Russian truth mentions. A lengthy Russian truth with comments and translation into modern Russian of individual articles. Page of the Trinity List of Russian Pravda. 14th century
Court of Yaroslav Vladimerich, Pravda Ruska
1. If you kill the husband of the husband, then take revenge on the brother of the brother, like the father, or the son, like the brother, or brother sons; if there is no one to take revenge on him, then put 80 hryvnias behind his head, otherwise there will be a prince, or a prince; If there is a Rusyn, or Grid, a merchant, a tivun boyaresk, a swordsman, an outcast, a Slovenian, then 40 hryvnias will be put for n.
Translation. one. If the husband kills the husband, then the brother takes revenge for the brother, or the son for the father, or the cousin, or the nephew; if no one takes revenge, then 80 hryvnias for the murdered, if there is a princely husband or princely steward; if there is a Rusyn, or Grid, or a merchant, or a boyar steward, or a swordsman, or an outcast, or a Slovene, then 40 hryvnias for the murdered.
2. According to Yaroslav, the packs of his sons have come together: Izyaslav, Svyatoslav, Vsevolod and their men: Kosnyachko, Pereneg, Nikifor, and put off the murder by the head, but redeem them with kunami; but otherwise, just as Yaroslav judged, so did his sons leave.
Translation. 2. After the death of Yaroslav, his sons Izyaslav, Svyatoslav and Vsevolod and their husbands Kosnyachko, Pereneg, Nikifor gathered again and replaced the blood feud with a fine; and all the rest his sons established, as Jaroslav judged.
About murder
3. Even if someone kills the prince's husband in robbery, and does not look for the headman, then pay the rope, in whose rope the head lies, then 80 hryvnias; Paki whether Lyudin, then 40 hryvnia.
Translation. 3. If someone kills a princely husband, like a robber, and (members of the vervi) do not look for the murderer, then the virva for him in the amount of 80 hryvnias must be paid to the verva on whose land the murdered person is found; in the case of a murder of a person, pay the vir (prince) 40 hryvnias.
A princely husband is a princely servant, combatant, feudal lord. The headman is a killer.
Virevnaya (from the word vira) - a monetary penalty in favor of the prince for the murder of a free man.
Verv - a neighboring territorial community: derived from the word "rope", with the help of which plots of arable land were measured for the use of members of the verv. Lyudin is a commoner, a simple free villager or city dweller.
Along with "sales" (see below), virs were a primitive form of "tax" in favor of the "public power" of the princes. For the murder of princely husbands, a double vira is assigned. The reprisal against them and the unwillingness of the members of the vervi to extradite their fellow-murderer to the feudal lord speaks of the aggravation of the class struggle in Kievan Rus.
4. Which rope will begin to pay the wild faith, how much to fly to pay that faith, but without a golovnik pay them. If there is a headstock in their rope, then apply it to them, dividing the same with them to help the headstock, any wild faith; but pay them 40 hryvnias in total, and golovnik to the golovnik himself; and 40 hryvnias to pay him his part of the squad. But if he is killed or in a wedding or in a feast, then pay him according to the rope now, even if you apply the rope.
Translation. four. If the rope starts paying the wild virus (when the killer is not found), then it is given an installment plan for several years, because they (members of the rope) have to pay without the killer. But if the killer is in the rope, then she must help him, since he is investing his share in the wild vira. But to pay them (members of the vervy) only 40 hryvnias together, and the headman is to pay the murderer himself, contributing his part to the 40 hryvnias paid by the vervy. But so pay according to the rope, if it is invested in (general) vira, in cases where the perpetrator killed (a person) in a quarrel (fight) or openly in a feast.
Wild vira - common, paid collectively; from the words "wild" or "divy" in the sense of "common, belonging to no one" (cf. "wild honey", "wild field", "wild beast", etc.).
Marriage - quarrel, clash, fight, enmity.
Wild vira was paid by the rope in the following cases: a) when the killer was not found or the community did not want to extradite him; b) unintentional murder in a fight, at a feast. The custom testifies, on the one hand, to still strong ties within the rope between its members, who protect themselves by pooling in case of unforeseen cases, threatening the rope with ruin (80 hryvnias could buy 40 horses - this is a huge amount, see below). On the other hand, the article speaks of property stratification within the rope, its members running their own economy, which provides funds for "attaching" to the wild rope.
Auger become without guilt for robberies
5. If there will be steel for robberies without any marriage, then people will not pay for the robber, but will give out everything with his wife and children for a stream and for plunder.
Robbery without marriage - premeditated murder with the seizure of someone else's property. Flow (from sharpening, sharpening) - arrest, reference.
Translation. 5. If someone becomes a robbery for no reason. Whoever commits robbery without a marriage, kills a man deliberately, like a robber, then people do not pay for him, but must give him up with his wife and children for a stream and for plunder.
People (cf. in Art. 3 "people") - members of the vervi - are not financially responsible for premeditated murder, but are obliged to extradite the killer with the wife and children of the princes under arrest with confiscation of all property. The cruelty of the punishment, which extended not only to the criminal himself, but also to members of his family, is explained by the fact that the prince ceased to receive income from the "people" who participated in the robbery.
6. Even who does not invest in a wild faith, people do not help him, but he himself pays.
Translation. 6. If someone (from the members of the vervi) does not contribute his share to the wild virus, people should not help him, but he himself pays.
Another evidence of property stratification within the vervi: either the wealthy or the poor did not "invest" in the wild virus. But here one can also see punishment for those who evade contributions in the interests of securing princely income.
7. And behold, Virnia's horses were under Yaroslav: 7 buckets of malt were taken for a week for the virnik, and a lamb, it's a pleasure to weed, it's a pleasure to 2 legs; and in the middle of the kuna the same raw material, and on Friday the same; and smoke two to him a day; and 7 loaves for a week; and millet 7 cleaning, and peas 7 cleaning, and salt 7 head; then the virnik with the youth; and the horses are 4, the horse is essentially oats; virnik 8 hryvnia, and 10 kun cross-country, and broomstick 12 vekshii, and sasadnaya hryvnia. Already there will be a vir in 80 hryvnias; then the virnik is 16 hryvnias and 10 kun and 12 vekshas, and in front of it is a hryvnia, and 3 hryvnias behind the head.
Translation. 7. This is the charter of Prince Yaroslav’s virnik: a virnik (being on the territory of the community) has the right to take 7 buckets of malt for a week, a ram or a beef carcass, or (instead of them) 2 nogaty of money, and on Wednesdays and Fridays, a kuna of money and cheese; he should take two chickens a day, 7 loaves for a week, and 7 harvests of millet and peas, and 7 salts of salt - all this to him along with the lad; give him 4 horses, and feed them with oats (satisfaction); (with a vira of 40 hryvnias) the virnik takes 8 hryvnias and 10 kunas of the pass (duties), and the sweeper 12 vekshas, when leaving the hryvnia, and if the vira of 80 hryvnias is charged, then the virnik receives 16 hryvnias 10 kunas and 12 vekshas, and when leaving the hryvnia, for each killed 3 hryvnia.
Pokon virny - rules, charter for the collector of vir and other requisitions in favor of the prince. Malt is a germinated grain, dried and ground, for making beer or kvass. Licorice - sweet, tasty, In this text - a ready-made drink in buckets. Aries is a ram.
Weed - carcass of meat, beef or pork. Harvesting, golvazhen - measures of loose bodies; their volume is not known.
Metelnik ("myatelnik" - from clothes in the form of a mantle - "myatlya") - a princely combatant who accompanied the virnik.
Veksha - squirrel, squirrel fur; small monetary unit.
Cross-border, pass - money paid to the virnik at the entrance and exit from the territory of the community. Otrok is a princely combatant.
Kuna is a monetary unit and the basis of the monetary system of ancient Russia. The name comes from the word "marten", the skins of which at one time served as a monetary unit in Russia.
Nogata - monetary unit, 1/20 hryvnia.
Together with court fees, the princely power takes over the ancient judicial rights of free community members and introduces the princely court. Virnik and the lad (or lads) accompanying him create judgment and reprisals in the community and collect vira and sales (in cases not related to murder) in favor of the prince, receiving part of the money for their own benefit. In addition, the community is obliged by law to support the virnik and the lad, feed them and their horses. Such raids become regular and testify to the strengthening of princely power and court.
About the prince's husband
9. Even in the princes of the children, or in the horse, or in the cook, then 40 hryvnias.
Translation. 9. For the murder of a princely youth, groom or cook, pay 40 hryvnia.
10. And for the tivun for the fire, and for the stable, then 80 hryvnia.
Translation. ten. For killing a fiery or equestrian tiun, pay 80 hryvnia.
Tiun - princely or boyar clerk, manager; an opiate tiun and housekeeper (from ogaische - a hearth, a house): a stable tiun - a princely husband who managed the herds and stables of the prince.
11. And in a rural princely tivun or in ratainem, then 12 hryvnias. And for Ryadovich 5 hryvnia. It's the same for the boyar.
Translation. eleven. And for a rural or arable tiun, pay 12 hryvnia. And for Ryadovich 5 hryvnia. Also for the boyars.
The rural (or embassy) tyun was in charge of the princely (and boyar) villages and all the agricultural land of the feudal lord; ratai tiun (from the word ratai - plowman) - a person who was in charge of arable work.
Ryadovich (from row - contract) - a person who surrendered to bondage under an agreement with a feudal lord.
12. And for the remestvenik and for the remestvenitsa, then 12 hryvnias.
Craftsmen work on the estate of the feudal lord as dependent people: their life is valued higher than the price of a ryadovich or "stink serf" (see Art. 13), who do not possess the art of a particular craft, but lower than the life of a free community member ("man") .
13. And for stink serfs 5 hryvnias, and for a robe 6 hryvnias.
Translation. 13. And for a stinky serf you pay 5 hryvnias, and for a robe 6 hryvnias. The robe is worth more because it gives the feudal lord "offspring". The same "lesson" for a serf was 5 1 riven, and for a robe b hryvnia was prescribed by Art. 106.
A serf serf - unlike artisans or persons who served the feudal lord as tiuns or breadwinners (see Art. 14), performing simple work, like smerd community members.
Roba is a female servant who was in the same position as a male serf.
14. And for the feeder 12, the same for the feed (li) qiu, although you should be a slave, although you should be a robe. (...)
Translation. fourteen. And for the breadwinner and the breadwinner to pay 12 hryvnia, although that serf and that robe.
The breadwinner is an uncle-educator.
Here and in all other cases where the meaning is clear, no translation is given.
17. If the one who seeks a rumor does not fit in, but the plaintiff begins to rivet his head, then they have the iron of truth. It is the same in all burdens, in tatba and in slander; if there is no face, then give him iron from captivity to half a hryvnia of gold; even if it’s for me on the water, or it’s up to two hryvnias; even if I’m not, then let him go in his own way. (...)
Translation. 17. If the defendant is accused of murder, and the witnesses are not found by the litigants, then put them to the test with a (red-hot) iron. To do so in all lawsuits, in theft (or in another) accusation; if (the accuser) does not show red-handed, and the amount of the claim is up to half a hryvnia in gold, then subject him to the test of iron in captivity; if the amount of the claim is less, up to two hryvnias (silver), then subject it to a water test; if the claim is still less, then let him take an oath to receive his money. The Slavs (Rusyns) also knew such a form of "God's judgment" as a contest with swords: whoever wins over his opponent, the dispute is decided in favor of him.
Plaintiff - in ancient laws, both the plaintiff (accuser) and the defendant were called so; In this article, the plaintiff is just the defendant. Riveted head - accused of murder; slander - an accusation on suspicion.
Iron, water - the so-called "ordeals", "God's judgments", which were resorted to in the absence of clear evidence in favor of both litigants, and, according to the ideas of the people of that time, God had to judge them.
Tatba is theft, tat is a thief. The face is red-handed.
"God's courts" were a form of princely court: in the Kievan state they were carried out in the presence of princely judges, who levied a special court fee in favor of the prince - "iron", in the XV-XVI centuries. - the boyar and the clerk, who collected "field duties" from the litigants.
Set Volodimer Vsevolodich
48. Volodymyr Vsevolodich, according to Svyatopolets, convened his squad to Berestovem: Ratibor of the Kiev thousand, Prokopya of the Belogorodsky thousand, Stanislav Pereyaslavl of the thousand, Nazhir, Miroslav, Ivank Chyudinovich Olgov husband, and set him up to the third cut, or to eat a third of the kuna; even if someone takes two cuts, then he is tired; if he takes three cuts, then the sta is not taken for him.
Translation. 48.(Prince) Vladimir Vsevolodovich (Monomakh), after the death of (Prince) Svyatopolk, convened his squad in Berestovo: Ratibor of the Kyiv Thousand, Prokop of the Belgorod Thousand, Stanislav Pereyaslavsky of the Thousand, Nazhir, Miroslav, Ivan Chudinovich Boyar (husband) Oleg (Prince of Chernigov Oleg Svyatoslavich ), and decided - to take interest only up to the third payment, if the lender takes the money "in a third"; if someone takes two (third) cuts from the debtor, then he can also collect the principal amount of the debt; and whoever takes three cuts, he should not demand the return of the principal amount of the debt.
Berestovo is a princely village near Kyiv (known since the 10th century), the summer residence and burial vault of the Kievan princes. Tysyachsky (thousand) - princely governor, leader of the city militia ("thousands"), who was in charge of city government in peacetime. Isto - the principal amount of the debt to the usurer.
Thus, if the usurer lent 10 hryvnias, then one "third cut" is equal to 5 hryvnias. Having taken from the debtor "two cuts" - 10 hryvnias, the creditor had the right to recover the principal amount of the debt - 10 hryvnias. Having recovered from the debtor "three cuts" (5 + 5 + 5), the usurer lost the right to collect the principal amount of the debt.
49. Even if someone eats 10 kun from the summer for a hryvnia, then don’t sweep it away. (...)
Translation. 49. If (the usurer) collects (from the debtor) 10 kunas per year from the hryvnia, then this is not prohibited. Counting in hryvnia 50 kunas = 20% per annum.
Summer is a year.
Such interest was allowed to be taken (unlike "tertiary interest") without a time limit. The decrees of Vladimir Monomakh and his boyars on cuts include Art. 47-49, which repealed the rule of Art. 46, which gave the debtor to the full will of the usurer (as agreed, so pay). However, Monomakh's laws only regulated the amount and procedure for collecting proceites, based on the usual practice of collecting very high interest.
Already buy runs
52. Even buy to run away from the Lord, then obel; whether to look for a kun, but it is revealed to walk, or to run to the prince or to the judges to judge your master, then do not shy him about it, but give him the truth. (...)
Translation. 52. If the purchase runs away from the master (without paying him off for the loan), then he becomes a complete slave; if he goes to look for money with the permission of the master or runs to the prince and his judges complaining of an insult on the part of his master, then for this he cannot be made a serf, but he should be given a trial.
Zakup is a smerd that is in feudal dependence on the master for a loan. Obel is a complete jerk. Rob - turn into a slave. Date the truth - to give judgment.
According to the church law "Justice of the Metropolitan", a "purchase hireling" who did not want to stay with the master and turned to the court could gain freedom by returning the "double deposit" to the feudal lord, which was tantamount in practice to the complete impossibility of breaking with the master, since he determined and I will purchase the size of my "deposit" (see: Old Russian princely charters of the XI-XV centuries. M. 1976. P. 210).
About purchase
57. Even buy to bring out something, then the master is in it; but if you get in somewhere, then the master of his horse, or whatever else he took, should pay him, he’s a slave; and if the master does not want to get dirty, pay for it, but sell it and give it in front, or for a horse, or for a will, or for a comrade, that he will take someone else's, but he himself will take it for himself. (...)
Translation. 57. If the purchase steals something, the master can do with him according to his will: either, after the purchase is caught, he will pay (to the victim) for the horse with them other (property) stolen by the purchase, and turns him into his serf; or, if the master does not want to pay for the purchase, then let him sell it, and first giving it to the victim for the stolen horse or ox or for the goods, he takes the rest.
Withdraw - steal.
The master in it - can deal with the purchase-thief of his own free will.
In any case, the purchase became a serf, just as when escaping from the master (Article 52).
About obedience
59. But obedience is not laid down for a serf, but if there is no free one, then, if necessary, lay down a tivun for a boyar, but do not add up for others. And if it’s a little heavier, you need to put it on the purchase. (...)
Translation. 59. About the evidence (in court). A serf cannot be a witness in court, but if there is no free (witness), then in extreme cases you can rely on the testimony of the boyar tyun, but not others (serfs). And in small lawsuits out of need (in the absence of free witnesses), a witness can be a purchase.
Heavy - litigation. By nuhi - by need.
We are talking about rural or warrior tiuns of boyars and princes who came to them in the cold "without a row" (Article 104), whose life was estimated at 12 hryvnias (Article II). The testimony of tiuns was taken into account only in the absence of free witnesses, because they occupied a higher position in the household of the boyars than ordinary serfs.
65. Even to cross the side boundary, or to ruin the role-playing one, or to block the boundary of the courtyard, then 12 hryvnias of sale. (...)
Translation. 65. If someone spoils the side, or rewrites the arable, or blocks the yard boundary with a fence, he must pay 12 hryvnias of sale (to the prince).
Mezha - the border of possessions, a strip between plots of arable land. Tyn - a fence, a hedge.
69. Even to pull out the bees, then 3 hryvnias for sale, and for honey, even if the bees are not well-organized, then 10 kun; if there will be an olek, then 5 kun. (...)
Translation. 69. If someone pulls (steals) bees (from the hive), he must pay 3 hryvnias of sale (to the prince), and for honey (to the owner of the hive), if (during the theft) all the combs were intact, - 10 kunas, and if only the olek is taken, then 5 kunas
Not well-organized - the hive with honeycombs and bees is intact. Olek is the very head of the hive, or the beginning of the honeycombs.
Sidewalks in the forests or apiaries with beehives belonged to princes and other feudal lords among the most valuable lands. Wax and honey were among the most expensive goods exported from Russia.
About smerd
71. Even a stink to torment a stink without a prince of the word, then 3 hryvnias of sale, and for flour hryvnia kun.
Translation. 71. If a smerd tortures a smerd without a princely court, he will pay 3 hryvnias of sale (to the prince) and a hryvnia of money to the victim for the flour.
Torment - torture, torture, beating.
72. Even to torment the fireman, then 12 hryvnias for sale, and hryvnia for flour. (...)
Translation. 72. For the torture of the fireman, they pay 12 hryvnias for sale and a hryvnia (to the victim) for flour.
An equal payment "for flour" to a smerd and a fireman (prince's servant) was appointed because it means a servant-serf, for the murder of which 12 hryvnias were charged (Article II), while for the murder of a fiery tyun or a horseman they charged double vira - 80 1riven (v. 10).
About the threshing floor
79. Ax to light the threshing floor, then to the stream, to plunder his house, before the destruction of the one who paid, but to the prince to sharpen and; the same, even if someone sets fire to the yard.
Translation. 79. If they burn the threshing floor, then give the house of the guilty person to the stream and to robbery, recovering first the losses, and for the rest (unrecovered) the prince imprisoned him; do the same with those who set fire to the yard.
Destruction - death, loss.
80. And whoever slaughters a horse or cattle with dirty tricks, sells 12 hryvnias, and pays a lesson to the master for the destruction. (...)
Translation. 80. And whoever deliberately slaughters a horse or (other) cattle will pay 12 hryvnias of sale and compensate the loss to the master (owner) of the victim.
Pakoschami - here: with intent, intentionally.
The intentionality and nature of the actions (arson of the tumn, the yard, the destruction of livestock) reveal their social background - a protest against the growing feudal oppression.
Already die mord
85. Even if it stinks to die, then back to the prince; if there are daughters in his house, then give a part for him; if they are after a husband, do not give them a share.
Translation. 85. If the smerd dies (without leaving sons), then the ass will be given to the prince; if unmarried daughters remain after him, then allocate (part of the property) to them; if the daughters are married, then they should not be given part of the inheritance.
Ass - inheritance, property left after the death of a person.
About the ass of the boyars and about the friends
86. Even in the boyars it’s nice to be in the squad, then you can’t screw your ass for the prince, but you won’t have sons, but you’ll revolt your daughters. (...)
Translation. 86. If a boyar or combatant dies, then their property will not be given to the prince, but if they do not have sons, then their daughters will receive the inheritance.
The property rights of the smerd (and even, to a certain extent, the purchase) were protected by law in the interests of the entire class of feudal lords and the prince as the bearer of public power.
About servility
102. Serfdom whitewashed three: even if someone buys up to half a hryvnia, and put rumors, and give a foot to the serf himself.
Translation. 102. Serfdom is a free threefold kind: if someone buys (entering the serfs) up to half a hryvnia in the presence of witnesses (transactions) and pays the nogat (princely judge) in front of the serf himself.
103. And the second servility: to have a robe without a row, to have it next to you, then what kind of row you will be, on the same cost.
Translation. 103. And the second servility: who marries a slave without a contract (with her owner), and if with a contract (nearby), then as agreed, so be it.
104. And this is the third servility: tivunism without a row or tie a key to a s (ebe without a row, with a row, then what will the rower be, on the same cost. If he ties the key, he will become a servant (keykeeper).
Translation. 104. And here is the third servility: whoever enters the tiuns or the keykeepers (master) without an agreement with him, but if with an agreement, stand on it.
105. And in the dacha, do not be a slave, neither work on bread, nor on an appendage, but if you do not reach a year, then turn favors to him; whether to depart, then there is no blame.
Translation. 105. And for a loan of bread with any appendage, a person does not become a slave, but if he does not work off the debt (within the agreed period), he is obliged to return what he received; if it works, then you don't owe anything else.
Dacha - here: a loan of bread, seeds, implements or livestock, together with an appendage, constituted mercy.
Here we are talking about working for a feudal lender for a specified period, which, as it were, replaced interest on a monetary debt.
Articles 102-104 about serfs, in contrast to Art. 52 and 57, which speaks of the forced sale of a fugitive purchase or purchase-thief into serfs, list the legal grounds and procedure for the “voluntary” entry into serfs of ruined smerds or townspeople, pushed to this step by an extremely alien, threat of starvation of a person and his family. Russkaya Pravda set a price "for a serf 5 hryvnia, and for a robe 6 hryvnia" (Art. 13, 106). The price of a prisoner-slave, considered in Russia, as in other countries at that time, to be booty, was not regulated by law, but was established by agreement between the seller and the buyer. Slaves-captives were not only sold, but also presented. In 955, Prince Igor, having "established peace with the Greeks", released the Byzantine ambassadors and presented them with "an ambulance and servants and wax". The person guilty of killing someone else's serf did not bear criminal liability, but only reimbursed the master for his cost (5 hryvnia for an ordinary, 12 hryvnia for a craftsman, etc.). The killing by the master of his own serf was not considered a crime. At the same time, the ways in which a person fell into slavery, especially cases of self-sale of a ruined person, methods of exploitation distinguish serfs from the patriarchal slaves - "servants" - of the former time, the mass of which was made up of prisoners of war ("getting drunk with servants"). and reflect a higher level of property and social inequality. Now the serf is not a stranger, but "his own", a Slavic community member, a city dweller or a villager, forced by material circumstances to go into bondage to a rich feudal lord or merchant in order to save himself and his family from death.
Russian Civilization
The first Code of Russian Laws, written by Prince Yaroslav the Wise, is known only to a narrow circle of specialist historians, and, in practice, is little known to readers. In this regard, we bring to the attention of readers (in an abridged version) Yaroslav's Russkaya Pravda, created by the Grand Duke in 1016 and existed in Russia (with the addition of Pravda by his sons and grandson Vladimir Monomakh) almost until the 16th century.
I. “Whoever kills a person, the relatives of the murdered person avenge death by death; and when there are no avengers, then collect money from the murderer to the treasury: for the head of a princely boyar, tiun ognischan, or eminent citizens, and a stable tiun - 80 hryvnias or double vira (fine); for a princely youth or a Gridnya, a cook, a groom, a merchant, a tiun and a boyar swordsman, for any person, that is, a free person, a Russian (Varangian tribe) or a Slav - 40 hryvnias or vira, and for the murder of a wife half a vira. There is no guilt for a slave; but whoever killed him innocently must pay the master the so-called lesson, or the price of the murdered: for a tyun or pestun, and for a nurse 12 hryvnias, for a simple boyar and human serf 5 hryvnias, for a slave 6 hryvnias, and in addition to the treasury 12 hryvnias of sale ", tributes or penalties.
II. “If someone kills a person in a quarrel or in drunkenness and hides, then the rope, or the district where the murder was committed, pays a fine for him” - which was called wild vira in this case - “but at different times, and in several years, to facilitate residents. The rope is not responsible for the found dead body of an unknown person. “When the murderer does not hide, then from the district or from the volost to collect half of the vira, and the other from the murderer himself.” The law was very prudent in those times: easing the fate of the criminal, heated by wine or a quarrel, he encouraged everyone to be a peacemaker, so that in the event of a murder, he would not pay along with the guilty. - "If the murder is done without any quarrel, then the volost does not pay for the murderer, does not give him to the stream" - or into the hands of the sovereign - "with his wife, children and estate." The Charter is cruel and unjust in our way of thinking; but the wife and children were then responsible for the guilt of the husband and parent, for they were considered his property.
III. Yaroslav's laws determined a special penalty for any act of violence: “for a blow with a sword not naked, or with its handle, cane, cup, glass, pastern 12 hryvnias; for hitting with a club and a pole 3 hryvnias; for every push and for a light wound 3 hryvnias, and for a wounded hryvnia for treatment. Consequently, it was much more inexcusable to strike with a bare hand, a light cup, or a glass, than with a heavy club or the sharpest sword. Can we guess the thought of the legislator? When a person in a quarrel drew his sword, took a club or a pole, then his opponent, seeing the danger, had time to prepare for defense or retire. But a hand or a domestic vessel could be struck suddenly; also with a sword not drawn and with a cane: for a warrior usually carried a sword and every person usually walked with a cane: neither of these made one beware. Further: “For damage to a leg, arm, eye, nose, the guilty person pays 20 hryvnias to the treasury, and 10 hryvnias to the most maimed; for a pulled out tuft of beard 12 hryvnias to the treasury; for a knocked-out tooth the same, but for the most broken hryvnia; for a severed finger 3 hryvnia to the treasury, and a wounded hryvnia. Whoever threatens with a sword, take a penny from him; whoever took it out for defense, he is not subject to any punishment, if he wounds his opponent. Whoever arbitrarily, without a princely command, punishes a fireman (eminent citizen) “or a smerd” (a farmer and a simple person), “pays 12 hryvnias to the prince for the first, 3 hryvnias for the second, and hryvnias to the broken hryvnia in both cases. If a serf hits a free man and hides, but the master does not betray him, then collect 12 hryvnias from the master. The plaintiff, however, has the right to kill the slave, his offender, everywhere.
IV. “When the court of the prince” - where cases were usually judged - “the plaintiff comes bloodied or in blue spots, then he does not need to present any other evidence; and if there are no signs, then he presents eyewitnesses of the fight, and the culprit pays 60 kunas (see below). “If the plaintiff is covered in blood, and the witnesses show that he himself started the fight, then he will not be satisfied.”
V. “Everyone has the right to kill a night thief (robber) on theft, and whoever keeps him bound until light is obliged to go with him to the princely court. The murder of a thief taken and bound is a crime, and the perpetrator pays 12 hryvnias to the treasury. The horse thief is given the head of the prince and loses all civil rights, liberty and property. The horse was so respected, a faithful servant of man in war, in agriculture and travel! - Further: “From the thief of the cage” - that is, the house or maid - “3 hryvnias are collected to the treasury, from the thief of grain, who takes away bread from the pit or from the threshing floor, 3 hryvnias and 30 kunas, the owner takes his life, and another half a hryvnia from a thief. “Whoever steals cattle in a barn or in a house pays 3 hryvnias and 30 kunas to the treasury, and whoever is in the field, that 60 kunas” (the first was considered the most important crime: for the thief then disturbed the owner’s calmness): “moreover, for any cattle that not returned by the person, the owner takes a certain price: for a princely horse 3 hryvnias, for a simple 2, for a mare 60 hryvnias, for a stallion who has not ridden hryvnias, for a foal 6 hryvnias, for an ox hryvnias, for a cow 40 kunas, for a three-year-old bull 30 kunas, for half a hryvnia for a year old, 5 kunas for a calf, a sheep and a pig, for a ram and a nogata pig.
VI. “For a beaver stolen from a hole, 12 hryvnia fines are determined.” Here we are talking about breeding beavers, with which the owner was deprived of all possible offspring. - "If in whose possession the earth is dug up, there are nets or other signs of thieves' catching, then the rope must find the culprit or pay a fine."
VII. "Whoever deliberately slaughters someone else's horse or other cattle pays 12 hryvnia to the treasury, and the owner of the hryvnia." Malice dishonored the citizens less than theft: all the more were the laws to curb it.
VIII. “Whoever sews side signs or plows a field boundary, or blocks a courtyard, or cuts down a side edge, or a faceted oak, or a boundary pillar, from that take 12 hryvnias to the treasury.” Consequently, every rural possession had its limits, approved by the civil government, and their signs were sacred to the people.
IX. “Over the side of the cut off, the guilty one gives 3 hryvnias of fine to the treasury, half a hryvnia for a tree, 3 hryvnias for tearing out bees, and 10 kunas for the honey of an unsettled hive, 5 kunas for a well-fed hive.” The reader knows that there is a side land: the hollows then served as beehives, and the forests were the only bees. - “If the thief hides, he should look for him on the trail, but with strangers and witnesses. Whoever does not remove the trace from his home is guilty; but if the trail ends at the hotel or in an empty, undeveloped place, then there is no penalty.
X. “Whoever cuts down a pole under a bird-catcher's net or cuts off its ropes pays 3 hryvnias to the treasury, and a bird-catcher's hryvnia; for a stolen falcon or hawk 3 hryvnias to the treasury, and a bird hryvnia; for a pigeon 9 kunas, for a partridge 9 kunas, for a duck 30 kunas; for the goose, crane and swan the same. With this excessive penalty, the legislator wanted to provide for the then numerous birders in their trade.
XI. “For the theft of hay and firewood, 9 kunas to the treasury, and for the owner for each cart, two legs.”
XII. “A thief pays 60 kunas to the treasury for a boat, and the owner pays 3 hryvnias for a sea boat, 2 hryvnias for a padded boat, a hryvnia for a plow, 8 kunas for a boat, if he cannot return the stolen one in person.” The name rammed comes from boards stuffed over the edges of a small vessel to raise its sides.
XIII. “The igniter of the threshing floor and the house is issued by the head of the prince with all the estate, from which it is necessary to first compensate for the loss incurred by the owner of the threshing floor or the house.”
XIV. “If princely serfs, boyars or ordinary citizens are convicted of theft, then do not take a fine from them to the treasury (recovered only from free people); but they must pay the plaintiff twice: for example, taking back his stolen horse, the plaintiff demands 2 more hryvnias for it - of course, from the master, who is obliged to either redeem his serf or give him his head, along with other participants in this theft, except for their wives and children. If the serf, having robbed someone, leaves, then the master pays for every thing he has carried away at the ordinary price. - The master is not responsible for the theft of a hired servant; but if he pays a fine for him, then he takes the servant as a slave or can sell.
XV. “Having lost clothes, weapons, the owner must declare at the auction; identifying a thing from a city dweller, he goes with him to the vault, that is, he asks where he got it? and thus passing from person to person, he looks for a real thief who pays 3 hryvnias for guilt; and the thing remains in the hands of the owner. But if the link goes to the residents of the county, then the plaintiff will take money for the stolen money from the third defendant, who goes red-handed further, and finally, the found thief pays for everything according to the law. - Whoever says that he bought the stolen goods from an unknown person or a resident of another region, he needs to present two witnesses, free citizens, or a collector (toll collector), so that they confirm the truth of his words with an oath. In this case, the owner takes his face, and the merchant loses the thing, but can find the seller.
XVI. “If a serf is stolen, then the master, having identified him, also goes with him to the arch from person to person, and the third defendant gives him his serf, pledged instead of reduced.”
XVII. “The master announces about the runaway serf at the auction, and if after three days he recognizes him in someone’s house, then the owner of this house, having returned the sheltered fugitive, pays another 3 hryvnias to the treasury. - Whoever gives bread to the fugitive or shows the way, he pays the master 5 hryvnias, and 6 hryvnias for the slave, or swears that he did not hear about their flight. Whoever introduces the departed serf, the master gives him a hryvnia; and whoever misses the detained fugitive pays the master 4 hryvnias, and 5 hryvnias for the slave: in the first case, the fifth, and in the second, the sixth is given to him because he caught the fugitives. “Whoever finds his own slave in the city, he takes the posadnikov’s youth and gives him 10 kunas for tying the fugitive.”
XVIII. “Whoever takes someone else’s serf into bondage loses the money given to the serf or must swear that he considered him free: in this case, the master redeems the slave and takes all the property acquired by this slave.”
XIX. “Whoever, without asking the owner, sits on someone else's horse, he pays 3 hryvnia as a punishment” - that is, the entire price of the horse.
XX. “If a mercenary loses his own horse, then he has nothing to answer for; and if he loses the plow and the master's harrow, he is obliged to pay or prove that these things were stolen in his absence and that he was sent from the court for the master's business. So, the owners cultivated their lands not only by slaves, but also by hired people. - “A free servant is not responsible for the cattle taken away from the barn; but when he loses it in the field or does not drive it into the yard, he pays. - If the master offends the servant and does not give him a full salary, then the offender, having pleased the plaintiff, pays 60 kunas of fine; if he forcibly takes money from him, then, having returned it, he pays another 3 hryvnias to the treasury.
XXI. “If someone demands his money from the debtor, and the debtor bans himself, then the plaintiff presents witnesses. When they swear that his claim is fair, the lender takes his money and another 3 hryvnias in satisfaction. - If the loan is not more than three hryvnias, then the lender alone swears; but a large claim requires witnesses or is destroyed without them.
XXII. “If the merchant entrusted the money to the merchant for trade and the debtor begins to lock himself up, then do not ask witnesses, but the defendant himself swears.” The legislator, it seems, wanted to express in this case a special power of attorney to merchants, whose deeds are sometimes based on honor and faith.
XXIII. “If someone owes a lot, and a foreign merchant, not knowing anything, trusts him with goods: in this case, sell the debtor with all his property, and please the foreigner or the treasury with the first proceeds; the rest is to be divided among other lenders: but who among them has already taken a lot of growths (interest), he loses his money.
XXIV. “If other people's goods or money from the merchant sink, or burn, or are taken away by the enemy, then the merchant does not answer, neither with his head, nor with liberty, and can lay out the payment in time: for the power of God and misfortunes are not the fault of man. But if a merchant in drunkenness loses the goods entrusted to him, or squanders it, or spoils it from negligence, then the lenders will do with him as they please: they will delay payment, or they will sell the debtor into captivity.
XXV. “If a serf by deceit, under the name of a free man, asks someone for money, then his master must either pay or refuse the slave; but whoever believes a well-known serf loses money. “The master, having allowed the slave to trade, is obliged to pay debts for him.”
XXVI. “If a citizen gives his possessions to the preservation of another, then there is no need for witnesses. Who will lock himself in accepting things, must confirm with an oath that he did not take them. Then he is right: for the estate is entrusted only to such people, whose honor is known; and whoever takes it for preservation renders a service.”
XXVII. “Whoever gives money on interest or honey and live on loan, in the event of a dispute, present witnesses and take everything according to the agreement made. Monthly growths are taken only for a short time; and who remains in debt for a whole year, pays a third, and not monthly. We do not know what these and others consisted of, based on the general custom of that time; but it is clear that the latter were much more painful, and that the legislator wanted to ease the fate of the debtors.
XXVIII. “Every criminal denunciation requires the testimony and oath of seven people; but the Varangian and the stranger undertake to present only two. When the case is solely about beatings of the lungs, then generally two witnesses are needed; but a stranger can never be blamed without seven.
XXIX. “Witnesses must always be free citizens; only out of need and in a small claim is it allowed to refer to a boyar tiun or an enslaved servant. (Consequently, the boyar tiuns were not free people, although their life, as indicated in the first article, was valued equally with the life of free citizens). - “But the plaintiff can use the testimony of a slave and demand that the defendant be justified by the test of iron. If the latter is found guilty, he pays the claim; if he is justified, then the plaintiff gives him a hryvnia for flour and 40 kunas to the treasury, 5 kunas to the swordsman, half a hryvnia to the prince's youth (which is called an iron duty). When the defendant called for this trial on the basis of obscure evidence of free people, then, having justified himself, he does not take anything from the plaintiff, who only pays a fee to the treasury. - Having no witnesses, the plaintiff himself proves his rightness with iron: how to solve all sorts of lawsuits in murder, theft and slander, if the claim costs half a hryvnia of gold; and if less, then test with water; in two hryvnias and less, one plaintiff's oath is sufficient.
XXIX. “If the purchase runs away from his master (without paying him off), then he becomes his serf; if he goes to work openly (with the permission of his master) or goes to the prince and judges with a complaint against the master, then for this do not turn him into a serf, but give him a trial.
XXX. “If a farm purchase from a master destroys his horse, then he does not pay the master for this; but if the master gave the purchaser a plow and a harrow, for which he exacts a kuna from him, then the purchase must pay the master for their damage or loss; if the master sends a purchase for his work and the master's property disappears in his absence, without the fault of the purchase, then he is not responsible for this.
XXXI. “If the master's cattle are stolen from a closed barn, then the purchase is not responsible for this; but if the theft occurs in the field, or the purchase does not drive the cattle and does not prohibit, where the master orders him, or destroy the master's cattle, cultivating his allotment, then in these cases he is obliged to pay the master.
XXXII. “If the master offends the purchase (reduces his allotment or takes away his livestock), then he is obliged to return everything to him and pay him 60 kunas for the offense. If the master exacts money from the purchase (more than was agreed), then he is obliged to return the excess money taken, and pay 3 hryvnia fines for the offense. If the master sells the purchase into slaves, then the purchase is released from the debt, and the master must pay him 12 hryvnias for the offense. If the master beats the purchase for the cause, then he is not responsible for it, but if he beats him without understanding, drunk, without guilt (on the part of the purchase), then he must pay the same as a free person.
XXXIII. “If the purchase steals something (from a stranger) and hides, then the master is not responsible for it; but if he (the thief) is caught, then the master, having compensated for the cost of the horse or something else stolen (by the purchase), turns him into his serf; if the master does not want to pay for the purchase (not wanting to keep him), then he can sell him into slaves.
XXXIV. “And you can’t refer to the witness of a serf in court, but if there is no free witness, then, in extreme cases, you can refer to the boyar tiun, and not to refer to others. And in a small lawsuit (on a small lawsuit), you can, in extreme cases, refer to the purchase.
XXXV. “If the serf runs away and the master announces this, and someone has heard about it and knows that (the person he met) is a runaway serf (but, despite this, gives him bread or shows him the way, then he is obliged to pay the owner for runaway serf 5 hryvnia, and for a slave 6 hryvnia.
XXXVI. “When a commoner dies without children, then take all his estate to the treasury; if there are unmarried daughters left, then they will be given a certain part of it. But the prince cannot inherit after the boyars and husbands who make up the military squad: if they do not have sons, then daughters will inherit. But when there were no last ones? Did relatives take the estate or the prince?.. Here we see a legitimate, important advantage of military officials.
XXXVII. “The will of the deceased is carried out exactly. Bude, he did not express his will, in which case he would give everything to the children, and part to the church for the salvation of his soul. The father's yard always belongs without division to the younger son ”- as the youngest and least able to earn income.
XXXVIII. “The widow takes what her husband has appointed her: in other respects she is not an heiress. - The children of the first wife inherit her property, or vein, appointed by the father for their mother. The sister has nothing but a voluntary dowry from her brothers.”
XXXIX. “If the wife, having given her word to remain a widow, lives on the estate and gets married, then she is obliged to return to her children everything she has lived. But children cannot drive the widowed mother out of the yard or take away what was given to her by her husband. She has the power to choose one heir from among her children, or to give everyone an equal share. If the mother dies without a tongue, or without a will, then the son or daughter with whom she lived will inherit all her property.
XXXX. “If there are children of different fathers, but one mother, then each son takes his father's. If the second husband plundered the estate of the first and died himself, then his children return it to the children of the first, according to the testimony of witnesses.
XXXXI. “If the brothers begin to compete about the inheritance before the prince, then the prince’s youth, sent to divide them, receives a hryvnia for his work.”
XXXXII. “If there are minor children left, and the mother gets married, then give them in the presence of witnesses into the hands of a close relative, with an estate and a house; and what this guardian adds to it, he will take for himself for labor and care for minors; but the offspring of slaves and cattle remains for the children. “The guardian, who may be the stepfather himself, pays for everything lost.”
XXXXIII. "Children born with labor do not participate in the inheritance, but receive freedom, and with their mother."
Russkaya Pravda contains the complete system of our ancient legislation, consistent with the mores of that time. The oldest monument of Russian law was created around 1016. Evidence of this is the “Novgorod Chronicle”, in which we read that in 1016 Yaroslav the Wise, sending home the Novgorodians who helped him in the fight against Svyatopolk, gave them “the truth and the charter”, saying to them: “... follow this charter.”
Yaroslav's Russkaya Pravda (after his death) was first supplemented by his sons, and then, in the 12th century, by his grandson Vladimir Monomakh, and existed in some of its articles almost until the Sudebnik of 1497.
INTRODUCTION
The largest monument of ancient Russian law and the main legal document of the Old Russian state was a collection of legal norms, called Russkaya Pravda, which retained its significance in later periods of history. Its norms underlie the Pskov and
Novgorod judicial charters and subsequent legislative acts of not only Russian, but also Lithuanian law. More than a hundred lists of Russian Truth have survived to this day. Unfortunately, the original text of Russian Truth has not come down to us. The first text was discovered and prepared for publication by the famous Russian historian V.N. Tatishchev in
1738. The name of the monument is different from European traditions, where similar collections of law received purely legal headings - law, lawyer. In Russia at that time the concepts
“charter”, “law”, “custom”, but the document is designated by the legal and moral term “Pravda”. It is a whole complex of legal documents of the 11th - 12th centuries, the components of which were the Ancient Pravda (about 1015), Pravda
Yaroslavichi (about 1072), the Charter of Monomakh (about 1120-1130)
.Russkaya Pravda, depending on the edition, is divided into Brief,
Spacious and Abbreviated.
Brief Pravda is the oldest edition of the Russian Truth, which consisted of two parts. Its first part was adopted in the 30s. 11th century . The place of publication of this part of Russian Pravda is debatable, the chronicle points to Novgorod, but many authors admit that it was created in the center of the Russian land - Kyiv and associate it with the name of Prince Yaroslav the Wise (Pravda Yaroslav). It included 18 articles (1-18) and is entirely devoted to criminal law. Most likely, it arose during the struggle for the throne between Yaroslav and his brother Svyatopolk (1015 - 1019)
. The hired Varangian squad of Yaroslav came into conflict with the Novgorodians, accompanied by murders and beatings. In an effort to resolve the situation, Yaroslav appeased the Novgorodians “by giving them Pravda and copying off the charter, taco told them: go according to her letter.” Behind these words in the Novgorod 1 Chronicle is the text of the Most Ancient Truth.
The characteristic features of the first part of the Russian Truth are the following: the operation of the custom of blood feud, the lack of a clear differentiation in the amount of fines depending on the social affiliation of the victim. The second part was adopted in Kyiv at the congress of princes and major feudal lords after the suppression of the uprising of the lower classes in 1086 and was called Pravda
Yaroslavichi. It consisted of 25 articles (19-43), but in some sources articles 42-43 are separate parts and are named respectively: Pokonvirny and Lesson of bridgemen. Its title indicates that the collection was developed by three sons
Yaroslav the Wise with the participation of major figures from the feudal environment. There are clarifications in the texts, from which it can be concluded that the collection was approved no earlier than the year of Yaroslav's death (1054) and no later than 1077 (the year of the death of one of his sons)
The second part of Russian Truth reflects the process of development of feudal relations: the abolition of blood feuds, the protection of the life and property of feudal lords with increased penalties. Most of the articles
Brief Pravda contains the norms of criminal law and judicial process
.
The lengthy Truth was compiled after the suppression of the uprising in Kyiv in 1113. It consisted of two parts - the Court of Yaroslav and the Charter of Vladimir Monomakh. Lengthy edition of the Russian
Pravda contains 121 articles.
The Long Truth is a more developed code of feudal law, which fixed the privileges of feudal lords, the dependent position of serfs, purchases, and the lack of rights of serfs. The Long Truth testified to the process of further development of feudal landownership, paying much attention to the protection of property rights to land and other property. Separate norms of the Long Truth determined the procedure for the transfer of property by inheritance, the conclusion of contracts.
Most of the articles relate to criminal law and litigation.
Abbreviated Truth took shape in the middle of the 15th century. from recycled
Expansive Truth.
There is no doubt that, like any other legal act, Russian
The truth could not arise from scratch, without having a basis in the form of sources of law. It remains for me to list and analyze these sources, evaluate their contribution to the creation of the Russian
Truth. I would like to add that the study of the process of law has not only a purely cognitive, academic, but also a political and practical character. It allows a deeper understanding of the social nature of law, features and traits, makes it possible to analyze the causes and conditions for the emergence and development.
1.1. SOURCES OF OLD RUSSIAN LAW
The oldest source of any law, including Russian law, is a custom, that is, a rule that was enforced due to repeated application and became a habit of people. There were no antagonisms in the tribal society, therefore customs were observed voluntarily. There were no special bodies for the protection of customs from violation. Customs changed very slowly, which was quite consistent with the pace of change in society itself. Initially, law was formed as a set of new customs, the observance of which was required by the nascent state bodies, and above all the courts.
Later, legal norms (rules of conduct) were established by acts of the princes. When a custom is sanctioned by the government, it becomes customary law.
In the 9th - 10th centuries in Russia, it was precisely the system of norms of oral
, customary law. Some of these norms, unfortunately, were not recorded in collections of law and annals that have come down to us. one can only guess about them from separate fragments in literary monuments and treaties between Russia and Byzantium in the 10th century.
One of the most famous ancient Russian legal monuments of that time, in which these norms were reflected, as I already mentioned in the introduction, is the largest source of ancient Russian law - Russkaya Pravda. The sources of its codification were the norms of customary law and princely judicial practice. Among the norms of customary law fixed in the Russian Pravda are, first of all, the provisions on blood feud (Article 1 of the KP) and on mutual responsibility. (art.
20 KP). The legislator shows a different attitude towards these customs: he seeks to limit blood feud (narrowing the circle of avengers) or completely cancel it, replacing it with a fine - vira (there is a similarity with the "Salic Truth" of the Franks, where blood feud was also replaced by a fine); unlike blood feud, mutual responsibility is preserved as a measure that binds all members of the community with responsibility for their member who committed the crime (“Wild Vira” was imposed on the entire community)
In our literature on the history of Russian law, there is no consensus on the origin of Russian Pravda. Some consider it not an official document, not a genuine monument of legislation, but a private legal collection compiled by some ancient Russian jurist or a group of jurists for their own personal purposes .. Others consider
Russian Pravda is an official document, a genuine product of the Russian legislative power, only spoiled by scribes, as a result of which many different lists of Pravda appeared, which differ in the number, order, and even the text of the articles.
One of the sources of Russian Truth was the Russian Law
(norms of criminal, inheritance, family, procedural law). Until now, disputes about its essence do not stop. In history
Russian law has no consensus on this document. According to some historians, supporters of the Norman theory of origin
The Old Russian state, the Russian Law was Scandinavian law, and the famous Russian historian V.O. Klyuchevsky believed that the Russian Law was a "legal custom", and as a source of Russian Truth, it is not "the primitive legal custom of the Eastern Slavs, but the law of urban Russia, formed from quite diverse elements in 9-
11 centuries." According to other historians, the Russian Law was a customary law that was created in Russia over the centuries and reflected the relationship of social inequality and was the law of the early feudal society, which was at a lower stage of feudalization than the one at which the Ancient Truth arose. The Russian law was necessary for the conduct of princely policy in the annexed Slavic and non-Slavic lands. It represented a qualitatively new stage in the development of Russian oral law in the conditions of the existence of the state. It is known that it is also partially reflected in the treaties of Russia with the Greeks.
Treaties with the Greeks are a source of exceptional importance, which allowed the researcher to penetrate the secrets of Russia in the 9th - 10th centuries. These treaties are the clearest indicator of the high international position of the Old Russian state; they are the first documents in the history of Russia in the Middle Ages. Their very appearance speaks of the seriousness of relations between the two states, of a class society, and the details quite clearly acquaint us with the nature of Russia's direct relations with Byzantium. This is explained by. that in Russia there was already a powerful class interested in concluding agreements. They were needed not by the peasant masses, but by princes, boyars and merchants. We have four of them: 907, 911, 944, 972. They pay much attention to the regulation of trade relations, the definition of the rights used by Russian merchants in
Byzantium, as well as the norms of criminal law. From treaties with the Greeks, we have private property, which its owner has the right to dispose of and, among other things, transfer it by will.
Under the peace treaty of 907, the Byzantines pledged to pay
Russia a monetary indemnity, and then monthly also pay a tribute, provide for the Russian ambassadors and merchants who come to Byzantium, as well as for representatives of other states, a certain food allowance. Prince Oleg achieved the right of duty-free trade for Russian merchants in the Byzantine markets. The Russians even got the right to bathe in Constantinople baths, before that only free citizens of Byzantium could visit them. The agreement was sealed during Oleg's personal meeting with the Byzantine Emperor Leo VI. As a sign of the end of hostilities, the conclusion of peace,
Oleg hung his shield on the gates of the city. This was the custom of many peoples of Eastern Europe. This treaty presents us Russians no longer as wild Varangians, but as people who know the sanctity of honor and solemn conditions of the people, who have their own laws that affirm personal security, property, the right of inheritance, the force of wills, who have internal and external trade.
In 911, Oleg confirmed his peace treaty with Byzantium. In the course of lengthy embassy agreements, the first detailed written agreement in the history of Eastern Europe was concluded between Byzantium and
Russia. This agreement was opened with a polysemantic phrase: “We are from the Russian family ... sent from Oleg the Grand Duke of Russia and from all who are at his fingertips - light and great princes and his great boyars ...”
The treaty confirmed "peace and love" between the two states. AT
In 13 articles, the parties agreed on all economic, political, and legal issues of interest to them, and determined the responsibility of their subjects in the event that they commit any crimes. One of the articles dealt with the conclusion of a military alliance between them. From now on, Russian detachments regularly appeared as part of the Byzantine army during its campaigns against enemies. It should be noted that among the names of the 14 nobles used by the Grand Duke to conclude peace terms with the Greeks, there is not a single Slavic one. After reviewing this text, one might think that only the Varangians surrounded our first sovereigns and used their power of attorney, participating in the affairs of government.
The treaty of 944 mentions all Russian people in order to emphasize more strongly the idea immediately following this phrase about the binding nature of treaties for all Russian people. Treaties were concluded not on behalf of the veche, but on behalf of the prince and the boyars. Now we can have no doubt that all these noble men, exposed to power, were large landowners, not since yesterday, but having their own long history, who managed to get stronger in their estates. This is evidenced by the fact that with the death of the head of the family, his wife became the head of such a noble house. Russian Pravda confirms this position: “What the husband has laid on the nude, the same is the lady” (Trinity List, Art. 93). A significant part of the norms of customary oral law in a processed form entered the Russian
The truth. For example, article 4 of the treaty of 944 is generally absent from the treaty of 911, which establishes a reward for the return of a fugitive servant, but a similar provision is included in the Extensive
Truth (Article 113). Analyzing Russian-Byzantine treaties, it is not difficult to come to the conclusion that there can be no question of any domination of Byzantine law. They either give the so-called contractual, on the basis of a compromise between Russian and Byzantine law (a typical example is the norm on murder) or the principles of Russian law are carried out - Russian law, as we observe in the norm on sword strikes or a vessel, for that accent or beating, yes, a liter
5 silver according to Russian law "or in the norm on theft of property.
They testify to the rather high development of inheritance law in Russia.
But I believe that the adoption of Christianity by Russia had a special influence on the development of the law of ancient Russia. In 988, during the reign of
Kyiv of Prince Vladimir, the so-called "Baptism of Russia" takes place. The process of Russia's transition to a new faith proceeds gradually, encountering certain difficulties associated with the breaking of the old, well-established worldview and the unwillingness of part of the population to convert to a new faith.
At the end of the 10th - beginning of the 11th centuries, along with the new religion, new legislative acts came to pagan Russia, mainly Byzantine and South Slavic, containing the fundamental foundations of church - Byzantine law, which later became one of the sources of the legal monument I studied. In the process of strengthening the position of Christianity and its spread on the territory of Kievan Rus, a number of Byzantine legal documents, the nomocanons, take on special significance. associations of canonical collections of church rules of the Christian church and the decrees of the Roman and Byzantine emperors on the church.
The most famous of them are: a) Nomocanon of John Scholasticus, written in the 6th century and containing the most important church rules, divided into 50 titles, and a collection of secular laws from 87 chapters; b) Nomocanon 14 titles; c) Eclogue published in 741 by the Byzantine Emperor Leo
Iosovryanin and his son Constantine, dedicated to civil law (16 titles out of 18) and regulated mainly feudal landownership; d) Prochiron, published at the end of the 8th century by Emperor Constantine, called in Russia the City Law or the Manual Book of Laws; e) Law Judgment by People, created by the Bulgarian Tsar Simeon.
Over time, these church-legal documents, called in Russia
Pilot Books, take the force of full-fledged legislative acts, and soon after their distribution, the institution of church courts, existing along with princely ones, begins to take root. And now it is necessary to describe in more detail the functions of ecclesiastical courts. Since the adoption of Christianity, the Russian Church has been granted dual jurisdiction. Firstly, she judged all Christians, both clergy and laity, on certain matters of a spiritual and moral nature. Such a court was to be carried out on the basis of the nomocanon brought from Byzantium and on the basis of church charters issued by the first Christian princes of Russia, Vladimir Svyatoslavovich and Yaroslav
Vladimirovich. The second function of the ecclesiastical courts was the right to judge Christians (clergy and laity), in all cases: ecclesiastical and non-ecclesiastical, civil and criminal. Church court in non-ecclesiastical civil and criminal cases, which extended only to church people, had to be carried out according to local law and caused the need for a written code of local laws, which was Russkaya Pravda.
I would single out two reasons for the need to create such a set of laws:
1) The first ecclesiastical judges in Russia were Greeks and South Slavs, who were not familiar with Russian legal customs, 2) In Russian legal customs there were many norms of pagan customary law, which often did not correspond to the new Christian morality, so the church courts sought, if not completely eliminated, then at least try to soften some of the customs that most disgusted the moral and legal feelings of Christian judges, brought up on Byzantine law. It was these reasons that prompted the legislator to create the document I am studying.
I believe that the creation of a written code of laws is directly related to the adoption of Christianity and the introduction of the institution of church courts. After all, earlier, until the middle of the 11th century, the princely judge did not need a written set of laws, because. ancient legal customs were still strong, by which the prince and princely judges were guided in judicial practice. The adversarial process (prya) also dominated, in which the litigants actually led the process. And, finally, the prince, having legislative power, could, if necessary, fill in legal gaps or resolve the casual bewilderment of the judge.
Also, for greater persuasiveness, the assertion that the creation
Russian Pravda was influenced by the monuments of Church-Byzantine law, the following examples can be given:
1) Russian Pravda is silent about judicial fights, which undoubtedly took place in Russian legal proceedings of the 11th-12th centuries, and were established in the “Russian Law” I mentioned earlier. Also hushed up and ignored are many other phenomena that took place, but contradicted the Church, or actions that fell under the jurisdiction of church courts, but on the basis of
Russian Pravda, but church regulations (for example, insulting with a word, insulting women and children, etc.).
2) Even by its appearance, Russkaya Pravda indicates its connection with Byzantine legislation. It's a little codex like Eclogue and
Prochiron (synoptic codex).
In Byzantium, according to the tradition that came from Roman jurisprudence, a special form of codification was diligently processed, which can be called synoptic codification. Its model was given by the Institutions of Justinian, and further examples are the neighbors of Russkaya Pravda according to the Pilot's Book - Eclogue and
Prochiron. These are brief systematic expositions of law, rather works of jurisprudence than legislation, not so much a code as textbooks adapted to the easiest knowledge of laws.
Comparing Russkaya Pravda with the monuments of Byzantine church law, summing up the above observations, I came to the conclusion that the text
Russian Pravda was formed in the environment not of a princely, but of an ecclesiastical court, in an environment of ecclesiastical jurisdiction, the goals of which guided the compiler of this monument of law in his work.
Russkaya Pravda is one of the largest legal works of the Middle Ages. According to the time of its appearance, it is the oldest monument of Slavic law, entirely based on the judicial practice of the Eastern Slavs. Even Procopius of Caesarea in the 6th century noted that among the Slavs and Antes "all life and legalizations are the same." Of course, there is no reason to mean here by “legitimization” Russian Pravda, but it is necessary to recognize the existence of some norms according to which the life of the Ants flowed and which were remembered by experts in customs and preserved by tribal authorities. No wonder the Russian word "law" passed to the Pechenegs and was in their everyday life in the XII century. It is safe to say that blood feud was well known at that time, albeit in a truncated form in Russkaya Pravda. There is no doubt that the tribal community with customs in the process of decomposition, occurring under the influence of the development of the institution of private ownership of land, has turned into a neighboring community with a certain range of rights and obligations. This new community was reflected in Russkaya Pravda. All attempts to prove any influence on Russian Pravda by Byzantine, South Slavic, Scandinavian legislation turned out to be completely fruitless. Russian Truth arose entirely on Russian soil and was the result of the development of Russian legal thought in the 10th-12th centuries.
1. 2. LEGAL STATUS OF THE POPULATION
All feudal societies were strictly stratified, that is, they consisted of estates, rights and obligations, which were clearly defined by law, as unequal in relation to each other and to the state. In other words, each class had its own legal status. It would be a great simplification to consider feudal society in terms of the exploiters and the exploited. The estate of feudal lords, constituting the fighting force of the princely squads, despite all their material benefits, could lose their lives - the most valuable - easier and more likely than the poor class of peasants. The class of feudal lords was formed gradually. It included princes, boyars, squads, local nobility, posadniks, tiuns. The feudal lords carried out civil administration and were responsible for the professional military organization. They were mutually connected by a system of vassalage, regulating rights and obligations to each other and to the state. To ensure the functions of government, the population paid tribute and court fines. The material needs of the military organization were provided by landed property.
Feudal society was religiously static, not prone to sudden evolution. In an effort to consolidate this static nature, the state conserved relations with the estates in the legislative order.
Russian Pravda contains a number of norms that determine the legal status of certain groups of the population. A special place is occupied by the personality of the prince. He is regarded as an individual, which testifies to his high position and privileges. But further in its text, it is rather difficult to draw a line dividing the legal status of the ruling stratum and the rest of the population. ) for the murder of a representative of a privileged stratum (Article 1 of the PP) princely servants, grooms, tiuns, firemen. But the code is silent about the boyars and warriors themselves. Probably, the death penalty was applied for the encroachment on them. Chronicles repeatedly describe the use of execution during popular unrest. And also the rules on the special order of inheritance of real estate (land) for representatives of this layer
(Article 91 of the PP). In the feudal stratum, the earliest was the abolition of restrictions on female inheritance. In church charters for violence against boyar wives and daughters, high fines are set from 1 to 5 hryvnias of silver. Also, a number of articles protect the property of feudal lords.
. A fine of 12 hryvnias is established for violation of the land boundary, and fines are also levied for the ruin of bee houses, boyar lands, for the theft of hunting falcons and hawks.
The bulk of the population was divided into free and dependent people, there were also intermediate and transitional categories.
The urban population was divided into a number of social groups: boyars, clergy, merchants. "lower classes" (artisans, small merchants, workers, etc.) In science, the question of its legal status has not been adequately resolved due to a lack of sources. It is difficult to determine to what extent the population of Russian cities enjoyed city liberties similar to those in Europe, which further contributed to the development of capitalism in the cities. According to the historian
M.N. Tikhomirov, in Russia in the pre-Mongolian period existed until
300 cities. City life was so developed that it allowed
IN. Klyuchevsky to come up with the theory of "commercial capitalism" in the Ancient
Russia. M.L. Tikhomirov believed that in Russia “the air of the city made a person free,” and many runaway serfs hid in the cities.
Free residents of cities enjoyed the legal protection of the Russian
True, all articles on the protection of honor, dignity and life extended to them. Merchants played a special role. It early began to unite in corporations (guilds), called hundreds. Usually the "merchant hundred" operated under any church. Ivanovo Sto in Novgorod was one of the first merchant organizations in Europe.
Legally and economically independent group were also smerds - community members (they paid taxes and performed duties only in favor of the state).
In science, there are a number of opinions about smerds, they are considered free peasants, feudal dependents, persons of a slave state, serfs, and even a category similar to petty chivalry. But the main controversy is conducted along the line: free or dependent (slaves). Many historians, such as S.A. Pokrovsky, consider smerds as commoners, ordinary citizens, everywhere exposed by Russian Pravda, a free person unlimited in his legal capacity. So S.V. Yushkov saw in the stinks a special category of the enslaved rural population, and B.D. Grekov believed that there were dependent smerds and free smerds. A.A. Zimin defended the idea of the origin of serfs from serfs.
Two articles of Russian Pravda have an important place in substantiating opinions.
Article 26 of the Brief Pravda, which establishes a fine for killing slaves, reads in one reading: “And in the stink and in the slave 5 hryvnia” (Academic list) In the Archaeographic list we read: “And in the stink in the slave 5 hryvnia” in case of killing a smerd and a serf, the same fine is paid. From the second list it follows that the smerd has a serf who is killed
. It is impossible to resolve the situation.
Article 90 of the Long Truth reads: “If the smerd dies, then the inheritance to the prince; if he has daughters, then give them a dowry” Some researchers interpret it in the sense that after the death of a smerd, his property passed entirely to the prince and he is a “dead hand” person, that is, not able to transfer the inheritance. But further articles clarify the situation - we are talking only about those smerds who died without having sons, and the removal of women from inheritance is characteristic at a certain stage of all the peoples of Europe. From this we see that the smerd ran the household together with his family.
However, the difficulties of determining the status of a smerd do not end there. Smerd, according to other sources, acts as a peasant who owns a house, property, a horse. For the theft of his horse, the law establishes a fine of 2 hryvnias. For "flour" smerd, a fine of 3 hryvnias is set. Russkaya Pravda nowhere specifically indicates the restriction of the legal capacity of smerds, there are indications that they pay fines (sales) typical of free citizens. The law protected the person and property of the smerd. For committed offenses and crimes, as well as for obligations and contracts, he was personally and property liable, for debts the smerd was threatened with becoming a feudal-dependent purchase, in the trial, the smerd acted as a full participant.
Russian Pravda always indicates, if necessary, belonging to a specific social group (combatant, serf, etc.). In the mass of articles about free people, it is free people that are implied, about smerds, it comes only where their status needs to be highlighted.
Dani, polyudie and other requisitions undermined the foundations of the community, and many of its members, in order to pay tribute in full and somehow survive themselves, were forced to go into debt bondage to their rich neighbors. Debt bondage has become the most important source of formation of economically dependent people. They turned into servants and serfs, bending their backs to their masters and having practically no rights. One of these categories was the ryadovichi
(from the word "row" - an agreement) - those who conclude an agreement on their temporary servile position, and his life was estimated at 5 hryvnia.
Being a ryadovich was not always bad, he could turn out to be a key keeper or manager .. A more complex legal figure is a purchase.
Short Truth does not mention the purchase, but in the Long Truth there is a special charter on purchases. Zakup - a person who worked in the household of a feudal lord for a “kupa”, a loan that could include various values: land, livestock, money, and so on. This debt had to be worked out, and there were no standards. The amount of work was determined by the lender. Therefore, with an increase in interest on a loan, bondage increased and could continue for a long time. The first legal settlement of the debt relations of purchases with creditors was made in the Charter of Vladimir
Monomakh after the uprising of purchases in 1113. The limits on interest on debt were set. The law protected the person and property of the purchase, forbidding the master to unreasonably punish and take away property. If the purchase itself committed an offense, the responsibility was twofold: the master paid a fine for it to the victim, but the purchase itself could be issued by the head, i.e. turned into a complete jerk. Its legal status changed dramatically.
For an attempt to leave the master without paying, the purchase turned into a serf. As a witness in the trial, the purchase could act only in special cases: in minor cases (“in small claims”) or in the absence of other witnesses (“out of need”). Procurement was the legal figure who most vividly illustrated the process
"feudalization", enslavement, enslavement of former free community members.
In Russkaya Pravda, a “role” (arable) purchase that worked on foreign land did not differ in its legal status from a purchase
"non-role". Both of them differed from hired workers, in particular, in that they received payment for work for the future, and not after completion. Role purchases, working on foreign land, worked it partly for the master, partly for themselves. Non-role purchases provided personal services to the master in his house. In the feudal economy, the labor of serf slaves was widely used, the ranks of which were replenished with prisoners, as well as ruined tribesmen. The position of the serfs was extremely difficult - they
"Below rye bread they ate and without salt from the last poverty." Feudal fetters tenaciously kept man in a slave position. Sometimes, completely despairing and having lost faith in all earthly and heavenly hopes, the serfs tried to break them, raised their hands against the offenders-masters. So, in 1066, reports
Novgorod chronicle, one of the church fanatics, Bishop Stefan, was strangled by his own serfs. A serf is the most disenfranchised subject of law. His property position is special: everything he possessed was the property of the master. His personality as a subject of law was not protected by law. In a trial, a serf cannot act as a party. (plaintiff, defendant, witness). Referring to his testimony in court, a free man had to make a reservation that he was referring to “the words of a serf.” The law regulated various sources of servility of Russkaya Pravda and provided for the following cases: the sale itself into slavery, birth from a slave, marriage to a slave, “keykeeping”, i.e. entry into the service of the master, but without the reservation of maintaining the status of a free person. The most common source of servility, not mentioned, however, in
Russian Pravda, was captured. But if the serf was a prisoner - “taken from the rati”, then his fellow tribesmen could ransom him. The price for a prisoner was high - 10 gold coins, full-weight gold coins of Russian or Byzantine coinage. Not everyone hoped that such a ransom would be paid for him. And if the slave came from his Russian clan-tribe, then he waited and he wished for the death of his master. The owner could, by his spiritual testament, hoping to atone for earthly sins, set the serfs free. After that, the serf turned into a setter, that is, set free. Kholops stood on the lowest rung even in those ancient times of the ladder of social relations. The sources of servility were also: the commission of a crime (such a punishment as “stream and plunder” provided for the extradition of the criminal with a “head”, turning into a slave), the flight of the purchase from the master, malicious bankruptcy (the merchant loses or squanders someone else's property) Life became more difficult, tributes and dues increased. The ruin of unbearable requisitions of smerds-communes gave rise to another category of dependent people-outcasts. An outcast is a person who has been expelled from his circle by the force of difficult life circumstances, who has gone bankrupt, who has lost his home, family, household. The name of the outcast comes, apparently, from the ancient verb "goit", equivalent in the old days to the word
"live". The very appearance of a special word for such people speaks of a large number of disadvantaged people. Outcasts as a social phenomenon spread widely in Ancient Russia, and feudal legislators had to include articles about outcasts in the codes of ancient laws, and the church fathers now and then commemorate them in their sermons.
So from the foregoing, one can get some idea of the legal status of the main categories of the population on
Russia.
CONCLUSION
Undoubtedly, Russkaya Pravda is the most unique monument of ancient Russian law. Being the first written code of laws, it, nevertheless, quite fully covers the very vast sphere of relations at that time. It is a set of developed feudal law, which reflects the norms of criminal and civil law and process.
Russian Truth is an official act. Its very text contains indications of the princes who adopted or changed the law (Yaroslav
Wise, Yaroslavichi, Vladimir Monomakh).
Russian Truth is a monument of feudal law. It comprehensively defends the interests of the ruling class and frankly proclaims the lack of rights of unfree workers - serfs, servants.
Russian Truth in all its editions and lists is a monument of enormous historical significance. For several centuries, it served as the main guide in litigation. In one form or another, Russian Pravda was included in or served as one of the sources of the later judicial charters: the Pskov Judicial Charter, the Dvina Charter of 1550, even some articles of the Cathedral Code of 1649.
The long use of Russian Pravda in court cases explains to us the appearance of such types of lengthy editions of Russian Truth, which were subjected to alterations and additions as early as the 14th and 16th centuries.
Russian Truth satisfied the needs of the princely courts so well that it was included in legal collections until the 15th century. Lists
The extensive Truth was actively disseminated as early as the 15th - 16th centuries. And only in
In 1497, the Sudebnik of Ivan III Vasilyevich was published, replacing the Lengthy
Pravda as the main source of law in the territories united as part of the centralized Russian state.
BIBLIOGRAPHY.
1. GREKOV B.D. Kievan Rus. Politizdat. 1953.
2. ZIMIN A.A. Slaves in Russia. M. Science. 1973.
3. Isaev I. A. History of the state and law of Russia. M. 1999.
4. SVERDLOV M.B. From Russian law to Russian Pravda. M. 1988.
5. Tikhomirov M.N. Manual for the study of Russian Truth. publishing house
Moscow University. 1953.
6. Reader on the history of the state and law of the USSR. pre-October period.
Under the editorship of Yu.P. TITOV. and CHISTYAKOVA I.O. M. 1990.
7. KLYUCHEVSKY V.O. The course of Russian history, part 1.5-ed.M
8. Shchapov Ya.N. Princely statutes and the church in Ancient Russia of the 9th-14th centuries.
9. Yushkov S.V. Russian Truth: Origin, sources, its meaning. M.
RUSSIAN PRAVDA- a monument of legislation of the 11th-12th centuries, which is considered the earliest code of legal norms of early medieval Russia that has come down to modern researchers.The term “pravda”, often found in ancient Russian sources, means the legal norms on the basis of which the court was decided (hence the expressions “to judge the right” or “to judge in truth”, that is, objectively, fairly). The sources of codification are the norms of customary law, princely judicial practice, as well as borrowed norms from authoritative sources - primarily the Holy Scriptures. There is an opinion that before Russian truth there was a Law Russian(there are links to its norms in the text Agreements Russia with Byzantium 907), however, which of his articles were included in the text of Russkaya Pravda, and which are original, there is no exact data. According to another hypothesis, the name "Pravda Roskaya" comes from the lexeme "ros" (or "Rus"), which means "combatant". In this case, the text of the code of norms should be seen as a code adopted to regulate relations in the princely retinue environment. The significance of tradition and the norms of customary law (not recorded anywhere and by anyone) was less in it than in the communal environment.
Russian Pravda has survived to this day in the lists of the 15th century. and eleven lists
18 –19th centuries According to traditional Russian historiography, these texts and lists are divided into three editions Russian Pravda : brief, Spacious and abbreviated . The oldest list or first edition Pravda Russian is Brief Truth (20-70s 11 c.), which is usually divided into The truth of Yaroslav the Wise(1019–1054) and Truth of the Yaroslavichs. First 17 articles Pravda Yaroslav(according to the breakdown of later researchers, since there is no source of division into articles in the text itself), preserved in two lists of the 15th century. as part of the Novgorod I Chronicle, contain an even earlier layer - the first 10 recorded norms, “like Yaroslav judged” - they are called Ancient Truth (« True Roska). Its text was compiled no earlier than 1016. A quarter of a century later, the text Ancient Truth formed the basis of all Pravda Yaroslav- a code of case law. These norms regulated relations within the princely (or boyar) economy; among them are decrees on payments for murder, insults, mutilations and beatings, theft and damage to other people's property. Start Brief Truth convinces of fixing the norms of customary law, since they deal with blood feud (Article 1) and mutual responsibility (Article 19).Pravda Yaroslavichi(sons Yaroslav the Wise) are referred to as Articles 19–41 in the text Brief Truth. This part of the code was compiled in the 70s
11 in. and until the end of the century was constantly updated with new articles. These include articles 27-41, divided into Pocon virny(that is Regulations on fines in favor of the prince for the murder of free people and the norms for feeding the collectors of these payments), the appearance of which is associated with the uprisings of 1068–1071 in Russia, and Lesson for bridgemen(i.e. Rules for those who pave the roadway in cities). In general Brief edition Russian Pravda reflects the process of formalizing laws from particular cases to general norms, from solving specific issues to formalizing national law at the stage of formation of the medieval feudal order.Long Truth- second edition Russian Pravda, a monument to a developed feudal society. Created in 20-30s
12 in. (a number of researchers associate its occurrence with the Novgorod uprisings of 1207-1208 and therefore attribute its compilation to 13 in.). Preserved in more than 100 lists as part of legal collections. The earliest - Synodal list of the Long Truth- compiled in Novgorod around 1282, included in the Pilot Book and was a collection of Byzantine and Slavic laws. Another early list is Troitsky, 14th century. - is part of The measure of the righteous, also the oldest Russian legal collection. Most of the lists Long Truth– later, 15– 17 centuries All this wealth of texts Long Truth It is combined into three types (in source studies - excerpts): Synodal Trinity , Pushkin-Archaeographic and Karamzinsky. Common to all types (or izvodov) is the union of text Brief Truth with the norms of the princely legislation of Svyatopolk Izyaslavich, who ruled Kyiv from 1093 to 1113, as well as the Charter Vladimir Monomakh 1113 (the charter determined the amount of interest charged on contractual loans). By volume Long Truth almost five times more Brief(121 articles with additions). Articles 1-52 are referred to as Court of Yaroslav, articles 53–121 – as Charter of Vladimir Monomakh. Norms Long Truth acted before the Tatar-Mongol yoke in Russia and in its first period.Some researchers (M.N. Tikhomirov, A.A. Zimin) believed that Long Truth was primarily a monument to the Novgorod civil legislation, and later its norms became all-Russian. The degree of "formality" Long Truth unknown, as well as the exact boundaries of the region covered by its rules.
The most controversial monument of ancient Russian law is the so-called Abbreviated Truth- or third edition Russian Pravda, which arose in
15 in. She reached only two lists of the 17th century, placed in Pilot's book special composition. It is believed that this edition originated as a shortening of the text Long Truth(hence the name), was compiled in the Perm land and became known after its accession to the Moscow principality. Other scholars do not rule out that this text was based on an earlier and unknown monument of the second half of the 12 in. Among scientists, disputes still continue regarding the dating of various editions. Truth especially this third one. 14 in. Russian Truth began to lose its significance as a valid source of law. The meaning of many of the terms used in it became incomprehensible to scribes and editors, which led to text distortions. First 15 in. Russian Pravda ceased to be included in legal collections, which indicates the loss of its legal force by the norms. At the same time, its text began to be entered into chronicles - it became history. Text Russian Pravda(various editions) formed the basis of many legal sources - Novgorod and Smolensk with Riga and the Gotsky coast (Germans) of the 13th century, Novgorod and Letters of judgment , Lithuanian Statute 16 in., Sudebnik Casimir 1468 and finally the all-Russian code of norms of the era of Ivan III Sudebnik 1497. Brief Pravda was first discovered by V.N. Tatishchev in 1738 and published by A.L. Schletser in 1767. Long Truth first published by I.N. Boltin in 1792. In the 19th century. above true outstanding Russian lawyers and historians worked - I.D. Evers, N.V. Kalachev, V. Sergeevich, L.K. Russian Pravda, the relationship between the lists, the essence of the legal norms reflected in them, their origins in Byzantine and Roman law. In Soviet historiography, the main attention was paid to the "class essence" of the source under consideration (the works of B.D. Grekov, S.V. Yushkov, M.N. Tikhomirov, I.I. Smirnov, L.V. Cherepnin, A.A. Zimin ) - that is, to study with the help of Russian Pravda social relations and class struggle in Kievan Rus. Soviet historians emphasized that Russian Truth reinforced social inequality. Having comprehensively defended the interests of the ruling class, she frankly proclaimed the lack of rights of unfree workers - serfs, servants (for example, the life of a serf was estimated 16 times lower than the life of a free "husband": 5 hryvnias against 80). According to the findings of Soviet historiography, Russian Truth asserted the lack of rights for women both in property and in the private sphere, but modern studies show that this is not so (N.L. Pushkareva). In Soviet times, it was customary to talk about Russian Pravda as a single source that had three editions. This corresponded to the general ideological attitude to the existence in ancient Russia of a single legal code, just as the Old Russian state itself was considered as the "cradle" of the three East Slavic peoples. At present, Russian researchers (I.N. Danilevsky,A.G. Golikov) more often talk about Brief , Spacious and Abridged Truths as independent monuments of great importance for the study of various parts of the state of Rus, similar to all-Russian and local chronicles.All texts of Russian Pravda have been repeatedly published. There is a complete academic edition of it according to all known lists.
Lev Pushkarev, Natalya Pushkareva
APPENDIXRUSSIAN PRAVDA SHORT EDITION
RUSSIAN LAW
1. If a person kills a person, then the brother takes revenge for the (murder) of the brother, the son for the father, or the cousin, or the nephew on the side of the sister; if there is no one who would take revenge, put 40 hryvnia for the murdered; if the (killed) is a Rusyn, a Gridin, a merchant, a scoundrel, a swordsman, or an outcast and a Slovene, then put 40 hryvnia for him.
2. If someone is beaten to blood or bruises, then do not look for witnesses to this person; if there are no marks (beats) on him, then let witnesses come; if he cannot (bring witnesses), then the case is over; if he cannot avenge himself, then let him take from the guilty 3 hryvnias of remuneration to the victim, and even payment to the doctor.
3. If someone hits someone with a batog, pole, metacarpus, bowl, horn or sword flat, then (pay) 12 hryvnias; if he is not overtaken, he pays, and that is the end of the matter.
4. If (someone) strikes with a sword without taking it out (from its scabbard), or with a hilt, then (pay) 12 hryvnias of reward to the victim.
5. If (someone) strikes (with a sword) on the hand and the hand falls off or dries up, then (pay) 40 hryvnias.
6. If the leg remains intact, (but) if it begins to limp, then let the household (wounded) humble (the guilty one).
7. If (someone) cuts off (someone) any finger, then (pay) 3 hryvnias of remuneration to the victim.
8. And for a (pulled out) mustache (pay) 12 hryvnia, and for a tuft of beard - 12 hryvnia.
9. If someone draws a sword, but does not strike (with it), then he will put a hryvnia.
10. If a person pushes a person away from himself or towards himself, then (pay) 3 hryvnias if he puts forward two witnesses; but if (beaten) there is a Varangian or a kolbyag, then (let him) go to the oath.
11. If the servant hides at the Varangian or at the kolbyag, and he is not returned within three days (to the former master), then having identified him on the third day, he (i.e., the former master)
take his servant, and (to pay the concealer) 3 hryvnias of remuneration to the victim.12. If someone rides someone else's horse, without asking, then pay 3 hryvnia.
13. If someone takes someone else's horse, weapon or clothes, and (the owner) recognizes (them) in his world, then let him take his own, and (the thief pay) 3 hryvnias of remuneration to the victim.
14. If someone recognizes (his thing from someone), then he cannot take it, saying (at the same time)
" my " ; but let him say:« Go to the vault (find out) where you got it» ; if (he) does not go, then let (put up) a surety, (which will appear on the vault) no later than five days.15. If somewhere (someone) exacts the rest from someone, and he begins to lock himself up, then go to him (with the defendant) to the vault in front of 12 people; and if it turns out that he maliciously did not give (the subject of the claim), then (for the thing sought) one should (pay) him (i.e., the victim) in money and (in addition) 3 hryvnias of remuneration to the victim.
16. If someone, having identified his (missing) servant, wants to take him, then take (him) to the one from whom he was bought, and he goes to the second (dealer), and when they reach the third, then let him say to him:
« You give me your servant, and look for your money with a witness» .17. If a serf hits a free man and runs away to the mansion, and the master does not want to extradite him, then the master of the serf will take for himself and pay 12 hryvnias for him; and after that, if the man beaten by him finds a serf anywhere, let him kill him.
18. And if (who) breaks a spear, a shield or (spoils) clothes and wants to keep them, then (the owner) receive (compensation for this) in money; if, having broken something, he tries to return it, then pay him in money, how much (the owner) gave when buying this thing.
The law established for the Russian land, when Izyaslav, Vsevolod, Svyatoslav, Kosnyachko Pereneg (?), Nicephorus of Kiev, Chudin Mikula gathered.
19. If the butler is killed, avenging the insult (inflicted on him), then the killer will pay 80 hryvnia for him, and people (pay) do not need to: and (for the murder) of the prince's entrance (pay) 80 hryvnia.
20. And if the butler is killed in a robbery, and the killer (people) will not be looked for, then the rope, in which the corpse of the murdered was found, pays the vir.
21. If they kill the butler (for stealing) in the house or (for stealing) a horse or for stealing a cow, then let them kill
(him) like a dog. The same establishment (valid) and when killing a tyun.22. And for the (killed) princely tiun (pay) 80 hryvnias.
23. And for the (murder) of the head groom at the herd (pay) 80 hryvnias, as Izyaslav decided when the Dorogobuzh men killed his groom.
24. And for the murder of a (princely) headman who was in charge of villages or arable land, (pay) 12 hryvnias.
25. And for the (murder) of a princely ryadovich (pay) 5 hryvnias.
26. And for (killing) a smerd or for (killing) a serf (pay) 5 hryvnias.
27. If (killed) a slave-breadwinner or an uncle-educator, (then pay) 12 (hryvnias).
28. And for a princely horse, if it is with a brand (pay) 3 hryvnias, and for a smerd - 2 hryvnias, for a mare - 60 cuts, and for an ox - a hryvnia, for a cow - 40 cuts, and (for) a three-year-old - 15 kunas , for a two-year-old - half a hryvnia, for a calf - 5 cuts, for a lamb - a foot, for a ram - a foot.
29. And if (someone) takes away someone else's serf or slave, (then) he pays 12 hryvnias of remuneration to the victim.
30. If a man beaten to blood or bruises comes, then do not look for witnesses for him.
31. And if (someone) steals a horse or oxen or (robs) a house, and at the same time he stole them alone, then pay him a hryvnia (33 hryvnias) and thirty cuts; if there are 18 (? even 10) thieves, then (pay each) three hryvnias and 30 cuts to pay people (? princes).
32. And if they set fire to the princely board or pull out (from it) bees, (then pay) 3 hryvnias.
33. If, without a princely order, they torture a smerd, (then pay) 3 hryvnias for an insult; and for (torture) a fireman, a tiuna and a swordsman - 12 hryvnias
. 34. And if (someone) plows the boundary or destroys the boundary sign on the tree, then (pay) 12 hryvnias of remuneration to the victim.35. And if (someone) steals a rook, then pay 30 rezan for the rook, and a fine of 60 rezan.
36. And for a pigeon and for a chicken (pay) 9 kunas, and for a duck, for a crane and for a swan - 30 rezan; and a fine of 60 cut.
37. And if someone else's dog, hawk or falcon is stolen, then (pay) rewards to the victim 3 hryvnias.
38. If they kill a thief in their yard or in a house or near bread, then so be it; if they kept (him) up to
dawn, then take him to the princely court; but if (he) is killed and people saw (him) bound, then pay for him.39. If hay is stolen, then (pay) 9 kunas; and for firewood 9 kunas.
40. If a sheep, a goat or a pig is stolen, moreover, 10 (people) stole one sheep, then let them put 60 reza fines (each); and to the detainer (the thief to pay) 10 cuts.
41. And from the hryvnia to the swordsman (required) kuna, and 15 kuna to the tithe, and 3 hryvnia to the prince; and out of 12 hryvnias - 70 hryvnias to the one who detained the thief, and 2 hryvnias to the tithe, and 10 hryvnias to the prince.
42. And here is the establishment for the virnik; virnik (should) take 7 buckets of malt per week, as well as a lamb or half a carcass of meat or two legs; and on Wednesday, cut or cheese; also on Friday, and (take) as much bread and millet as they can eat; and chickens (to take) two a day; put 4 horses and feed them to the full; and virnik (pay) 60 (? 8) hryvnias, 10 rezan and 12 veverins; and at the entrance hryvnia; if it is required during the fast (to him) fish, then take 7 cuts for the fish; total of all money 15 kunas; and bread (to give), how much
can eat; let the virniki collect the vira within a week. This is the order of Yaroslav.43. And here are the taxes (established for) builders of bridges; if they build a bridge, then take a nogata for work and a nogata from each span of the bridge; if several boards of the old bridge were repaired - 3, 4 or 5, then take the same amount.
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Yushkov S.V. Russian Truth: Origin, sources, its meaning. M., 1950
Monuments of Russian law. Issue. one. M., 1952
Tikhomirov M.N. A guide to the study of Russian truth. M., 1953
Shchapov Ya.N. Princely statutes and the church in ancient Russia
X-XIV centuries M., 1972
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