boyar and princely sons were put on a horse already at the age of three, and at the age of 12 their fathers took them on campaigns. Feeling the need to build up military strength, the Kiev princes often resorted to the services of mercenaries - first the Varangians, then the steppe nomads (Karakalpaks, etc.)

In ancient Russia there were no special judicial bodies. Judicial functions were performed by representatives of the administration, including its head, the Grand Duke. However, there were special officials who helped in the administration of justice. Among them are, for example, virniki, who collected criminal fines for murder. Virnikov, when they were on duty, was accompanied by a whole retinue of minor officials. Judicial functions were also performed by the church and individual feudal lords, who had the right to judge people dependent on them (patrimonial justice). The judicial powers of the feudal lord were an integral part of his immunity rights.

The management of the state, the conduct of wars, the satisfaction of the personal needs of the Grand Duke and his entourage required, of course, considerable funds. In addition to income from their own lands, the princes established a system of taxes and tribute. At first, these were voluntary donations from members of the tribe to their prince and his squad, but then they become a mandatory tax. The payment of tribute has become a sign of submission (hence the word "subject" i.e. being under tribute, subject to it). Tribute was collected by polyudia, when the princes, usually once a year, traveled around the lands subject to them and collected income from their subjects. There were no conflicts. The sad fate of Grand Duke Igor, who was killed by the Drevlyans for excessive extortions, was known, which forced his widow, Princess Olga, to streamline taxation. She established the so-called churchyards - special tribute collection points (usually it was a large village). The population paid taxes in furs, which were a kind of monetary unit. Their value as a means of payment did not disappear even when they, while retaining the princely sign, lost their presentation. Foreign currency was also used, which was melted down into Russian grivnas.

An important element political system The church became the ancient Russian society, which from the moment of the baptism of Russia was closely connected with the state. At first, Prince Vladimir Svyatoslavich tried to use the pagan cult for state interests, establishing a hierarchy of pagan gods headed by Perun, the god of thunder and war, but then he switched to the Christian religion and baptized Russia. According to legend, he thought for a long time before making a choice in favor of Orthodoxy.

The baptism of Russia took place largely by force, especially in the northern Russian lands, where the population did not want to renounce the faith of their fathers and grandfathers. One way or another, but as soon as Russia adopted Christianity, the church organization began to grow, and soon the church declared itself not only as a large (collective) feudal lord, but also as a force that contributed to the strengthening of domestic statehood. At the head of the Orthodox Church was the Metropolitan of Kyiv, appointed at that time from Byzantium, the center of Orthodoxy. Then the princes of Kiev began to appoint him. In some Russian lands, the church organization was headed by bishops.

1.5. Legal system

Sources of law. The emergence of the Old Russian state was naturally accompanied by the formation of Old Russian law, historically the first source of which was legal customs - the norms of the customs of pre-class society, sanctioned by the emerging state. Among them you can find blood feud, the principle of talion - "equal for equal". The totality of these norms of the annals and other ancient documents is called the "Russian Law".

The first written monuments of ancient Russian law that have come down to us were the agreements between Russia and Byzantium. Concluded after successful military campaigns, these treaties were of an international legal nature, but at the same time they reflected the norms of the Russian Law. (From these treaties, we, in fact, know about the main content of ancient Russian customary law).

Princely legislation as a source of law appears in Russia in the tenth century. Of particular importance are the statutes of Vladimir Svyatoslavich, Yaroslav, who made changes to the current financial, family and criminal law. The largest monument of ancient Russian law is Russkaya Pravda, which retained its significance in subsequent (beyond Kiev) periods of Russian history.

Russian Pravda was compiled over a long period of time (in the 11th-11th centuries), but some of its articles go back to pagan antiquity. For the first time, its text was discovered by V.N. Tatishchev in 1738. Now more than a hundred of its lists are known, which differ significantly from each other in terms of volume, structure, and content. The legal monument is usually divided into three editions (large groups of articles, united chronologically and semantic content): Short, Long and Abbreviated. The Brief Edition includes two components: the Truth of Yaroslav (or the Most Ancient) and the Truth of the Yaroslavichs - the sons of Yaroslav the Wise. Yaroslav's Truth includes the first 18 articles of the Brief Edition and is entirely devoted to criminal law. Most likely, it was compiled when there was a struggle for the throne of Kyiv between Yaroslav and his brother Svyatopolk (1015-1019). The mercenary Varangian squad of Yaroslav dealt with the Novgorodians, thereby laying the foundation for a protracted and unprofitable conflict for Yaroslav. In an effort to appease the Novgorodians, he "gave" them Pravda, commanding them to "walk according to her letter."

The truth of the Yaroslavichs includes the following two dozen articles of the Brief Edition (the so-called Academic List). As it is clear from its title, the collection was developed by the three sons of Yaroslav the Wise with the participation of their closest associates. The composition of the text dates back to about the middle of the 11th century. From the second half of the same century, a lengthy edition began to take shape, which took shape in the final version in the 12th century. In terms of the level of development of legal institutions, this is already the next stage in the development of Old Russian law, although, along with new regulations, the Long Truth also includes modified norms of the Brief Edition. It presents criminal and inheritance law, thoroughly developed the legal status of various categories of the population. By the XIII-XIV centuries. includes the emergence of the Abridged Edition, which is a selection of articles of the Long Truth, adapted to regulate the more developed social relations of the period of political fragmentation in Russia.

In addition to Russkaya Pravda, which stood at the center of the legal system of the Old Russian state, in the era of Kievan Rus, church charters of princes Vladimir and Yaroslav the Wise were known from legal sources, from which the history of church legislation came, as well as articles from legal collections of other Slavic peoples. Used, for example, "Law Judgment people" from Bulgaria. The Pilot's Books, Byzantine collections of ecclesiastical and civil decrees, mostly related to the field of family and marriage law, were also important.

The whole set of legal customs and laws that were in force in Russia created the basis for a fairly developed system of ancient Russian law. Like any feudal right, it was a right-privilege, i.e. the law provided for the inequality of people belonging to different social groups. So, the serf had almost no rights. The legal capacity of smerds, especially purchases, was very limited. But the law took the rights and privileges of the top of the feudal society under enhanced protection.

Civil law. Russkaya Pravda and other sources of ancient Russian law quite clearly distinguish between two main parts of civil law - the right of ownership and the law of obligations. The right of ownership arises with the establishment of feudalism and feudal ownership of land. Feudal property is formalized in the form of a princely domain (land property belonging to a given princely family), a boyar or monastic estate. In the Brief Edition of Russian Pravda, the inviolability of feudal land ownership is fixed. In addition to ownership of land, it also speaks of the ownership of other things - horses, draft animals, serfs, etc.

As for the law of obligations, Russkaya Pravda knows obligations from contracts and obligations from causing harm. Moreover, the latter merge with the concept of crime and are called resentment.

Old Russian law of obligations is characterized by foreclosure not only on property, but also on the person of the debtor, and sometimes even on his wife and children. The main types of contracts were contracts of exchange, sale, loan, luggage, personal hiring. Agreements were concluded orally, but in the presence of witnesses - rumors. The purchase and sale of land apparently required a written form. When selling a stolen item, the transaction was considered invalid, and the buyer had the right to claim damages.

The loan agreement is most fully regulated in Russian Pravda. In 1113, there was an uprising of the lower classes of Kiev against usurers, and Vladimir Monomakh, called by the boyars to save the situation, took measures to streamline the collection of interest on debts. The law in the form of an object of a loan names not only money, but also bread, honey. There are three types of loans:

an ordinary (household) loan, a loan made between merchants (with simplified formalities), and a loan with self-mortgage - purchasing. There are different types of interest depending on the term of the loan. Interest collection period is limited to two years. If the debtor paid interest within three years, then he had the right not to return the amount owed to the creditor. The short-term loan entailed the highest interest rate.

Marriage and family law. It developed in Ancient Russia in accordance with canonical rules. Initially, there were customs associated with a pagan cult. One of the forms of individual marriage in the pagan era was the kidnapping of the bride (including imaginary), the other was the purchase. Polygamy was quite widespread. (According to The Tale of Bygone Years, then men had two or three wives, and Grand Duke Vladimir Svyatoslavich had five wives and several hundred concubines before baptism). With the introduction of Christianity, new principles of family law are established - monogamy, the difficulty of divorce, the lack of rights for illegitimate children, cruel punishments for extramarital affairs.

According to the Church Charter of Yaroslav, a monogamous family becomes an object of protection from the church. Members of such a family, primarily the wife, enjoy her full patronage. Marriage was necessarily preceded by betrothal, which was considered indissoluble. The marriageable age was low (14-15 years for a man and 12-13 years for a woman). The church demanded a wedding as an indispensable condition for the legality of marriage. The legislation of Ancient Russia consistently defended the free will of the spouses, establishing the responsibility of those parents who either marry off their daughter without her consent, or prevent their daughter from marrying. Divorce was possible only if there were reasons listed in the Church Charter.

The question of property relations between spouses is not entirely clear. It is obvious, however, that the wife had a certain property independence. The law allowed property disputes between spouses. The wife retained ownership of her dowry and could pass it on through inheritance.

Children were completely dependent on their parents, especially on their father, who had almost unlimited power over them.

Inheritance law. The concept of inheritance arises directly with the advent of private property; at the same time, the inheritance law of the Eastern Slavs, which became widespread after the formation of the Old Russian state, retained many features of patriarchal relations. When inheriting by law, i.e. without a will, the sons of the deceased had the benefits. In their presence, the daughters did not receive anything (the heirs were only obliged to marry the sisters). The hereditary mass was divided, obviously, equally, but the youngest son had the advantage - he received his father's court. Illegitimate children did not have hereditary rights, but if their mother was a robe-concubine, then they received freedom along with her. The right of the father to dispose of property in the preparation of a will was not limited. The exception to this rule was that he could not bequeath his daughter's property.

Criminal law. In the Old Russian state, a crime was called an insult. This meant causing any harm to the victim. But harm, as you know, can be caused both by a crime and a civil violation (tort). Thus, Russkaya Pravda did not distinguish between a crime and a civil violation.

The criminal law of the period under review was feudal. The life, honor, property of serfs were not protected by law. The benefits belonging to the feudal lords were defended especially zealously: for the murder of a feudal lord, a fine of 80 hryvnia was established, and for a smerd only 5 hryvnia. Kholops were not recognized as subjects of law at all. Art. 46 of Russian Pravda says that if serfs turn out to be thieves, then the prince does not punish them with a fine, since they are not free (and because of this, as the legislator probably believes, they can commit theft at the instigation of their master). The owner of such a serf was obliged to pay double remuneration to the victim. In some cases, the victim could deal with the serf-offender himself, without turning to government bodies, up to the murder of a serf who encroached on a free man.

Russian Truth does not know the age limits of criminal liability, the concept of insanity. The state of intoxication does not exclude liability. But Russian Pravda knows the concept of complicity. The problem is solved simply: all accomplices in the crime are equally responsible.

Russian Truth distinguishes between liability depending on the subjective side of the crime. It does not distinguish between intent and negligence, but distinguishes between two types of intent - direct and indirect. This is noted with responsibility for the murder: murder during the settling of accounts is punishable by the highest measure of punishment - a flood and plunder, while murder in a "marriage" (fight) is only vira. By subjective side liability for bankruptcy also differs: only intentional bankruptcy is considered criminal. The state of passion excludes, according to the norms of Russian Truth, liability. As for the objective side of criminal acts, the vast majority of crimes are committed through action. Only in very few cases is criminal inaction punishable (concealment of a find, prolonged failure to return a debt).

Russian Truth knows only two generic objects of the crime - the personality of a person and his property. Hence, there are only two kinds of crimes. But each genus includes quite a variety of types of criminal acts. Among the crimes against the person should be called murder, bodily harm, beatings, insult by action. Princely statutes also know verbal insult, where the object of the crime is mainly the honor of a woman. In the statutes of princes Vladimir Svyatoslavich and Yaroslav, one can find references to sexual crimes.

Among property crimes, Russian Truth pays the most attention to theft (tatba). Horse theft was considered the most serious type of tatba. The criminal destruction of other people's property by arson is also known, punishable by flood and plunder. The princely statutes provided for crimes against the church, as well as against family relations. The Church, planting a new form of marriage, with the help of criminal law, fought hard against the remnants of pagan rites.

In Russian Pravda there are no indications of either state or malfeasance. But this does not mean that speeches against princely power went unpunished. Simply in such cases, direct reprisals were used without trial or investigation. Just remember what Princess Olga did with the murderers of her husband.

Court and judiciary. In the Old Russian state, the court was not separated from the administration. Posadniks and other officials who administer justice received a certain part of the vir and sales collected during the consideration of cases. In addition, they were also rewarded by the parties - participants in the process. The supreme court was the Grand Duke.

Old Russian law did not yet know the distinction between criminal and civil proceedings, although some procedural actions could only be applied in criminal cases (persecution of the trace, code). In any case, both in criminal and civil cases, an adversarial (accusatory) process was used, in which the parties were equal. Both parties in the process were called plaintiffs. (Researchers believe that the inquisitorial, investigative process with all its attributes, including torture, was also used in the church court).

Russkaya Pravda knows two specific procedural forms of pre-trial preparation of a case - persecution of a trace and a set. Pursuing a trace is the search for a criminal in his footsteps. If the trail led to the house of a particular person, it means that he is the criminal, if to the village - the community is responsible, if he got lost on the high road - the search for the criminal stops.

If neither the lost thing nor the thief is found, the victim has no choice but to resort to a cry, i.e. declare missing in the market place in the hope that someone will identify the stolen or lost property from another person. A person who is found to have lost property may, however, claim that he acquired it in a lawful manner, for example, he bought it. Then the bridging process begins. The owner of the property must prove the good faith of its acquisition, i.e. indicate the person from whom he acquired this item. At the same time, the testimony of two witnesses and a collector of trade duties is sufficient.

The law provides for a certain system of evidence, including testimony. There are two categories of witnesses - vidoki and rumors. The first are witnesses in the modern sense of the word, eyewitnesses of the incident. Rumors are a more complex category. These are people who heard about what happened from someone who has second-hand information. Sometimes rumors were also understood as witnesses of the good glory of the parties. They were supposed to show that the defendant or the plaintiff are respectable people who are trustworthy. In some civil and criminal cases, a certain number of witnesses were required (for example, two witnesses when concluding a contract of sale, two witnesses when insulting by action). In other words, there is an element of formalism in the use of witness testimony.

In the Old Russian state, a whole system of formal proofs appeared - ordeals. Among them should be called a judicial duel - "field". The one who won the duel won the case, because it was believed that God helps the right. In Russkaya Pravda and other laws of the Kievan state, the "field" is not mentioned, but other sources, including foreign ones, speak of the practical use of this type of ordeals in Russia.

Another type of "God's judgment" was iron and water trials. The iron test was used when other evidence was lacking, and in more serious cases than the water test. Russkaya Pravda, devoting three articles to ordeals, does not disclose the technique of their implementation. According to later sources, however, it can be concluded that if a person, bound and thrown into the water, began to drown, then he was considered to have won the case. A special type of evidence was an oath - "company". In some cases, external signs and physical evidence had probative value.

In Russkaya Pravda, certain forms of enforcement of a court decision are visible, for example, the recovery of vira from the murderer. A special official, the virnik, came to the convict's house with a large and armed retinue and "patiently" waited for him to pay the fine, receiving a plentiful natural allowance every day. It was more profitable for the criminal to get rid of his debt and get rid of unpleasant "guests" as quickly as possible.

For the bulk of the crimes, the punishment was "sale" - a criminal fine.

2. STATE AND LAW OF RUSSIA IN THE PERIOD OF SPECIFIC GOVERNMENT (XII-XIV CENTURIES). FORMATION OF THE RUSSIAN CENTRALIZED STATE

2.1. Prerequisites for political fragmentation

In the middle of the XII century. The Old Russian state broke up into twelve specific principalities. This was the political result of the further development of feudalism, the strengthening of feudal ownership of land, the establishment of feudal rent as a means of exploiting the peasantry. Specific Gravity Drop international trade, which was carried out along the path "from the Varangians to the Greeks" through Kyiv, the cessation of the conquering campaigns of the Kiev princes, which enriched the nobility, weakened the importance of Kyiv as the political and economic center of the Russian lands. The attempts of the Kiev princes to stop the process of disintegration of Kievan Rus through feudal congresses did not bring success. One by one, the lands began to be liberated from the power of Kyiv, local feudal lords began to pursue their own policy, often different from the national, Kiev one. In an effort to expand their land holdings, local feudal lords and princes seized neighboring lands, which intensified civil strife and feudal strife. Gradually, new economic and political centers - Novgorod, Smolensk, Galich, Ryazan and others - are being strengthened. The new era was characterized by the spread of arable farming, and the three-field system began to take hold. Crafts are developing in the cities, and the number of craft specialties is growing. Cities become centers of the surrounding territories, military strongholds. However, under the dominance subsistence farming the development of commodity production had its limits: trade ties between the principalities were fragile and unstable.

The increase in productivity in agriculture and handicrafts led to an increase in the value of land. The feudal lords now saw in the land the main source of their enrichment. The desire of the feudal lords to expand their land holdings is sharply increasing. In such conditions, the grand princely power, in an effort to strengthen its position, widely practices the distribution of land to those close to it. The result ultimately turned out to be the opposite: the growth of large feudal landownership and the assistance of the central government to it weakened the Kievan throne and led to the disintegration of the state unity of Kievan Rus. Having become the owners of vast land holdings, local princes and boyars gained independence both economically and politically. The real power of the Kiev princes quickly declined and was gradually limited to the territory of the Kiev principality itself, although nominally Kyiv continued to be considered an all-Russian "capital city".

The collapse of state unity, the economic and political isolation of individual principalities and lands is a natural stage in the development of the feudal system. But, on the other hand, the transition to feudal fragmentation, the dismemberment of the Old Russian state weakened the resistance to external pressure and facilitated (later) the conquest of Russia by the Tatar-Mongols.

After the collapse of the Old Russian state for the economic and political development its individual parts great importance had the location of the principality, the level of feudalization of its economic life. The political forms of domestic statehood during the period of appanage rule were diverse - from strong princely power to the republican system. The main variants are connected with the history of Vladimir (Rostovo)-Suzdal and Galicia-Volyn principalities, Novgorod and Pskov feudal republics.

2.2. Vladimir-Suzdal Principality

The Vladimir-Suzdal principality is a typical example of the Russian principality of the period of feudal fragmentation. Occupying a large territory - from the Northern Dvina to the Oka and from the sources of the Volga to its confluence with the Oka, Vladimir-Suzdal Rus eventually became the center around which the Russian lands were united, the Russian centralized state was formed. Moscow was founded on its territory. The growth of the influence of this large principality was largely facilitated by the fact that it was there that the grand ducal title passed from Kyiv. All Vladimir-Suzdal princes, descendants of Vladimir Monomakh, from Yuri Dolgoruky (1125-1157) to Daniil of Moscow (1276-1303) bore this title. The metropolitan see was also moved there. After the ruin of Kyiv by Batu in 1240, to replace the Greek Joseph, the Patriarch of Constantinople appointed Metropolitan Kirill, a Russian by birth, as the head of the Russian Orthodox Church, who, during his trips to the dioceses, clearly preferred North-Eastern Russia. The next Metropolitan Maxim in 1299, "not enduring the violence of the Tatars," finally left Kyiv and "sitting in Volodymyr with all his clergy." He was also the first of the metropolitans to be called the metropolitan of "All Russia".

Rostov Veliky and Suzdal, two ancient Russian cities, were given from ancient times by the great Kievan princes as inheritances to their sons. Vladimir founded in 1108 Vladimir Monomakh and gave it as an inheritance to his son Andrei. The city became part of the Rostov-Suzdal Principality, where Andrei's elder brother, Yuri Dolgoruky, occupied the princely throne, after whose death his son Andrei Bogolyubsky (1157-1174) transferred the capital of the principality from Rostov to Vladimir. Since then, the Vladimir-Suzdal Principality has its origins.

The Vladimir-Suzdal principality did not retain its unity and integrity for long. Shortly after its rise under Grand Duke Vsevolod the Big Nest (1176-1212), it broke up into small principalities. In the 70s. 13th century became independent and Moscow principality.

Social system. The structure of the class of feudal lords in the Vladimir-Suzdal principality differed little from that in Kiev. However, here a new category of petty feudal lords arises - the so-called boyar children. In the XII century. there is also a new term - "nobles". The ruling class also included the clergy, which in all Russian lands of the period of feudal fragmentation, including the Vladimir-Suzdal principality, retained its organization, which was built according to the church charters of the first Russian Christian princes - St. Vladimir and Yaroslav the Wise. Having conquered Russia, the Tatar-Mongols left the organization of the Orthodox Church unchanged. They confirmed the privileges of the church with khan's labels. The oldest of them, issued by Khan Mengu-Temir (1266-1267), guaranteed the inviolability of faith, worship and church canons, retained the jurisdiction of the clergy and other church persons to church courts (with the exception of cases of robbery, murder, exemption from taxes, duties and duties). The metropolitan and bishops of the Vladimir land had their own vassals - the boyars, the children of the boyars and the nobles, who carried out their military service.

tax.

Starting from the 9th century, rigid centralized power began to form in Russia.

The territory of our country is located between Europe and Asia.

Any military actions of these parties passed through our

land and gave rise to constant extreme situations, therefore

constantly stood the task of being in combat readiness.

Based on this, we understand that our state

militarized for centuries. Europe and Asia for sure

influenced the formation of political institutions,

cultural, and many others, which is why many scientists,

including Florensky, called our country Eurasia.

Christianity came to Russia in 988, and in 1054 it split into two directions: Orthodoxy (Rus) and Catholicism (the West). From this

moment the confrontation began, which at the end of the 17th and beginning of the 18th centuries. it ends thanks to Peter1 (the window to Europe).

Due to the above three factors, a special form has developed in our country social organization society.

If in Western countries the cell of society is the family, then in Russia it was a community, a collective, a corporation. For all these reasons, in

Our country has always played the decisive role of the state, centralized power.

We find the first mention of the Old Russian state in the "Tale of Bygone Years", which was written by the monk Nester in the 12th century and

tells about the events in the middle of the 9th century.

The Slavic tribes, who by that time lived in a rural community, sought to unite, quarreled among themselves because of the priority

authorities. Their dispute lasted a long time, and they were forced to turn to their northwestern neighbors, the Normans (Varangians) with a proposal to come

reign and govern the Slavs.

In 862, the Varangian prince Rurik began his reign in Novgorod and Kyiv.

In 882, Prince Oleg united the northern and southern territories.

The Old Russian state was a vast and very unstable association due to the fact that it was united only by military

considerations.

At that time, the head of state was the prince. His throne was in Kyiv. The prince periodically went “to the people”, this was called polyudye.

Polyudye is a way of collecting tribute from the population of the East Slavic tribes that existed in the 9th-12th centuries in Russia. Tribal. unions kept

own organization, the duties of their princes included the supply of tribute (carriage), mainly furs. The size was calculated proportionally

yards, and did not depend on the wealth of the owners.

The Old Russian state combined elements of the slave-owning, feudal system.

In the 10th century, the feudal system was defined.

Features of the feudal system:all land is the property of the Grand Duke.

An estate is a landed property that belonged to a feudal lord - hereditarily and with the right to resale, pledge

or donations.

Gradually attaching peasants to the land.

Significance of the adoption of Christianity.
The adoption of Christianity raised the status of the state, put it along with Western European countries, strengthened ties with Byzantium, the state grew stronger, the role of the prince strengthened, and also contributed to the development of culture and writing.
Feudal fragmentation began in the 11th century.
In 1097, a congress of specific princes took place in the city of Lyubech. A decision was made - each prince keeps his own land - a patrimony and passes it on by inheritance.

The emergence of the Old Russian state

How: faced with the so-called Norman theory.

Pro: the chronicle "The Tale of Bygone Years" makes it clear that in the IX century. our ancestors lived in conditions of statelessness (through indirect facts like tribute to other tribes). Based on this, the moment of the formation of the state in Russia is considered to be 862, when the Varangian princes came to Russia and sat on the thrones: Rurik - in Novgorod, Truvor - in Izborsk (not far from Pskov), Sineus - in Beloozero.

· The factual material given in the "Tale of Bygone Years" does not give grounds for the conclusion about the creation of the Russian state by calling the Varangians.

· The state cannot organize one person or several even the most prominent men. The state is the product of a complex and long development of the social structure of society. The main refutation of the Norman theory is the rather high level of social and political development of the Eastern Slavs in the 9th century.

Modern domestic scientists mostly reject the Norman theory. It is possible that the Slavs invited several princes with their squads as military specialists

882: Novgorod prince Oleg captured Kyiv and united the East Slavic lands into one state.

social order

Feudal lords:

§ Princes - the presence of princely villages where dependent peasants lived.

§ Boyars - aristocracy, due to the exploitation of the peasants and predatory wars.

§ Church, monasteries - princes give tithes.

§ Vigilantes and servants, princely and boyar.

The main privilege of the feudal lords was the ownership of land and the exploitation of the peasants. Enhanced protection of life, health and honor (insult).

Working population – stinks(a part of the peasantry, already enslaved by the feudal lords; they lived in communities-lines of a neighboring character; the rope is bound by mutual responsibility, a system of mutual assistance).

feudal dependent peasant – purchase. He had his own household, but the need forced him to take a kupa (money sum / in-kind assistance) from the feudal lord and, because of this, he was obliged to work for the owner. His labor is to pay only the interest on the debt. Responsible for negligent damage. In the event of an escape / theft, he turned into a serf. The master in relation to him had the right patrimonial justice. Rights: it was impossible to beat “not for the cause”, sell into slaves (otherwise automatically released from his obligations to the master), he could complain about the master to the judges, it was impossible to take away property with impunity.

"Involuntary servant": M - serf, F - slave. Disenfranchised, equated to cattle. They did not form the basis of production, domestic slavery. Categories of serfs whose life is protected by a higher punishment: service personnel of the princely and boyar courts. The development of the process of turning serfs into feudally dependent peasants became the first serfs.

The lack of attachment of the peasant to the land and the personality of the feudal lord - the purchase, if he managed to get money to pay the debt, can immediately leave.

Cities: proper cities with veche and "suburbs" without veche. Urban population: merchants, "guests" conducted foreign trade, in Kyiv and Novgorod, skilled artisans erected temples and palaces for the nobility, weapons, jewelry. Cities are centers of culture, literacy (merchants and artisans). The village is illiterate.

Stacked up estates - large groups of people united by the unity of legal status.

Polyethic. Since the introduction of Christianity, the synthesis has been facilitated by the same baptism of all pagans. Metropolitan Hilarion in the 11th century. about the equality of all Christian peoples without the priority of Russians. Civil and procedural privileges for foreigners.

Political system

Early feudal. Features.

Organization of state unity. The system of relations of suzerainty-vassalage - the entire structure of the state rests on the ladder of the feudal hierarchy (the vassal depends on the lord, and that one on the larger / supreme overlord). Vassals are required to be in the army, pay tribute. Senior - to provide land, protect from encroachment. Within the limits of his possessions, the vassal has immunity - even the overlord could not interfere in his internal affairs. Immunity rights: collection of tribute, court with the receipt of appropriate income.

Vassals of the Grand Dukes are local princes. Vladimir Svyatoslavich imprisoned his sons. At the congress in Lubicz at the end of the 11th century: the appanage system - the consolidation of lands that are inherited in the corresponding clan. The vassals of these princes were the boyars.

State mechanism. Monarchy. Grand Duke: supreme legislative power (Charter of Vladimir, Truth of Yaroslav), executive power (head of administration), military leader (he himself led the army and personally led the army into battle), head of the diplomatic mission (since the 10th century), judicial functions.

Transferred power by inheritance in a direct descending line (from father to son). All men, excl. Duchess Olga.

Prince's advice: close associates of the Grand Duke, the top of his squad - princes men.

Feudal conventions- meetings of the top of the feudal lords, resolving inter-princely disputes (Pravda Yaroslavichi was adopted).

Veche, grown out of the people's assembly (in Novgorod).

Decimal, numerical control system- the heads of military units became leaders of large units of the state (thousand - military leader, sotsky - city judicial and adm. official, tenth -?).

Later there was differentiation. Central administration - palace and patrimonial system (from the idea of ​​​​combining the management of the Grand Duke's Palace with the state administration). over time, the princes entrust various kinds of servants, who were in charge of meeting the needs of life, areas of government. So the personal servant becomes the state. activist, administrator.

Local government system: local princes in appanages, representatives of the central government (governors and volosts), who received “food” from the population for their service ( feeding system).

military organization. Grand Duke squad - professional soldiers, advisers to the prince. The senior squad - the top of the feudal lords determined the policy of the prince. Vassals of the Grand Duke brought squads, a militia from their servants and peasants. Boyar and princely sons at the age of 3 were put on a horse, and at 12 their fathers were taken on a campaign.

Fortified cities. Services of mercenaries - Varangians, steppe nomads.

Court. Administration representatives, officials who helped in the administration of justice (virniki collected fines for murder), church authorities, the patrimonial court (the right of the feudal lord to judge people dependent on him himself). The judicial powers of the feudal lord are an immunity right.

Tax system, tribute. Historically, voluntary gifts of tribe members to their prince and squad preceded. Turned into a mandatory tax, the very payment of tribute is a sign of subordination (subject). At first, by polyudia, the prince once a year traveled around the subject lands and collected income directly from his subjects. Prince Igor was killed by the Drevlyans. Princess Olga established graveyards - special. collection points. Gathered with furs, marten and squirrel furs were den.ed. even when they lost their presentation, their value as a means of payment did not disappear if they retained the princely sign - the first Russian banknotes. From the 8th c. ino. currency (denarii) - often melted down into Russian hryvnias.

Church. Vladimir Svyatoslavich streamlined the pagan cult (the system of six gods, headed by the god of thunder and war - Perun). He baptized Russia (sometimes with fire and sword, as in Novgorod). At the head is the metropolitan/bishop.

Legal system

Sources:

1. customs- customary law.

2. From the 10th century princely legislation- charters of Vladimir Svyatoslavich, Yaroslav

3. Russian truth Yaroslav the Wise (Novgorod / Kyiv). The Pravda of Yaroslav and the Pravda of the Yaroslavichs (sons of Yaroslav in the second half of the 11th century) formed the basis of the Short Edition of Russian Pravda. Vladimir Monomakh made a major revision and a lengthy edition was formed. In total - up to 6 new editions, over a hundred lists.

4. With the introduction of Christianity - canon law based on Byzantine.

Civil law - property relations. Full ownership of the feudal lord on the means of production and incomplete ownership of the worker.

Law of Obligation: Obligations arose from harm and from contracts. Foreclosure not only on property, but also on the very person of the debtor, and sometimes even on his wife and children. A malicious bankrupt could be sold into slaves.

Contract system

1. Loan agreement - as a result of the uprising of the lower classes of Kiev in 1113 against usurers. The law in the form of an object of the loan provides for money, bread, honey. Three types of loans: ordinary (household), made between merchants (with simplified formalities), self-mortgaging (purchasing). Various types of interest depending on the term of the loan.

2. Contract of sale (serfs and stolen property).

3. Agreement of storage (luggage) - a friendly service, free of charge, did not require formalities when concluding an agreement.

4. Contract of personal employment: as tiuns (servants) or housekeepers. If a person entered such work without a special contract, he automatically became a serf.

5. Contract of carriage, commissions

6. Contract for the construction or repair of a bridge, city pavements (“a lesson for bridgemen”).

7. Wooden pavements arose in Novgorod earlier than in Paris.

8. The procedure for concluding agreements - an oral form with the performance of some symbolic actions - hand-beating, tying hands; with witnesses.

inheritance law– openly class approach of the legislator. Daughters could also inherit from boyars and warriors, while from smerds, in the absence of sons, property went to the prince.

Inheritance by will (oral), by law (the advantages of the sons, if they were present, the daughters did not receive anything (only the obligation to marry), the hereditary mass was divided equally, but the youngest son received his father's court). Illegitimate children had no rights, but if their mother was a slave concubine, then they received freedom along with her.

Inheritance of ascending relatives (parents after children) was excluded, lateral ones (brothers, sisters) were allowed.

The law does not speak of the succession of a husband after his wife. The wife also does not inherit after her husband, but remains to manage the common household until it is divided among the children. The widow receives a subsistence amount, but if she remarries, she does not receive anything from the inheritance of her first husband.

Family law. Bride kidnapping, polygamy (2-3, Grand Duke Vladimir Svyatoslavich had 5 + several hundred concubines before baptism). Baptism - monogamy, difficulty in divorce, lack of rights for illegitimate children, cruel punishments for extramarital affairs. Low marriageable age (12-13 F, 14-15 M). Parental consent, engagement. The Church took the registration of marriages, births, deaths (important acts of civil status), which gave her considerable income and dominion over human souls.

The law allowed property disputes between spouses. The wife had def. property independence - retained ownership of their dowry and could pass it on by inheritance.

Children are completely dependent on their parents, the father has unlimited power.

Criminal law

Crime ("offense"): only that which causes direct damage to a specific person, his person or property is criminal.

Elements of a crime

1. subject. The subject can be any person, except for a serf. Mr. is responsible for it. The foreigner is also the subject of the crime

2. subjective side.

«+»: The RP differentiates liability depending on the subjective side of the crime: domestic murder on the basis of a quarrel or fight is punishable by a criminal fine (indirect intent), while murder in robbery by stream and looting (direct intent).

«-»: there is no difference between intent and negligence, there is no age limit, there is also no concept of insanity, there is no differentiation into the organizer and accomplices (all accomplices are equally responsible), there is no concept of aggravating and mitigating circumstances (for example, a state of intoxication does not exclude liability. If the owner beats the purchase under a drunken hand, loses him with all his debts; a merchant who drank someone else's goods entrusted to him is also liable criminally)

3. objective side. The vast majority of crimes are committed by action. Only in a few cases is omission punishable. (harboring, prolonged non-repayment of a debt)

4. an object. The class nature of ancient Russian law is most clearly manifested. Responsibility depends on the social affiliation of the victim. Two generic objects of the crime are the personality of a person and his property.

Crime system:

Criminal fines for infringement on a person are of a pronounced class character; in case of an encroachment on property, this manifests itself less sharply.

1. against personality

1.1. murder

1.1.1. domestic murders on the basis of a quarrel or fight

1.1.2. Robbery murder

1.2. injuries

1.3. insult

1.3.1. action

1.3.2. in a word (“reproach”, the object of the crime is the honor of a woman)

2. Property

2.1. tatba (the most serious kind is horse theft, because a horse is a means of production and military property)

2.2. destruction of other people's property (arson was punished by flood and looting, because it is easily accessible, socially dangerous)

2.3. illegal use of another's property

3. Sexual offenses and crimes against family relations subject to ecclesiastical court - unauthorized divorce, adultery, kidnapping, rape.

Punishment system

1. flow and plunder- murder of a convicted person and direct pilfering of his property / expulsion and confiscation of property / sale into slaves (for murder in robbery, horse stealing, arson of the threshing floor)

2. vira(previously golovnichestvo) - a criminal fine that was paid only for the murder and only a free person; if his verv (community) paid for the criminal - a wild vira.

3. sale(earlier lesson) - a criminal fine depending on the corpus delicti.

4. Church punishments - penitimia: for fornication with a sister for 15 years, “fast and cry”, light - 500 bows a day.

There is no clear distinction between criminal and civil proceedings. The cases were considered in the order of the adversarial process, in which both parties (plaintiffs) are equal and are themselves the engine of all legal proceedings.

procedural law

Old Russian law is characterized by a classic adversarial process with procedural equality of the parties with a passive role of the court. The court was public and open to the eyes of the people. The proceedings were oral. The courts were not separated from the princely administration. Some special form litigation was not, it was not divided into criminal and civil.

Procedural forms of pre-trial preparation of the case

1. chasing the trail- this is the search for the criminal in his footsteps. If the trail led to the house of a specific person - he was a criminal, if to the village - a rope, if the trail was lost on the main road - the search stopped.

2. cry- a missing persons notice in the market place, in the hope that someone will identify the stolen or lost property from another person. “If a thing was discovered after three days from the moment of the call, then the one who had it was considered the defendant. If a person insisted that the thing belongs to him - the court of 12 husbands. If not, I bought it - then on the vault.

3. vault- a process in which the owner of the property must prove the good faith of its acquisition, i.e. indicate the person from whom he acquired the thing. In this case, the testimony of 2 witnesses or a collector (collector of trade duties) is required. The vault looked like a confrontation. Either before the call, or within 3 days after the call. The face gave an explanation of where he got the stolen item from. If he could not, such a tatem was recognized. If the vault went beyond the boundaries of the settlement, then the vault was up to 3 persons. He paid the owner and himself continued the set. The set could last 3 times (up to 3 people) Art. 35-37 Tr.

Evidence system

1. rumors and videos. Vidocqs are eyewitnesses, rumors are people who heard about what happened from someone, have second-hand information + sometimes they are witnesses of the good glory of the parties.

2. ordeals (God's judgment) - a system of formal proofs. Judicial duel (field - the one who won the duel won the case, because God helps the right), trials with iron and water (lowering the bound person into the water, if he drowned - won the case)

3. company (oath)

External signs and physical evidence: bruises and bruises are sufficient to prove a beating.

In the church court - the inquisitorial process.

Forms of securing the execution of a court decision: recovery of vira from the murderer - the virnik came to the house of the convict with a large retinue and waited for the payment of the vira, receiving an abundant natural content every day.

The state and law of Russia in the period of feudal fragmentation (XII - XIV centuries)

Transition to feudal fragmentation

Reasons for the collapse of the Old Russian state:

1. In the 12th century. individual Russian lands became economically stronger, their military power increased.

2. Strengthening the military power of the Russian lands à suppression of uprisings and defense against external enemies could be carried out by the forces of the local princes themselves.

3. Russian lands became economically stronger + the route from the Varangians to the Greeks lost its significance as a result of the Crusades.

4. The established order of inheritance in princely families: after the period of power of Vsevolod the Big Nest, the Vladimir-Suzdal principality weakened.

Legal basis for breakup- at the end of the 11th century. the feudal congress "everyone and keep his fatherland", i.e., created a specific system.

At the beginning of the 12th century The Old Russian lands moved from economic independence to political independence. In 1157, the Vladimir-Suzdal Principality arose as an independent state. The population of individual principalities and republics of the era of feudal fragmentation realized itself as the Russian people. Until the Tatar-Mongol invasion, the princes gathered for congresses.

TOTAL. The early feudal state continues, a republic appears, a single legal system - Russkaya Pravda. Only in the feudal republics do new legislative acts arise.

The main stages in the development of the Vladimir-Suzdal principalities

entrenched for Monomakhovichi from the congress in Lyubech. Yury Dolgoruky made attempts to seize the throne of Kiev. His son, Andrey Bogolyubsky, was the first prince to recognize the fact of the fragmentation of Ancient Russia, although he did not abandon the idea of ​​​​hegemony. The time of the reign of the brothers (Andrei Bogolyubsky and Vsevolod the Big Nest) and the son of Vsevolod Yuri is considered the heyday of the principality. Not a single important issue was resolved on Russian soil without the participation of the Grand Duke of Vladimir. During this period, in violation of the Novgorod tradition, princes were seated on the throne without the consent of the inhabitants. Both brothers preferred blockade to military operations: Torzhok and Tver built by Vsevolod blocked the supply of food to Novgorod.

Fleeing from the Tatar devastation, the Russian metropolitans moved to Vladimir, in 1300 finally.

The principality did not survive the Tatar devastation of 1136.

The main stages in the development of Novgorod and Pskov

Peculiarities:

· originality(the second Russian republic; the formation of the statehood of the Ilmen Slavs - the dominant position was occupied by the old tribal elite, and not by the military nobility). European feudalism was aware of the republican form of government, but the case when the republic would be equal in area to the territory of the whole of France is excluded.

· wealth of historical material of the lands(did not suffer from the Tatar-Mongol invasion).

The lands are inconvenient for agriculture à fishing, salt production, and hunting developed. In the 12th century Strengthening of the feudal landownership of the local nobility, the virtual absence of princely lands, the presence of large feudal estates in the church, the transformation of Novgorod into a center of trade with Western Europe à the economic independence of Novgorod from Kyiv. Gradually, Novgorod won the right to elect its posadnik and archbishop.

The republic existed for more than 300 years. In 1478, Novgorod was annexed to the Muscovite state, despite the resistance of the boyars, who gravitated towards Lithuania.

The Pskov feudal republic (the paucity of land - the absence of large boyar land ownership) gained independence from Novgorod in the 14th century. in exchange for her military assistance in the fight against the Swedes. In 1510 Pskov joined the Muscovite state.

The main stages in the development of the Galicia-Volyn principality.

Volyn and Galicia are the lands of the Chervonnaya, i.e. Red, beautiful Russia. They were among the younger ones, i.e. belonged to one of the younger lines of the Yaroslav family. In the second half of the 11th century the dynasty was founded by the grandson of Yaroslav the Wise - Rostislav Vladimirovich. At Yaroslav Osmomysl(1153-1187) the heyday of the principality: no one dared to attack, the land abounded in everything, multiplied in people. Volynsky Prince Roman captured - became one of the most influential. Causes of power: migration of the population to the west due to the frequent raids of nomads on Kievshina and constant strife.

The principality survived the Tatar-Mongol invasion, but in the 14th century. was divided between Poland and Lithuania. After the Union of Lublin in 1569, they became part of the Commonwealth.

social order

During the era of feudalism ownership of land inhabited by peasants also gave political power. Migration especially intensified under Yuri Dolgoruky, who, having lost the throne of Kiev, began to call everyone who wanted to come to him and helped with many loans and alms. then. the grand princes of Vladimir and their heirs, the princes of Moscow, became the owners of a significant number of villages.

Ownership of subjects' land grand duke was secondary, which did not exclude the broad powers of landowners.

AT Galicia the boyars were formed from the tribal nobility, there were large boyar estates. On the Volyn princes had domain possessions.

Rostov-Suzdal lands: large boyar land ownership (from the tribal nobility + people from the princely squad from the 12th century). In 1174, the boyars killed Andrei Bogolyubsky.

Novgorod and Pskov: the princely domain did not take shape. Landownership of the urban community (boyars - descendants of the tribal nobility: income from the public lands of Novgorod, since the 14th century individual landownership, trade and usury; jealously guarded their exclusive rights to occupy the highest elected positions in the republic). The role of the prince and veche in Pskov was higher (there was no large land ownership).

In the Vladimir-Suzdal principality, an estate of petty feudal lords began to form.

The lands distributed by the princes to their warriors acquired the status of estates and were inherited.

· the local form of feudal landownership of nobles is "holding"(land hereditary possession / feudal property, which is based on a transaction) and receiving land from the prince for service.

· nobles stand out as a social group. A nobleman is a military servant of a large feudal lord who manages his household, who is also a state. an official performing managerial, judicial and police functions.

That. during the period of feudal fragmentation, noble land ownership different from a large feudal fiefdom greater dependence its owner from the overlord, a dependence based on the official relationship of the nobleman with his master.

In Novgorod and Pskov:

landowners

1.1.living people they had lands inhabited by peasants, while remaining townspeople, they participated in trade, had limited rights (they could not be elected to the highest state positions).

1.2.Homeowners / Zemstvo: 673 out of 780 owned small and smallest estates, commensurate with peasant allotments - 25% cultivated plots with their own labor, 1/3 left their plots in the use of peasants and did not live in estates. Lived in the city. They were not included in the rural community.

Features of land ownership in feudal republics- the main landowning group were the townspeople. Veche determined the regime of lands gravitating towards the city. Peculiarity: land ownership, free from suzerainty-vassalage relations; the votchinnik maintained ties only with his urban community.

1.3.Spiritual feudal lords- monasteries and higher spiritual hierarchies (archbishop and bishop). Many secular feudal lords handed over their lands by testament to the mention of the soul. The fragmentation of land as with secular land ownership was impossible.

2. Urban population

2.1. feudal lords

2.2. merchants

Princes in their policy usually relied on the townspeople, especially merchants. Merchants united in corporations, societies. Churches were usually the centers of corporations. As befits the parishioners, they elected the elders, and three at once: from the living and the "black" people and two from the merchants.

The status of foreign and out-of-town merchants was determined by the agreements of the parties. Agreements with the prince played an important role. In 1226, an agreement was concluded with Lübeck: merchants could trade without restrictions and duty-free, but the Germans were denied the construction of a Catholic church in Novgorod.

2.3. artisans

2.4. " black people».

In Novgorod there were black, young people(masters, apprentices, artisans) with privileges when buying land stretching to the city, took part in local self-government, had tax immunity.

The strengthening of feudal land tenure under Andrei Bogolyubsky led to the enslavement of free communal peasants, which resulted in spontaneous mass discontent among the population.

Logic of historical development human society clearly proves that statehood was not and could not be introduced to the Slavs from outside - neither by the Varangians-Scandinavians, nor by the Khazars: statehood as such is formed as a result of certain processes within society itself with the emergence of property inequality and social stratification. However, for a number of centuries, the question of the formation of the Old Russian state remained a subject of controversy: The Tale of Bygone Years, the oldest Russian chronicle, contains extremely little information (the chronology of which is very doubtful) about the events of the 9th century, which include the formation of the state of Rus.

Nevertheless, elements of truth in the legend about the “calling of the Varangians”, apparently, are present: the Slavs, as was later accepted both in Russia and in Western Europe, could call on several Varangian kings (princes) with their squads as “military specialists." At the same time, although history knows the active participation of the Norman Vikings (“northern people”, called Varangians in Russia) in the state building of European powers, it should be emphasized that already starting from M.V. Lomonosov, a number of researchers admit the Slavic origin of Rurik, Sineus and Truvor (very interesting in this sense is V. Chivilikhin's essay "Memory").

One way or another, it is legitimate to say that in the IX century. in Eastern Europe, several principalities arose, at the head of which were the "summoned" Russian princes. From Arab and Byzantine sources it is clear that the most important of these political associations were Kiev, as well as the northern one, which developed in the area of ​​​​Novgorod that arose somewhat later.

It was from the end of the 9th century, when as a result of the campaign of the northern ruler Prince Oleg to the south, his capture of Kyiv and consolidation in it, that the southern and northern political centers of the Eastern Slavs united, it becomes possible to talk about the beginning of the formation of the Old Russian state.

social order

Starting from the XI century. in the social structure of the Old Russian state, the main features of feudal relations are more and more clearly visible.

An patrimony appears - from the word “fatherland” - paternal property, inherited. The patrimony could be inherited, sold, exchanged. How the estates were formed - at the expense of princely grants or naturally in the course of economic development of land - is not exactly established, it is only known that the complete fragmentation of collective land ownership in Kievan Rus did not occur. With the formation of feudal ownership of land, the main parts of feudal society, the feudal lords and dependent peasants, took shape. The largest feudal lords were the princes - the grand ducal house headed by the grand duke and the princes of tribes and lands; middle ones - boyars (princely - princely men, firemen - senior combatants, servants close to the prince and zemstvos - "old men of the city", descendants of the tribal nobility) and combatants; at the bottom rung of the hierarchy were princely and boyar servants.

With the introduction of Christianity, monasteries became large landowners. The main right and the main privilege of the feudal lords was the right to land and exploitation of the peasants. The state also protected other property of representatives of the upper strata of society, as well as their life, health and honor, for encroachments on which severe penalties were established.

The bulk of the working population was initially free, and then more and more falling into feudal bondage, part of the peasantry - people, or smerds, who lived in communities (ropes). In Russia, a community is an administrative-territorial and estate peasant self-governing organization, whose members, on the basis of mutual responsibility, jointly owned land without the right to alienate it. It was the collective property that belonged to the community that determined the socio-economic structure of Russia until the 11th century. The fortification, a fenced-off place, which naturally was the center of a group of rural communities, was called "grad" - a concept corresponding to the nascent city: the city proper, i.e. economic center, appears in Russia only at the end of the 10th century. The heyday of ancient Russian cities falls on the 11th-13th centuries, and the main categories of urban society, merchants and artisans, were the most literate part of the population, which is confirmed by numerous birch bark letters and author's inscriptions on household items.

As for the rural community, it consisted of one large and a number of scattered small peasant farms that jointly cultivated the land, bound by mutual responsibility, mutual responsibility for paying tribute, and so on. Relations within the vervi were built on the basis of communal democracy, characteristic of the period of military democracy that preceded feudalization. At the same time, the figure of a typical feudally dependent peasant appeared in the Old Russian state - a purchaser who had his own household, but was forced to take a sum of money (kupa) or assistance in kind from the feudal lord.

The labor of the purchase did not go towards paying the debt, acting only as the payment of interest on it. Because of this, the peasant could not work out the kupa and practically remained with the master for life, in case of flight he automatically turned into a serf. Nevertheless, unlike the latter, the purchase had some rights: he could complain about the master to the judges, he could not be sold into slaves, beat "not for the cause", however, according to Russkaya Pravda, the feudal lord had the right to beat the negligent purchase.

In addition to purchases, the dependent population was made up of Ryadovichi (those who became dependent after the conclusion of an agreement - a series), outcasts (from "goit" to live, in Russia in the 11th-12th centuries, people mentioned by Russkaya Pravda who came out (expelled) from their usual social position ; smerds who have lost contact with the community), pustniki (freed slaves) and serfs, completely disenfranchised and in the position of slaves (a category of feudal-dependent population, an element of rudimentary patriarchal slavery known since the 10th century).

To designate the latter in ancient Russian society, there was such a category of the population as “involuntary servants”: Russian Pravda calls an unfree man a serf or a servant, and an unfree woman a slave and combines them with the concept of “servants” (servants are people dependent on the basis of patriarchal slavery). It is noteworthy that Russkaya Pravda differentiates serfs, more strictly protecting the lives of servants, educators of children and artisans of the princely and boyar court. We note that later it was the serfs who became the first feudal-dependent peasants, but in the Old Russian state itself there was still no attachment of peasants to the land and the personality of the feudal lord; even a purchaser who managed to pay a debt could leave his master.

Speaking about the process of folding in the Old Russian state the estates of significant groups of the population, whose representatives have a single legal status, it should be borne in mind that the Old Russian society at the time we are considering was multi-ethnic. In particular, The Tale of Bygone Years names the non-Slavic - Finno-Ugric - tribes of the Chud and the whole: as they moved to the northeast, the Slavs entered the territories of settlement, primarily of the Finno-Ugric tribes. However, this process was not accompanied by the subjugation of the indigenous population, representing the peaceful assimilation of local tribes by the Slavs; Intertribal equality was also promoted by the same baptism of Slavs and Finns.

Let us note in this connection that the "Sermon on Law and Grace" speaks of the equality of all Christian peoples and does not emphasize the priority of Russians. Similarly, in the Old Russian legislation, we will not find any advantages for the Slavs; moreover, Russkaya Pravda provides certain advantages for foreigners in the field of civil and procedural law.

Political formations of the Eastern Slavs on the eve of the emergence of the state

Eastern Europe has been inhabited by Slavic tribes since ancient times. In the first centuries of the new era, ancient authors wrote about the Eastern Slavs, who called them Venets, Antes, Sclavens. These tribes lived on a large territory of present-day Ukraine and Russia. Their main occupation was agriculture. Therefore, they were not a nomadic, but a sedentary people. The Slavs were also engaged in cattle breeding, various types of crafts. A large number of Roman coins II-IV centuries. new era, found by archaeologists in the places of settlement of the Slavs, indicates that the Eastern Slavs maintained stable trade relations with neighboring peoples and states. They also developed an internal trade.

On the eve of the formation of the Old Russian state and in the initial period of its existence, sources usually refer to our ancestors by the names of the tribes or tribal unions in which they united, - meadows, drevlyans, krivichi, vyatichi etc. But at the same time, the word "ros" ("Rus", etc.) appears in the sources, although in different transcriptions. Somewhat later, in the treaties between Prince Oleg of Kiev and Byzantium (911), Russia is spoken of as a contracting party. Here you can also find a mention of the "Russian law", which, apparently, should be understood as the totality of legal customs that the Eastern Slavs were guided by in their lives. The Emperor of Byzantium, Constantine Porphyrogenitus, who ruled in the 10th century, in his famous work "On the Administration of the Empire" repeatedly speaks of the dews as a people and even "Russia" as a country.

Most modern researchers trace the origin of the term "Rus" from the name of the river Ros, a tributary of the Dnieper, which flowed through the land of the meadows. According to the name of this small river, first the meadows themselves, and then the inhabitants of the entire Kiev state, began to be called Rus. However, several other rivers had similar names, including the Volga, which was also called Rosya in those days. Was in Russia and the city of Rosiya at the mouth of the Don. The conclusion suggests itself: all this toponymy came from the name of the Rus people, which is a self-name.

Information about the social and political system of the Eastern Slavs until the 9th century. (i.e., before the formation of the Old Russian state) are scarce and fragmentary. Nevertheless, it follows from them that the Slavs already in the VI century. there were strong leaders, with their power reminiscent of monarchs. The development of production, large military expeditions against Byzantium and other neighbors contributed to the separation of tribal nobility, property stratification within the Slavic tribes. The tribal chiefs-princes surrounded themselves with close warriors - squads, more and more clearly towering over the mass of their fellow tribesmen. Under the influence of aggressive campaigns, various Slavic tribes often united into tribal military-political unions, and this unification took place already on a territorial (and not tribal, as before) basis.

A lot of information on the political history (and prehistory) of the Old Russian state is contained in the oldest chronicle "The Tale of Bygone Years", the author of which was the monk of the Kiev-Pechersk monastery chronicler Nestor. According to the chronicle, in the middle reaches of the Dnieper in the 6th century, the principality of the glades was formed, which became an important stage in the process of the emergence of the Old Russian state. During the time immediately preceding its formation, there were the principalities of Polyana, Drevlyansk, Dregovichi, Polotsk, and Slovenian. Applied to the VIII century. sources speak of three East Slavic associations - Kuyavia, Slavia, Artania. The first was located on Kiev land, the second - in the area of ​​​​Lake Ilmen, the location of the third has not been clarified. Some historians identify Artania with Tmutarakan, located on the Taman Peninsula; other researchers place it on the Volga. Of course, statehood among the Eastern Slavs in that era was primitive, had rudimentary forms, but it created the foundation for the emergence of the Old Russian state (Kievan Rus) - one of the largest states in the history of the European Middle Ages.

The peoples that inhabited Eastern Europe created their own statehood, bypassing the slave system and going straight to feudalism. Among them, the emergence of a class society led directly to the creation of a feudal state and law. The transition to feudalism took place in an evolutionary manner, spanning a long period. This transitional time was characterized by a peculiar social system, in which three ways of life simultaneously existed: primitive communal, slave-owning and feudal. At the same time, the first was steadily decomposing, the second, having appeared, did not receive further development, and only the third gained a historical perspective. This "transitional period" received various names in the literature (barbaric, pre-feudal, the period of formation of feudal relations, etc.).

The emergence of the Old Russian state

The moment of the emergence of the Old Russian state cannot be dated with sufficient accuracy. Obviously, there was a gradual development of those political entities, which were mentioned above, into the feudal state of the Eastern Slavs - Old Russian Kievan state Most historians agree that the emergence of the Old Russian state should be attributed to the 9th century.

In the ninth century the East Slavic states, primarily Kiev and Novgorod (these names are already replacing the old Kuyavia and Slavia), all (are more intensively involved in international trade, which took place along the water route "from the Varangians to the Greeks." This route, which ran through the lands of several East Slavic peoples, helped bring them closer.

How was the ancient Russian statehood born? "The Tale of Bygone Years" reports that at first the southern Slavic tribes paid tribute to the Khazars and the northern - Varangians, that the latter drove the Varangians away, but then changed their minds and called on the Varangian princes. This decision was due to the fact that the Slavs quarreled among themselves and decided to turn to foreign princes to establish peace and order, seeing them as arbitrators to settle the disputes that had arisen. It was then that the chronicler "uttered the famous phrase:" Our land is great and plentiful, but there is no dress (order) in it. Yes, go and rule over us "(Tales of Ancient Russia. L., 1983. S. 31). The Varangian princes allegedly did not agree at first, but then accepted the invitation. Three Varangian princes came to Russia and in 862 sat on the thrones: Rurik - in Novgorod, Truvor - in Izborsk (not far from Pskov), Sineus - in Beloozero.This event is considered to be the starting point in the history of national statehood.

By themselves, the evidence of the annalistic code does not cause objections, but in the 18th century. German historians working in the Russian Academy of Sciences interpreted them in such a way as to prove the legitimacy of the rule of the German nobility at the then Russian imperial court, moreover, to substantiate the inability of the Russian people to constructive public life both in the past and in the present, its "political and cultural backwardness.

In Russia, patriotic forces have always opposed the Norman theory of the origin of domestic statehood, since its appearance. M.V. Lomonosov was its first critic. Subsequently, not only many Russian scientists, but also historians of other Slavic countries joined him. The main refutation of the Norman theory, they pointed out, is the rather high level of social and political development of the Eastern Slavs in the 9th century. In terms of their level of development, the Slavs stood above the Varangians, so they could not borrow the experience of state building from them. The state cannot be organized by one person (in this case, Rurik) or several even the most prominent men. The state is the product of a complex and long development of the social structure of society. In addition, it is known that the Russian principalities, for various reasons and at different times, invited squads not only of the Varangians, but also of their steppe neighbors - the Pechenegs, Karakalpaks, Torks. We do not know exactly when and how the first Russian principalities arose, but in any case they already existed before 862, before the notorious "calling of the Varangians." (In some German chronicles, since 839, Russian princes are called Khakans, i.e. kings). This means that it was not the Varangian military leaders who organized the Old Russian state, but the already existing state gave them the corresponding state posts. By the way, there are practically no traces of Varangian influence in Russian history. Researchers, for example, calculated that for 10 thousand square meters. km of the territory of Russia, only 5 Scandinavian geographical names can be found, while in England, subjected to the Norman invasion, this number reaches 150.

In addition to the Slavs, some neighboring Finnish and Baltic tribes entered the Old Russian Kiev state. This state, therefore, from the very beginning was ethnically heterogeneous - on the contrary, multinational, multi-ethnic, but its basis was the Old Russian nationality, which is the cradle of three Slavic peoples - Russians (Great Russians), Ukrainians and Belarusians. It cannot be identified with any of these peoples in isolation. However, Ukrainian nationalist historians at the beginning of the 20th century. tried to portray the Old Russian state as Ukrainian. This idea was picked up after the collapse of the USSR in some Ukrainian nationalist circles with the aim of quarreling the three fraternal Slavic peoples, "historically" substantiating the independence of Ukraine, its "historical superiority" over Russia, although, as you know, the Old Russian state neither in terms of territory nor the composition of the population did not coincide with modern Ukraine. In the ninth and even in the twelfth century it is still impossible to talk about a specifically Ukrainian culture, language, etc. All this appeared later, when, due to objective historical processes, the ancient Russian nationality broke up into three independent branches.

social order

All feudal societies were strictly stratified; divided into classes, the rights and obligations of which were clearly defined by law as unequal in relation to each other and to the state. Each class had its own legal status. To view feudal society as divided exclusively into exploiters and exploited is a simplification. A representative of the feudal class, with all his material well-being, could lose his life more likely than a poor peasant. Monasticism (with the exception of the highest church hierarchs) lived in such asceticism and deprivation that its position could hardly arouse the envy of ordinary estates.

Slaves and serfs. Not becoming the predominant mode of production, slavery in Russia became widespread only as a social way of life. There were reasons for that. The content of the slave was too expensive, there was nothing to occupy him with the long Russian winter. The climatic conditions unfavorable for the use of slave labor were supplemented by the decline of slavery in neighboring countries: there was no clear example for borrowing and spreading this institution in the Slavic lands. Its spread was also hindered by developed community ties, the possibility of harvesting by the forces of free community members. Slavery in Russia had a patriarchal character.

The terms "slave", "servant", "serf" were used to denote the slave state. However, some historians believe that these terms are of different origin: servants and serfs were from fellow tribesmen, slaves were from prisoners of war. In addition to captivity, the source of slavery was the birth of a slave. Criminals and bankrupts also fell into slavery. A dependent person (purchase) could become a slave in the event of an unsuccessful escape from his master or theft. There were cases of self-sale into slavery.

The legal status of a slave changed over time. Starting from the XI century. in Russian law, the principle began to operate, according to which a slave could not be the subject of legal relations. He was the owner of the master, he had no property of his own. For the criminal offenses committed by the serf, the material damage caused to them, the owner was responsible. For the murder of a serf, he received compensation of 5-6 hryvnia.

Under the influence of Christianity, the fate of the serfs was alleviated. Applied to the XI century. we can already talk about the protection of the identity of the serf for pragmatic reasons. A stratum of serfs appeared, who advanced in the administrative service of the master and had the right to command other categories of the dependent population on his behalf. The Church intensifies the persecution for the murder of serfs. Slavery degenerates into one of the forms of severe personal dependence with the recognition of certain rights for serfs, primarily the right to life and property.

Feudal lords. The class of feudal lords was formed gradually. It included princes, boyars, warriors, local nobility, posadniks, tiuns, etc. The feudal lords carried out civil administration and were responsible for the military organization. They were mutually bound by a system of vassalage, collected tribute and court fines from the population, and were in a privileged position compared to the rest of the population. Russian Pravda, for example, establishes a double penalty of 80 hryvnias for the murder of princely servants, tiuns, grooms, firemen. But she is silent about the boyars and combatants themselves, from which we can conclude that most likely the death penalty was relied on for an encroachment on their lives. The ruling class of ancient Russian society was called "boyars". Along with this, the most common name, there are others in the sources: the best people, deliberate men, princely men, firemen. There were two ways to form the boyar class. Firstly, the tribal nobility, which stood out in the process of decomposition of the tribal system, became boyars. These were deliberate men, city elders, zemstvo boyars, speaking on behalf of their tribe. Together with the prince, they participated in military campaigns, enriching themselves at the expense of captured trophies. The second category consisted of princely boyars - fire boyars, princely men. As the power of the Kiev princes strengthened, the zemstvo boyars received immunity letters from the hands of the prince, securing their lands as hereditary property (patrimonies). In the future, the layer of zemstvo boyars completely merges with the princely boyars, the differences between them disappear.

The princely boyars, who were part of the second category of boyars, were in the past the prince's combatants, and during military campaigns they became the core of the Russian army. Constantly being with the prince, the combatants performed his various tasks in governing the state, were advisers to the prince on issues of internal and foreign policy. For this service to the prince, the combatants were endowed with land and became boyars.

Clergy. Its legal status as a privileged social group took shape with the adoption of Christianity, which became an important factor in strengthening the national statehood at the initial stage of its development. The Christian religion, which replaced paganism, brought with it the doctrine of the divine origin of the supreme state power, a humble attitude towards it. After adoption of Christianity in 988 the princes began to widely practice the distribution of land to the highest representatives of the church hierarchy and monasteries. A large number of villages and cities were concentrated in the hands of the metropolitans and bishops, they had their own servants, serfs and even an army. The church was given the right to tithe for its maintenance. Over time, she was removed from the princely jurisdiction and began to judge her hierarchs herself, as well as to judge all who lived on her lands.

The church organization was headed by a metropolitan, who was appointed by the patriarch of Constantinople (the princes tried to obtain the right to appoint metropolitans for themselves, but did not achieve success during the period under review). Under the Metropolitan, there was a council of bishops. The territory of the country was divided into dioceses headed by bishops who were appointed by the metropolitan. In their dioceses, the bishops managed church affairs together with a collegium of local priests - the kliros.

Urban population. Kievan Rus was a country not only of villages, but also of cities, of which there were up to three hundred. Cities were military strongholds, centers of struggle against foreign invasion, centers of crafts and trade. There was an organization similar to the guilds and workshops of Western European cities. The entire urban population paid taxes. The church charter of Prince Vladimir speaks of the payment of duties on weights and measures; there was also a special city-wide tax - suburbs. Old Russian cities did not have their own self-government bodies, they were under princely jurisdiction. Therefore, the city ("Magdeburg Law") did not arise in Russia.

Free urban residents enjoyed the legal protection of Russian Truth, they were covered by all of its articles on the protection of honor, dignity and life. A special role in the life of cities was played by the merchants, who early began to unite in corporations (guilds), called hundreds. Usually "merchant hundred" acted at any church. "Ivanovskoe Sto" in Novgorod was one of the first merchant organizations in Europe.

Peasantry. The bulk of the population were stinks. Some researchers believe that all villagers were called smerds. Others believe that smerds are only a part of the peasantry, already enslaved by the feudal lords. Russkaya Pravda nowhere specifically indicates the restriction of the legal capacity of smerds, there are indications that they pay fines that are typical for free citizens. But in the testimonies about smerds, their unequal position slips through, constant dependence on the princes, who "favor" villages with smerds.

Smerdy lived rope communities. The community in the Old Russian state was no longer consanguineous, but territorial, neighboring in nature. It operated on the principle of mutual responsibility, mutual assistance. The duties of the peasant population in relation to the state were expressed in the payment of taxes (in the form of tribute) and dues, and participation in armed defense in the event of hostilities.

The basis for the formation of the categories of the dependent peasantry was "purchasing" - an agreement with the master, secured by the personality of the debtor himself. Zakup - an impoverished or ruined peasant who fell into a dependent position; he took inventory, a horse, and other property from the master and worked off the interest on the debt. The purchase retained partial legal capacity: it could act as a witness in certain types of lawsuits, its life was protected by a vira of 40 hryvnias (as well as the life of a free person). He had the right to leave the owner to work, he could not be beaten without "guilt" the law protected his property. However, for escaping from the master, the purchase turned into a serf. Under Prince Vladimir Monomakh, the provision of purchases was eased (limitation of interest on the amount of debt, suppression of unreasonable sale of purchases to slaves, etc.).

Political system

Kievan Rus was not a centralized state. Like other states of the period of the formation of feudal relations, for example, the empire of Charlemagne in Western Europe, the Old Russian state was "patchwork", it was inhabited by different tribes - glades, drevlyans, krivichi, dregovichi, etc. Local princes were obliged to participate with their army in campaigns Kiev princes, were present at the feudal congresses, some of them were members of the princely council. But with the development of feudal relations, the deepening of the process of feudalization, the ties between the local princes and the Kiev Grand Duke weakened more and more, and prerequisites for feudal fragmentation arose.

The state unity of Kievan Rus rested on the system of suzerainty-vassalage. The entire structure of the state rested on the ladder of the feudal hierarchy. A vassal depended on his lord, who depended on a larger lord or supreme overlord. Vassals were obliged to help their lord (to participate in his military expeditions and pay tribute to him). In turn, the seigneur was obliged to provide the vassal with land and protect him from the encroachments of neighbors and other oppressions. Within the limits of his possessions, the vassal had immunity. This meant that no one, including the overlord, could interfere in his internal affairs. The vassals of the Grand Duke were local princes, who had such immunity rights as the right to collect tribute and administer court with the receipt of appropriate income.

At the head of the Old Russian state was Grand Duke. He held the supreme legislative power. Known major laws issued by the Grand Dukes and bearing their names: the Charter of Vladimir, the Truth of Yaroslav, etc. The Grand Duke of Kyiv concentrated in his hands the executive power, being the head of the administration. He led the entire military organization of the ancient Russian state, personally led the army into battle. (Prince Vladimir Monomakh recalled at the end of his life about his 83 big campaigns). The grand dukes performed the external functions of the state not only by force of arms, but also through diplomacy. Ancient Russia stood at the European level of diplomatic art. She concluded various international treaties of a military and commercial nature, either orally or in writing. Diplomatic negotiations were conducted by the princes themselves; they also sometimes headed embassies sent to other countries. Performed princes and judicial functions.

The figure of the prince arose as a result of the evolution of the power that belonged to the tribal leader, but the princes of the period of military democracy were elected. Becoming head of state, Grand Duke transfers his power by inheritance, in a straight descending line, i.e. from father to son. Usually the princes were men, but an exception is known - Princess Olga.

Although the Grand Dukes were monarchs, yet they could not do without listening to the opinions of those close to them. So there was a council under the prince, which was not legally formalized in any way, but which had a serious influence on the monarch. The council included close associates of the Grand Duke, the top of his squad - princely men. Sometimes in the ancient Russian state feudal congresses were convened, in which large feudal lords took part. The congresses resolved inter-princely disputes and some other issues. It has been suggested in the literature that at one of these congresses the Truth of the Yaroslavichs, an important component of the Russian Truth, was adopted. There was also a veche in the Old Russian state, which grew out of the ancient people's assembly. His activity was especially high in Novgorod.

Initially, in Kievan Rus, a decimal, or numerical, control system was used, which grew out of a military organization, in which the heads of military units - tenth, hundredth, thousandth - were the leaders of more or less large units of the state. So, Tysyatsky retained the functions of a military commander, and Sotsky became a city judicial and administrative official. Over time, however, the decimal system gave way to the palace and patrimonial system, which grew out of the idea of ​​combining the management of the grand duke's palace with state administration. In the economy of the Grand Duke there were various kinds of servants who were in charge of its individual branches (butlers, stables, etc.). Over time, the princes began to instruct them to conduct certain affairs throughout the state, endowing them with appropriate powers.

The system of local government was simple. In addition to the local princes who were sitting in their destinies, representatives of the central government were sent to the places - governors and volostels. They did not receive salaries from the treasury for their service, but "fed" at the expense of the local population, from which they collected, not forgetting themselves, a tribute in favor of the prince. Thus, a feeding system developed in Russia, which far outlived the Old Russian state (in the Muscovite state it was canceled only in the middle of the 16th century).

The basis of the military organization of Kievan Rus was the grand ducal squad, relatively small in number. These were professional warriors who depended on the mercy of the prince. But he also depended on them. The combatants were not only warriors, but also advisers to the prince. The senior squad represented the top of the class of feudal lords and to a large extent determined the policy of the prince, internal and external. Vassals of the Grand Duke, appearing at his call to Kyiv, brought with them squads, as well as a militia, consisting of their servants and peasants. Every man had to own a weapon. Boyar and princely sons were put on a horse already at the age of three, and at the age of 12 their fathers took them on campaigns. Feeling the need to build up military strength, the Kiev princes often resorted to the services of mercenaries - first the Varangians, then the steppe nomads (Karakalpaks, etc.)

In ancient Russia there were no special judicial bodies. Judicial functions were performed by representatives of the administration, including its head, the Grand Duke. However, there were special officials who helped in the administration of justice. Among them are, for example, virniki, who collected criminal fines for murder. Virnikov, when they were on duty, was accompanied by a whole retinue of minor officials. Judicial functions were also performed by the church and individual feudal lords, who had the right to judge people dependent on them (patrimonial justice). The judicial powers of the feudal lord were an integral part of his immunity rights.

The management of the state, the conduct of wars, the satisfaction of the personal needs of the Grand Duke and his entourage required, of course, considerable funds. In addition to income from their own lands, the princes established tax system, tribute. At first, these were voluntary donations from members of the tribe to their prince and his squad, but then they become a mandatory tax. The payment of tribute has become a sign of submission (hence the word "subject" i.e. being under tribute, subject to it). Tribute was collected by polyudya, when the princes, usually once a year, traveled around the lands subject to them and collected income from their subjects. There were no conflicts. The sad fate of Grand Duke Igor, who was killed by the Drevlyans for excessive extortions, was known, which forced his widow, Princess Olga, to streamline taxation. She established the so-called churchyards - special tribute collection points (usually it was a large village). The population paid taxes in furs, which were a kind of monetary unit. Their value as a means of payment did not disappear even when they, while retaining the princely sign, lost their presentation. Foreign currency was also used, which was melted down into Russian grivnas.

An important element of the political system of ancient Russian society was the church, which from the moment of the baptism of Russia was closely connected with the state. At first, Prince Vladimir Svyatoslavich tried to use the pagan cult for state interests, establishing a hierarchy of pagan gods headed by Perun, the god of thunder and war, but then he switched to the Christian religion and baptized Russia. According to legend, he thought for a long time before making a choice in favor of Orthodoxy.

The baptism of Russia took place largely by force, especially in the northern Russian lands, where the population did not want to renounce the faith of their fathers and grandfathers. One way or another, but as soon as Russia adopted Christianity, the church organization began to grow, and soon the church declared itself not only as a large (collective) feudal lord, but also as a force that contributed to the strengthening of domestic statehood. At the head of the Orthodox Church was the Metropolitan of Kyiv, appointed at that time from Byzantium, the center of Orthodoxy. Then the princes of Kiev began to appoint him. In some Russian lands, the church organization was headed by bishops.

Legal system

Sources of law. The emergence of the Old Russian state was naturally accompanied by the formation of Old Russian law, historically the first source of which were legal customs - norms of customs of pre-class society, sanctioned by the emerging state. Among them you can find blood feud, the principle of talion - "equal for equal". The totality of these norms of the annals and other ancient documents is called "Russian law".

The first written monuments of ancient Russian law that have come down to us were treaties between Russia and Byzantium. Concluded after successful military campaigns, these treaties were of an international legal nature, but at the same time they reflected the norms of the Russian Law. (From these treaties, we, in fact, know about the main content of ancient Russian customary law).

Princely legislation as a source of law appears in Russia in the tenth century. Of particular importance are statutes Vladimir Svyatoslavich, Yaroslav, who made changes to the current financial, family and criminal law. The largest monument of ancient Russian law is Russian Truth, retained its significance in subsequent (after Kiev) periods of national history.

Russian Pravda was compiled over a long period of time (in the 11th-11th centuries), but some of its articles go back to pagan antiquity. For the first time, its text was discovered by V.N. Tatishchev in 1738. Now more than a hundred of its lists are known, which differ significantly from each other in terms of volume, structure, and content. The legal monument is usually divided into three editions (large groups of articles, united chronologically and semantic content): Short, Long and Abbreviated. AT Brief edition includes two components: the Truth of Yaroslav (or the Most Ancient) and the Truth of the Yaroslavichs - the sons of Yaroslav the Wise. Yaroslav's Truth includes the first 18 articles of the Brief Edition and is entirely devoted to criminal law. Most likely, it was compiled when there was a struggle for the throne of Kyiv between Yaroslav and his brother Svyatopolk (1015-1019). The mercenary Varangian squad of Yaroslav dealt with the Novgorodians, thereby laying the foundation for a protracted and unprofitable conflict for Yaroslav. In an effort to appease the Novgorodians, he "gave" them Pravda, commanding them to "walk according to her letter."

The truth of the Yaroslavichs includes the following two dozen articles of the Brief Edition (the so-called Academic List). As it is clear from its title, the collection was developed by the three sons of Yaroslav the Wise with the participation of their closest associates. The composition of the text dates back to about the middle of the 11th century. From the second half of the same century, a lengthy edition began to take shape, which took shape in the final version in the 12th century. In terms of the level of development of legal institutions, this is already the next stage in the development of Old Russian law, although, along with new regulations, the Long Truth also includes modified norms of the Brief Edition. It presents criminal and inheritance law, thoroughly developed the legal status of various categories of the population. By the XIII-XIV centuries. includes the emergence of the Abridged Edition, which is a selection of articles of the Long Truth, adapted to regulate the more developed social relations of the period of political fragmentation in Russia.

In addition to Russkaya Pravda, which stood at the center of the legal system of the Old Russian state, in the era of Kievan Rus, church charters of princes Vladimir and Yaroslav the Wise were known from legal sources, from which the history of church legislation came, as well as articles from legal collections of other Slavic peoples. Used, for example, "Law Judgment people" from Bulgaria. The Pilot's Books, Byzantine collections of ecclesiastical and civil decrees, mostly related to the field of family and marriage law, were also important.

The whole set of legal customs and laws that were in force in Russia created the basis for a fairly developed system of ancient Russian law. Like any feudal right, it was a right-privilege, i.e. the law provided for the inequality of people belonging to different social groups. So, the serf had almost no rights. The legal capacity of smerds, especially purchases, was very limited. But the law took the rights and privileges of the top of the feudal society under enhanced protection.

Civil law. Russkaya Pravda and other sources of ancient Russian law quite clearly distinguish between two main parts of civil law - the right of ownership and the law of obligations. The right of ownership arises with the establishment of feudalism and feudal ownership of land. Feudal property is formalized in the form princely domain(land ownership belonging to this princely family), boyar or monastery estate. In the Brief Edition of Russian Pravda, the inviolability of feudal land ownership is fixed. In addition to ownership of land, it also speaks of the ownership of other things - horses, draft animals, serfs, etc.

As for the law of obligations, Russkaya Pravda knows obligations from contracts and obligations from causing harm. Moreover, the latter merge with the concept of crime and are called resentment.

Old Russian law of obligations is characterized by foreclosure not only on property, but also on the person of the debtor, and sometimes even on his wife and children. The main types of contracts were contracts of exchange, sale, loan, luggage, personal hiring. Agreements were concluded orally, but in the presence of witnesses - rumors. The purchase and sale of land apparently required a written form. When selling a stolen item, the transaction was considered invalid, and the buyer had the right to claim damages.

The loan agreement is most fully regulated in Russian Pravda. In 1113, there was an uprising of the lower classes of Kiev against usurers, and Vladimir Monomakh, called by the boyars to save the situation, took measures to streamline the collection of interest on debts. The law in the form of an object of a loan names not only money, but also bread, honey. There are three types of loans:

an ordinary (household) loan, a loan made between merchants (with simplified formalities), and a loan with self-mortgage - purchasing. There are different types of interest depending on the term of the loan. Interest collection period is limited to two years. If the debtor paid interest within three years, then he had the right not to return the amount owed to the creditor. The short-term loan entailed the highest interest rate.

Marriage and family law. It developed in Ancient Russia in accordance with canonical rules. Initially, there were customs associated with a pagan cult. One of the forms of individual marriage in the pagan era was the kidnapping of the bride (including imaginary), the other was the purchase. Polygamy was quite widespread. (According to The Tale of Bygone Years, then men had two or three wives, and Grand Duke Vladimir Svyatoslavich had five wives and several hundred concubines before baptism). With the introduction of Christianity, new principles of family law are established - monogamy, the difficulty of divorce, the lack of rights for illegitimate children, cruel punishments for extramarital affairs.

According to the Church Charter of Yaroslav, a monogamous family becomes an object of protection from the church. Members of such a family, primarily the wife, enjoy her full patronage. Marriage was necessarily preceded by betrothal, which was considered indissoluble. The marriageable age was low (14-15 years for a man and 12-13 years for a woman). The church demanded a wedding as an indispensable condition for the legality of marriage. The legislation of Ancient Russia consistently defended the free will of the spouses, establishing the responsibility of those parents who either marry off their daughter without her consent, or prevent their daughter from marrying. Divorce was possible only if there were reasons listed in the Church Charter.

The question of property relations between spouses is not entirely clear. It is obvious, however, that the wife had a certain property independence. The law allowed property disputes between spouses. The wife retained ownership of her dowry and could pass it on through inheritance.

Children were completely dependent on their parents, especially on their father, who had almost unlimited power over them.

Inheritance law. The concept of inheritance arises directly with the advent of private property; at the same time, the inheritance law of the Eastern Slavs, which became widespread after the formation of the Old Russian state, retained many features of patriarchal relations. When inheriting by law, i.e. without a will, the sons of the deceased had the benefits. In their presence, the daughters did not receive anything (the heirs were only obliged to marry the sisters). The hereditary mass was divided, obviously, equally, but the youngest son had the advantage - he received his father's court. Illegitimate children did not have hereditary rights, but if their mother was a robe-concubine, then they received freedom along with her. The right of the father to dispose of property in the preparation of a will was not limited. The exception to this rule was that he could not bequeath his daughter's property.

Criminal law. In the Old Russian state, crime was called resentment. This meant causing any harm to the victim. But harm, as you know, can be caused both by a crime and a civil violation (tort). Thus, Russkaya Pravda did not distinguish between a crime and a civil violation.

The criminal law of the period under review was feudal. The life, honor, property of serfs were not protected by law. The benefits belonging to the feudal lords were defended especially zealously: for the murder of a feudal lord, a fine of 80 hryvnia was established, and for a smerd only 5 hryvnia. Kholops were not recognized as subjects of law at all. Art. 46 of Russian Pravda says that if serfs turn out to be thieves, then the prince does not punish them with a fine, since they are not free (and because of this, as the legislator probably believes, they can commit theft at the instigation of their master). The owner of such a serf was obliged to pay double remuneration to the victim. In some cases, the victim could deal with the serf-offender himself, without turning to state bodies, up to the murder of the serf who encroached on a free person.

Russian Truth does not know the age limits of criminal liability, the concept of insanity. The state of intoxication does not exclude liability. But Russian Pravda knows the concept of complicity. The problem is solved simply: all accomplices in the crime are equally responsible.

Russian Truth distinguishes between liability depending on the subjective side of the crime. It does not distinguish between intent and negligence, but distinguishes between two types of intent - direct and indirect. This is noted with responsibility for the murder: murder during the settling of accounts is punishable by the highest measure of punishment - a flood and plunder, while murder in a "marriage" (fight) is only vira. On the subjective side, liability for bankruptcy also differs: only intentional bankruptcy is considered criminal. The heat of passion excludes, according to the norms of Russian Truth, liability. As for the objective side of criminal acts, the vast majority of crimes are committed through action. Only in very few cases is criminal inaction punishable (concealment of a find, prolonged failure to return a debt).

Russian Truth knows only two generic objects of the crime - the personality of a person and his property. Hence, there are only two kinds of crimes. But each genus includes quite a variety of types of criminal acts. Among the crimes against the person should be called murder, bodily harm, beatings, insult by action. Princely statutes also know verbal insult, where the object of the crime is mainly the honor of a woman. In the statutes of princes Vladimir Svyatoslavich and Yaroslav, one can find references to sexual crimes.

Among property crimes, Russian Truth pays the most attention to theft (tatba). Horse theft was considered the most serious type of tatba. The criminal destruction of other people's property by arson is also known, punishable by flood and plunder. The princely statutes provided for crimes against the church, as well as against family relations. The Church, planting a new form of marriage, with the help of criminal law, fought hard against the remnants of pagan rites.

In Russian Pravda there are no indications of either state or malfeasance. But this does not mean that speeches against princely power went unpunished. Simply in such cases, direct reprisals were used without trial or investigation. Just remember what Princess Olga did with the murderers of her husband.

Court and judiciary. In the Old Russian state, the court was not separated from the administration. Posadniks and other officials who administer justice received a certain part of the vir and sales collected during the consideration of cases. In addition, they were also rewarded by the parties - participants in the process. The supreme court was the Grand Duke.

Old Russian law did not yet know the distinction between criminal and civil proceedings, although some procedural actions could only be applied in criminal cases (persecution of the trace, code). In any case, both in criminal and civil cases, an adversarial (accusatory) process was used, in which the parties were equal. Both parties in the process were called plaintiffs. (Researchers believe that the inquisitorial, investigative process with all its attributes, including torture, was also used in the church court).

Russkaya Pravda knows two specific procedural forms of pre-trial preparation of a case - persecution of a trace and a set. Pursuing a trace is the search for a criminal in his footsteps. If the trail led to the house of a particular person, it means that he is the criminal, if to the village - the community is responsible, if he got lost on the high road - the search for the criminal stops.

If neither the lost thing nor the thief is found, the victim has no choice but to resort to a cry, i.e. declare missing in the market place in the hope that someone will identify the stolen or lost property from another person. A person who is found to have lost property may, however, claim that he acquired it in a lawful manner, for example, he bought it. Then the bridging process begins. The owner of the property must prove the good faith of its acquisition, i.e. indicate the person from whom he acquired this item. At the same time, the testimony of two witnesses and a collector of trade duties is sufficient.

The law provides for certain proof system, including testimonies. There are two categories of witnesses - vidoki and rumors. The first are witnesses in the modern sense of the word, eyewitnesses of the incident. Rumors are a more complex category. These are people who heard about what happened from someone who has second-hand information. Sometimes rumors were also understood as witnesses of the good glory of the parties. They were supposed to show that the defendant or the plaintiff are respectable people who are trustworthy. In some civil and criminal cases, a certain number of witnesses were required (for example, two witnesses when concluding a contract of sale, two witnesses when insulting by action). In other words, there is an element of formalism in the use of witness testimony.

A whole system of formal proofs appears in the Old Russian state - ordeals. Among them should be mentioned judicial duel - "field". The one who won the duel won the case, because it was believed that God helps the right. In Russkaya Pravda and other laws of the Kievan state, the "field" is not mentioned, but other sources, including foreign ones, speak of the practical use of this type of ordeals in Russia.

Another type of "God's judgment" was iron and water trials. The iron test was used when other evidence was lacking, and in more serious cases than the water test. Russkaya Pravda, devoting three articles to ordeals, does not disclose the technique of their implementation. According to later sources, however, it can be concluded that if a person, bound and thrown into the water, began to drown, then he was considered to have won the case. A special kind of proof was oath -"company". In some cases, external signs and physical evidence had probative value.

In Russkaya Pravda, certain forms of enforcement of a court decision are visible, for example, the recovery of vira from the murderer. A special official, the virnik, came to the convict's house with a large and armed retinue and "patiently" waited for him to pay the fine, receiving a plentiful natural allowance every day. It was more profitable for the criminal to get rid of his debt and get rid of unpleasant "guests" as quickly as possible.

For most crimes, the punishment was "sale" - criminal fine.