Alexander Nevsky compiling a code of laws Russian truth. Yaroslav the Wise

A special place in the history of the reign of Yaroslav the Wise was occupied by legislative activity, the crown of which was the famous Russkaya Pravda. In Russian historiography, the dispute over a number of problems related to the study of this first feudal code of norms of public, that is, written (state) law of Ancient Rus', still does not subside.

1) Remains unresolved until the end the question of the time of the appearance of Russkaya Pravda. Some researchers (B. Grekov, L. Cherepnin, A. Zimin, M. Sverdlov) believed that its first articles were published by Yaroslav the Wise as early as 1016, when he gave the Novgorodians the famous "Charter of Scuffle". Then this charter was supplemented by a number of new legal norms, which created the general framework for the entire Pravda Yaroslav.

Other authors (S. Yushkov, M. Tikhomirov, A. Kuzmin) believed that in 1016 Prince Yaroslav gave the Novgorodians only the first "Charter", and the "Pravda" itself, as a form of the Old Russian "Sudebnik", was bestowed on them only in 1035, on the eve of his departure for Kiev. Thus, in the composition of Pravda Yaroslav there were three main components:

a) two "Charters" of Yaroslav, which were given to the people of Novgorod in 1016-1019,

b) two princely laws “Pokonvirny” and “Lesson to merciful”, published by him in 1020-1030s;

c) the third "Charter" to the Novgorodians, which he bestowed on them in 1035.

Finally, a number of modern authors (A. Petrov, D.V. Borovkov), succumbing to obvious vulgarization, believe that the first Novgorod charters, issued when Yaroslav was a prince of Novgorod, became the initial stage of his “constitutional reform”. And the third charter, which was issued in 1036, completed this political process by establishing fundamentally new relationships between Kiev and republican Novgorod.

2) It remains debatable the question of the internal structure of Russkaya Pravda itself, but most modern authors believe that it consisted of three main editions:

a) “Brief Truth”, consisting of “The Truth of Yaroslav” (Articles 1-17), “The Truth of Yaroslavichi” (Articles 18-41) and two princely laws: “The Veil of Virtues” (Article 42) and “A Lesson to the Merciful ”(Article 43). The creation of this earliest edition of Russkaya Pravda is attributed by historians to 1016-1072. Some authors (A. Zimin, M. Sverdlov) believe that the entire “Brief Truth” was the result of the legislative activity of Yaroslav the Wise himself, and the Yaroslavichi only banned the right of “blood feud”. Their opponents (B. Grekov, M. Tikhomirov, S. Yushkov, L. Cherepnin) believed that the Pravda of the Yaroslavichs was created not by Yaroslav the Wise himself, but by his sons in the 1070s.

b) The Long Truth, consisting of the Court of Yaroslav Vladimirovich (Art. 1-52) and the Charter of Vladimir Monomakh (Art. 53-121), which was an expanded version of the Brief Truth. The time of creation of this, second, edition of Russkaya Pravda, historians attribute either to 1113-1125. (S. Yushkov, M. Sverdlov), or by 1209 (M. Tikhomirov, L. Cherepnin).

c) The Abridged Truth, which was an abbreviated edition of the Long Truth and had nothing to do with the history of Kievan Rus, since it was created either at the end of the 15th century. (M. Tikhomirov), or even at the end of the 16th century. (A. Zimin).

The main sources of Russkaya Pravda were:

1) the norms of customary law, enshrined in the "Russian Law" and age-old folk traditions;

2) norms of public law in the form of princely charters, statutes and lessons;

3) princely judicial practice, which was a kind of counterbalance to the traditions of customary law.

If in Pravda Yaroslav there were still norms of customary law, in particular, the “principle of talion” (blood feud) and mutual responsibility, then blood feud began to be replaced by monetary virs (fines), and legal responsibility began to be more personified.

Many historians and lawyers (S. Yushkov, A. Zimin, M. Sverdlov, A. Sakharov) argued that the letter and spirit of the law "Russian Truth" was very close to the so-called "barbaric truths" of Bavaria, Thuringia, Saxony and other German states. Their more insightful colleagues (A. Kuzmin, L. Milov) paid special attention to the striking fact that in Russkaya Pravda, in contrast to the much more severe Byzantine and European legislation: 1) there was absolutely no such punishment as self-mutilation, which was replaced by monetary fines, and 2) the dignity of the person was protected above any property, since, for example, for the theft of a war horse, the amount of the fine was its value, i.e. only 3 hryvnias (Article 11 “If someone rides someone else’s horse without flashing it, then put 3 hryvnia”), while for inflicting beatings during the “scuffle”, when, for example, the injured party had their beard or mustache pulled out, a fine of 12 hryvnias was levied, i.e. four times more! (Article 3 “If someone hits someone with a batog, either with a pole, or with a pastern, or with a cup, or with a horn, or with a head, then 12 hryvnias”).

Russkaya Pravda also contained many norms that determined the legal status of various social categories and groups of the population, in particular tiuns, firemen, smerds, serfs, ryadovichi, purchases and others. According to its text it is difficult to distinguish the legal status of the ruling class. The only legal criteria that made it possible to somehow determine their legal status were: 1) the norms of increased (double) criminal liability for the murder of representatives of the ruling class and 2) the order of inheritance of land and other property by this influential social group - princes, boyars, "princes men, firemen and tiuns. But in this list, the firemen and tiuns were not the owners of the land, therefore, most likely, these privileges extended to that category of dependent people who were personal servants (serfs) of the Grand Duke of Kiev and other specific princes.

Since Russkaya Pravda was the first and rather archaic legal code, the crime was defined in it not as a violation of the law or the prince's will, but as an "offense", i.e. causing material and moral damage. Therefore, the system of punishments in Russkaya Pravda mainly provided for property sanctions: confiscation, fines and compensation for damages. The ultimate punishment was "stream and plunder", when the property of the criminal was subject to complete confiscation, and he himself was given into slavery.

"The Truth of Yaroslav" (Ancient Truth)- an old Russian code of laws and judicial norms, issued by Yaroslav the Wise in the form of a letter to the Novgorodians, who helped him in the battle with the troops of Svyatopolk the Accursed near Lyubech.

"Ancient Truth" consists of 18 articles that regulate criminal law - blood feud, punishment for murder in the form of a fine (vira), punishment for beatings, riding someone else's horse, damage to property, etc.

Briefly about the essence and content of the main provisions

According to various versions, the adoption of the first written Russian code of laws took place during the reign of Yaroslav the Wise in 1016 or 1036.

As reasons for the appearance usually called the desire of Prince Yaroslav to limit pagan traditions in accordance with Christian values, however, one of the dates (1016) coincides with clashes between Novgorodians and Varangian mercenaries invited by Yaroslav the Wise to serve, as a result of which the Novgorodians, who beat the Varangians for "violence against married wives" were deceived by the prince, who promised them leniency, and executed.

The main subject of the "Ancient Truth" - husband- free man.

In fact - there was a restriction of the right to blood feud, in many cases replaced by a fine, and the Varangian mercenaries were given a more privileged position.

True, Yaroslav describes some categories of the Old Russian (Novgorod) society, equalized in rights by establishing a single amount of vira (40 hryvnias) for their murder:

“If there will be a Rusyn, any Gridin, any merchant, any Yabetnik, any swordsman, if there will be outcasts, any Slovenian, then put 40 hryvnia for n.”

This list is interpreted by the researchers as follows:

Rusyn- junior princely combatant, including:
gridin- a representative of the combat squad;
merchant- combatant engaged in trade;
yabetnik- combatant associated with the trial;
swordsman- collector of fines;
outcast- a person who has lost contact with the community;
Slovenian- a resident of Slovenian, that is, Novgorod land, in this context - an ordinary resident.

List of articles by Pravda Yaroslav

• Art. 1 - grants the right of relatives to blood feud for murder. Revenge is allowed to a brother for a brother, a son for a father, a father for a son, a nephew for an uncle and aunt. In other cases, and also if the avenger was not found, the murderer is obliged to pay the vir - a fine in favor of the prince in the amount of 40 hryvnias.
• Art. 2 - a person beaten to the point of blood or bruises does not need to present a vidok (an eyewitness to the incident). If there are no signs of beatings, a video camera is necessary. If the victim cannot take revenge for himself, the violator is obliged to pay 3 hryvnia “for the offense” and pay for the services of a doctor.
• Art. 3 - for a blow with a fist or a blunt object, a fee of 12 hryvnias is charged if the case was not resolved by revenge.
• Art. 4 - for a blow with a scabbard or a sword hilt - also 12 hryvnia ("for insult").
• Art. 5 - inflicting an injury that led to the deprivation of a hand is punishable by a fee of 40 hryvnia - equal to a fine for killing a free person.
• Art. 6 - forbade children to avenge an injury to a parent's leg if the leg remained functional.
• Art. 7 - they set a fee of 3 hryvnias (“for insult”) for finger damage.
• Art. 8 - sets a fee of 12 hryvnia for damage to the mustache and beard.
• Art. 9 - determines the fee of 1 hryvnia for threats with a naked sword.
• Art. 10 - if one husband pushes another, if there are two videos, he pays 3 hryvnias. If the victim is a Varangian or a kolbyag (varieties of mercenaries), he does not need to provide a video recorder, it was enough just to go to the company, that is, take an oath about the truth of his testimony.
• Art. 11 - if a runaway servant (slave) hides with a Varangian or a kolbyag, and he is not found within three days, the hider, having returned him to his master, is obliged to pay the latter 3 hryvnias "for insult".
• Art. 12 - riding someone else's horse without asking is punishable by a fee of 3 hryvnia.
• Art. 13 - the use of someone else's horse, weapon or clothing is punishable by a fee of 3 hryvnias "for insult" if the missing property was identified in its own world (community).
• Art. 14 - a person who has identified a thing stolen from him cannot immediately return it to himself, but first he must send the person who discovered the loss to the vault (a special form of pre-trial preparation of the case, a way to search for the stolen) in order to establish through whose hands this thing came to him. If the latter did not go to the vault immediately, he had to present a guarantor that he would do it within five days.
• Art. 15 - the case of the debtor's refusal to pay the debt should be decided at the end before 12 people (“the end before 12 people” - a court or several rumors - witnesses of “good fame”). If it was established that the debt had indeed not been repaid, the defendant gave the “cattle” (money) to the plaintiff and paid 3 hryvnias “for the offense”.
• Art. 16 - the person from whom the master discovered and identified his stolen (stolen) servant should go to the one from whom the servant was bought, and he, in turn, went to the previous buyer. When the code reached the third buyer, the master returned his servant, and the third buyer collected his "cattle" (money) from the seller with the help of a vidok.
• Art. 17 - if a serf hit a free husband and ran into his master's choir, but the master did not betray him, then the serf's owner is obliged to pay the plaintiff 12 hryvnias. But even after payment of compensation, the plaintiff has the right to punish the offender-serf, if he could find him.
• Art. 18 deals with the situation in which a person has damaged someone else's spear, shield or clothing. If he wanted to keep the thing for himself, he had to pay the owner "cattle" (money) as compensation. If the perpetrator of the damage to the thing agreed to return the item, he had to pay the owner for it the amount for which he bought it

The meaning of Yaroslav's Truth and the further development of the laws of Kievan Rus

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).

Later, the code was supplemented by the sons of Yaroslav the Wise (Pravda Yaroslavichi), Svyatopolk Izyaslavich and Vladimir Monomakh. The text of 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, the Novgorod and Judgment charters, the Lithuanian Statute of the 16th century, the Sudebnik of Casimir of 1468 and finally the all-Russian code of norms of the era of Ivan III - Sudebnik 1497

History of discovery and opinions of historians

The Brief Pravda was first discovered by V.N. Tatishchev in 1738 and published by A.L. Schletser in 1767. prominent Russian lawyers and historians worked on Pravda - I.D. Evers, N.V. Kalachev, V. Sergeevich, L.K. 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 social relations and class struggle in Kievan Rus with the help of Russian Truth. Soviet historians emphasized that Russian Truth consolidated 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 conclusions of Soviet historiography, Russkaya Pravda asserted the lack of rights for women both in property and in the private sphere, but modern research shows that this is not so (N.L. Pushkareva). In Soviet times, it was customary to speak of Russkaya Pravda as a single source that had three editions. This corresponded to the general ideological attitude to the existence in ancient Rus' 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 speak of the Brief, Long and Abbreviated Truths as independent monuments of great importance for the study of various parts of the state of Rus, similar to all-Russian and local annals.

According to A.P. Tolochko, the Brief Pravda, including the “Ancient Truth”, is a falsification made in Novgorod in the 15th century on the basis of the Long Edition as part of the description of the so-called “Yaroslavl letters” - imaginary agreements between Prince Yaroslav the Wise and Novgorodians.

The reign of Yaroslav the Wise for Rus' was marked by a truly epochal event for the further history of the country - the issuance of the first law. Russkaya Pravda became such the first written set of rules.

Each of us must have heard about such an epoch-making document since school days. But many are wondering: why is Russian Truth a manifestation of the wisdom of Yaroslav, and how did it contribute to the stabilization of the life of society in the emerging legal state?

The thing is that before the reign of Yaroslav, a written code of laws did not exist at all. The text of Russkaya Pravda became the fundamental basis for the entire further existence of Kievan Rus as a legal state.

It was after the publication of this legal and historical act that Yaroslav Vladimirovich received the nickname "Wise". This is the first collection that contained a code of criminal, legal, civil, family, procedural and administrative norms. It is from him that we learn about the traditions and customs of our ancestors.

Interesting to know! The term "criminal" has come to us since the time of Kievan Rus. The old Russian word "golovshchina" meant murder.

Thus, the Russian Truth of the Yaroslavichs, as a legitimate common truth, provided for both the protection of private property and the protection of the life of every citizen of the state, regardless of status and position in society. According to this act, a fine was imposed even for the murder of a smerd or a serf.

The word "truth" at that time meant not only the truth, which is not in doubt, but also a charter, a guide to action. This act abolished such a truly barbaric custom as blood feud. Moreover, for the murder of any person was supposed to be punished. Even for the inflicted insult, a fine in monetary terms was provided.

Arson and horse-stealing were also severely punished. For such a crime, a person found guilty could even be evicted with his family, and all property could be confiscated. Prior to the advent of this normative act, such crimes generally remained unpunished. Therefore, the importance of Russian Truth is hard to overestimate. It was she who contributed to the birth of the present.

History of the origin of the law

The reasons for creating such an act were dictated by time itself. Before the advent of Pravda, a prescribed set of laws did not exist at all. Life in the state was regulated by moral and ethical Christian norms, which were reflected in church literature.

Russian Truth is largely based on Christian common truths, but such a set of rules is more improved and detailed.

Before the arrival of Christianity in Rus', before its baptism, pagan law dominated society. Of course, he was wild and barbaric. But such age-old foundations were hard to eradicate with new church literature alone. After all, pagan law went completely against the new Christian religion.

In addition, in Ancient Rus', the judges were mainly people from other countries who did not perfectly master all the traditions and customs of Kievan Rus and simply could not understand many of the nuances. The main impetus for the emergence of a code of laws was the arrival of Christianity with its high moral values, the main of which was and is the life of a person, regardless of his status and position in.

Brief description and content of Truth

The date of creation of such a law is 1016. Unfortunately, in its original form it has not reached our days. But later lists of the document have been preserved.

The new law completely abolished the previously unspoken tradition of a deadly duel. The solution of disputes by the method of a sharp sword (whoever has the sharper one is right) has become unacceptable for a legal cultural state.

There are three main versions of the law:

1. The short version is the oldest version of the document.
2. Spacious - a more extended and later version.
3. Abbreviated - the latest version, which combined the main provisions and excerpts from the Short and Long.

Important! The text of Russkaya Pravda by Yaroslav the Wise can be read online. All three editions of the documents were reprinted more than once in the academic edition.

Brief Truth

This ancient document consists of 2 parts:

1. Truth of Yaroslav: contains 10 capital normative texts, written by Yaroslav Vladimirovich himself.
2. Truth of the Yaroslavichs: a document supplemented by the sons of the Grand Duke.

The oldest document of this law, which has survived to this day, dates back to 1280. This is the most ancient copy of the code of legislative base of Kievan Rus. For the first time such a book was researched and published by the historian Tatishchev Vasily Nikitich. The text of this document is devoted mainly to blood feuds, murders and responsibility for them, as well as fines, the procedures for their seizure and payment. Separate articles in the code were also devoted to the security measures of private property and the protection of all segments of the population.

The document consists of two parts

Long Truth

This is the second edition of the original. The document also consists of two parts:

1. Charter of Prince Yaroslav the Wise.
2. Charter of Prince Vladimir Monomakh.

These statutes were also included in the Short version of the law. But in this edition they have undergone modifications and various additions. The charter dates back to the 12th century. The document consists of 121 articles. These articles clearly spell out the division of the population into social strata; obligations and benefits of land owners; the rights and obligations of slaves; inheritance right to property, etc.

Schools under Yaroslav the Wise

Abbreviated Truth

This is the latest document, which dates back to the 15th century. The charter is based on the Short and Long Truth. This version of the set was created in the Moscow principality, and was registered in Great Perm. The document includes 50 articles.

This is already a more advanced document, which already contains many subtleties and nuances. So, it already clearly spells out the differences between murders: intentional (massacre "in robbery") and unintentional. The damage done also already varies in degree: heavy and weak. The punishment also depends entirely on the severity of the crime. Punishment meant mainly a system of fines, or the expulsion of the guilty from the family. The concept of "blood feud" was replaced by penalties.

Social status still played a huge role in determining punishment. So, serfs were punished much more severely than those close to the prince.

Useful video: "Russian Truth" by Yaroslav

Penalty system

Since the main measure of punishment was fines, it is worth considering these concepts separately. The content of Russkaya Pravda and its main provisions provided for the payment of imposed fines in various monetary units: kunas, hryvnias, etc.

The following basic concepts of fines were prescribed in the code:

1. Vira is the penalty for killing a free man. The size of the vira completely depended on the social status and position in society of the person who was dealt with. The higher the position a person occupied in ancient Russian society, the greater the fine imposed for his murder.
2. Half-virye is a monetary punishment for severe injuries. The size of such a material penalty also completely depended on the position in society and the status of the victim.
3. Sale is a monetary penalty for light bodily harm, as well as for other unlawful acts. In this matter, the status of the victim played the main role in the same way.

This law also provided for punishment for violation of arable boundaries. In practice, reimbursement was specifically prescribed not only for monetary, but also for in-kind debts: for example, for a loan of grain or honey, it was also supposed to be reimbursed with a natural product, but with a surcharge.

The master retained the right to “beat the smerd”, but only if he was guilty of something. Unjustified beatings were forbidden. If a person was caught at night for some kind of theft, then before dawn he could be “killed like a dog”, but with the onset of dawn it was no longer possible to kill him, but it was supposed to be brought to trial before the prince.

If someone without permission rides someone else's horse, then he is entitled to "three times" - three blows with a stick or whip.

The charter gives ideas about the division into estates. So, the top of society was made up of "princely people" - the prince's combatants. The lower step was occupied by free people who paid tribute to the prince, and the lowest layer was made up of “serfs”, who were in complete submission to their masters, who were responsible for them. The punishment for killing or mutilating a serf was the same as for stealing or damaging someone else's property.

The law clearly spelled out the rules of economic life. From the document, we learn about the monetary system of those times: about metal money and furs, which also served as money. A lot of information can be gleaned about the relations of Kievan Rus with its neighbors, about the pricing of ancient Russian pricing policy, taxes for the construction of bridges, about interest on a money loan, etc.

The Russian Pravda of Yaroslav the Wise really became a new and qualitative step towards building a state of law.

Useful video: Yaroslav the Wise and the heyday of the Kievan state

Conclusion

In the article, we gave an exhaustive answer to the question why Russian Truth is a manifestation of the wisdom of Yaroslav. The document is a high-quality legal collection of laws, on which all subsequent rulers of the country relied.

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 Rus' 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 of 18-19 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 Is it true(20–70s of the 11th century), 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 of Yaroslav the Wise) articles 19–41 are referred to in the text Brief Truth. This part of the code was compiled in the 1170s. 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 Rus', 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 the 20-30s of the 12th century. (a number of researchers connect its occurrence with the Novgorod uprisings of 1207-1208 and therefore attribute its compilation to the 13th century). 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 Kiev from 1093 to 1113, as well as the Charter of 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 Rus' 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 the 15th century. 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 12th century. Among scientists, disputes still continue regarding the dating of various editions. Truth especially this third one.

From the beginning of the 14th century 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. From the beginning of the 15th century 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 16th century Sudebnik Casimir 1468 and finally the all-Russian code of norms of the era of Ivan III - Sudebnik 1497.

Brief Truth 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. Goetz, V.O. 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 Rus' 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) 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

APPLICATION

RUSSIAN 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 hryvnia reward 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) “mine”; but let him say: “Go to the vault (we will find out) where he took 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: “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 offense (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) until 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 (requires) 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 rezan for the fish; total of all money 15 kunas; and bread (give) as much as they 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.

Monuments of Russian law. Issue. Moscow, 1952, pp. 81–85

Origin

The conditional name of the ancient Russian legal collection, which was preserved only in lists (copies) of the XIII-XV centuries and later. It is similar to numerous early European legal collections, for example, Salic Pravda - a collection of legislative acts of the Frankish state. Also known are the Ripuarian and Burgundian truths, compiled in the 5th-6th centuries. n. e., and others. Anglo-Saxon judicial books, as well as Irish, Alemannic, Basar and some other legal collections also belong to Barbarian truths. The name of these collections of laws "Pravda" is debatable. In Latin sources Lex Salica- Salic law. The question of the time of origin of its oldest part in science is debatable. Some historians date it even to the 7th century. However, most modern researchers associate the Most Ancient Truth with the name of the Kyiv prince Yaroslav the Wise. The approximate period of its creation is 1019-1054. The norms of Russian Truth were gradually codified by the Kyiv princes on the basis of oral tribal law, with the inclusion of moments of Scandinavian and Byzantine law, as well as church influence. According to I.V. Petrov, Russian truth "was the final codified result of the evolution of Old Russian law", which went through several stages in its development.

The main editions of Russian Truth

"Reading to the people of Russian Truth in the presence of Grand Duke Yaroslav" (Painting by Alexei Kivshenko)

The traditionally preserved numerous versions of Russkaya Pravda are divided into 3 main editions, which differ in many respects, and received the names “Short” (6 lists), “Long” (more than 100 lists) and “Abridged” (2 lists), which is an abbreviated version "Spread" edition.

Brief edition consists of the following legal texts:

• "The Truth of Yaroslav", from or g. (v. 1–18);
• "The Truth of the Yaroslavichs" (Izyaslav, Svyatoslav, Vsevolod), from the city (Art. 19–41);
• « Pocon virny" - determining the order of feeding virniks (princely servants, vira collectors), 1020s or 1030s. (Art. 42);
• "Lesson to bridgemen" - regulation of the wages of bridgemen - bridge builders, or, according to some versions, bridge builders - 1020s or 1030s. (Article 43).

"Brief Truth" consisted of 43 articles. Its first part, the most ancient, also spoke about the preservation of the custom of blood feud, about the lack of a sufficiently clear differentiation in the amount of judicial fines depending on the social status of the victim. The second part (Art. 19-43) reflected the further development of landowner relations: blood feud was abolished, the life and property of landowners were protected by increased penalties.

Lists "Spread Truth" are found in the lists of church laws, in the annals, in articles from the Holy Scriptures of a judicial and legislative nature (“The Measure of the Righteous”). "Large Truth" consisted of two parts - the Charter of Prince Yaroslav the Wise and the Charter of Vladimir Monomakh, which were included in the "Brief Pravda" with later changes and additions to the Charter adopted during the reign of Vladimir Monomakh, after the suppression of the uprising in Kiev, the city of "Large Truth" was compiled in the 12th century. She was used by spiritual judges in the analysis of secular cases or litigation. It differed significantly from the "Brief Truth". The number of articles - 121. This code reflected further social differentiation, the privileges of landowners, the dependent position of smerds, purchases, lack of rights of serfs. The Long Truth testified to the process of further development of landowner agriculture, paying much attention to the protection of property rights to land and other property. In connection with the development of commodity-money relations and the need for their legal regulation, "Large Pravda" determined the procedure for concluding a number of contracts, transferring property by inheritance.

"Abbreviated Truth" belongs to a much later period. Historians believe that it took shape in the 15th century. in the Muscovite state after the annexation of the territory of Great Perm. According to Tikhomirov, it was written exactly there, which was reflected in the cash account.

Sources of law

1. Legal customs;
2. Arbitrage practice;
3. Church statutes. (Christian norms)

Criminal law of "Russkaya Pravda"

Russian truth distinguishes an unintentional murder, “in a wedding” or “offensive”, from a murder committed with premeditated intent, “in robbery”; a crime exposing an evil will, from an offense committed out of ignorance; an action that causes physical harm or threatens life, for example, cutting off a finger, a blow with a sword, which was not accompanied by death, although it caused a wound, differs from an action that is less dangerous, but insulting to honor: from a blow with a stick, a pole, a palm, or if a mustache or beard is torn out, and for the last actions punishes fines four times more expensive than for the first; for a blow with a flat sword in a fight, a greater punishment was due than for a blow with an edge: it was more offensive, since it meant that the enemy was not considered equal. At the same time, Russkaya Pravda contains clear traces of the principle of responsibility characteristic of traditional societies - "blood feud". Already in Art. 1 KP says “If a husband kills a husband, then take revenge on a brother’s brother, like a father, or a son, like a brother’s child, or a brother’s sons”

Complicated punishments for the most serious crimes: for robbery, arson and horse theft, the offender was subjected not to a certain monetary penalty in favor of the prince, but to the loss of all property with imprisonment.

Princely penalties and private rewards represent a whole system in Russkaya Pravda; they were calculated in hryvnia kuna. For the murder, a fine was collected in favor of the prince, called vira, and a reward in favor of the relatives of the murdered, called golovnichestvo. Vira was threefold: double 80 hryvnia kunas for the murder of a princely husband or a member of the senior princely squad, simple 40 hryvnias for the murder of a simple free man, half or half virya 20 hryvnias for the murder of a woman and serious injuries, for cutting off an arm, leg, nose, for hurting your eyes. Golovnichestvo was much more diverse, depending on the social significance of the murdered. Thus, the gossip for the murder of the prince's husband was equal to double vir, the gossip for a free peasant was 5 hryvnias. For all other criminal acts, the law punished by sale in favor of the prince and a lesson for insult in favor of the victim.

Estates

By the 9th century, the time of the formation of the Old Russian state, the Eastern Slavs established the ownership of the nobility on the land and formed social groups - aristocratic landowners and peasants dependent on them. The ruling class of feudal lords included Kyiv princes, local (tribal) princes, communal nobility (boyars), the top of service people, and a squad of princes. According to the doctor of historical sciences A. A. Gorsky, in the 9th century. and later in Rus', feudalism of the Western European model as such had not yet developed, but there was a system of advocacy. The ruling class was not the communal nobility, about which we have no information, but the corporation of the squad, headed by the prince. The boyars were representatives and descendants of the "senior" squad, and not the communal nobility.

After the adoption in the X century. Christianity, a significant part of the land was concentrated in the hands of the church, monasteries, and clergy. Another category of feudal lords appears - palace servants, service people who received land for service and for the duration of service.

With the increase in the power of the nobility, the political rights of the specific princes grew. They received immunities from the great princes, were exempted from paying tribute, acquired the right to have a squad, judge the population dependent on them, and collect taxes. At the same time, a right (right-privilege) arose that protected the position of the nobility. Russkaya Pravda determined a number of privileges: increased punishment for the murder of a feudal lord or causing him property damage, broader rights to transfer property by inheritance, including to daughters.

The class of dependent peasants took shape in various ways. The process of bondage led to the fact that there were almost no free peasants. The main group of the peasantry were the smerds, who lived in a community, had their own house, farm, and a piece of land in use. Dependence on the landowner could be greater or lesser, but mainly it manifested itself in the obligation to pay taxes, to serve various duties. The life and property of smerds was protected by law to a much lesser extent compared to landowners. Their property in the absence of sons did not pass by inheritance to married daughters, but became the property of the master. Only unmarried daughters received part of the property. Smerdy were subject to the court of the prince, his assistants, the church (if they lived on its land).

The position of smerds cannot be defined as serfdom. They were not attached to the land or the identity of the landowner, but their dependent state is not in doubt.

Another category of the population consisted of purchases - smerds who fell into a difficult economic situation, borrowed property from their master and guaranteed its return as if by self-mortgage. Zakup worked in the master's household and could not leave him until he repaid the debt (otherwise he was transferred to a full, “whitewashed” serf). But the purchase had some rights and protection of the law.

There were other categories of the population - outcasts, people who left the community, forgiveness - these were those who fell under the so-called "patronage", the patronage of the church, monasteries, secular landowners, and were obliged to work in their household.

Along with the dependent population, the ruling classes also exploited slaves (serfs). Russian Truth also calls them servants. The most ancient sources of servility were captivity and birth from a slave. But Russkaya Pravda also pointed out others: self-sale into slavery, marriage with a slave, entry into the service (tiunas, housekeepers), “without a row” (that is, without any reservations), bankruptcy. A runaway purchase or a person who committed a serious crime could become a serf.

Articles of Russkaya Pravda testified to the position of serfs. For the murder of a serf, his master was paid a compensation of only 5 hryvnia, for a slave - 6 hryvnia. For a stolen serf, the gentleman received 12 hryvnias. The serf was most often considered as an object of law, the owner was responsible for it.

With the development of crafts and trade, cities arose, the size of the urban population increased, from which the rich elite stood out - the “best” people. The urban population was freer than the peasantry. The life and property of the townspeople were protected by the norms relating to full-fledged free people. Russkaya Pravda respectfully calls “gridins”, “merchants”, artisans, usurers.

Property relations, Obligation law

In Russian Pravda, there are concepts: the return of property for storage (luggage), a simple loan, a disinterested loan, a loan of friendship, the return of money for growth from a certain agreed percentage, short-term and long-term interest-bearing loans, trade commission, contribution to a trading company enterprise. In Pravda, there is a certain procedure for collecting debts from an insolvent debtor during the liquidation of his affairs, that is, the procedure for a trading competition with a distinction between malicious and unfortunate insolvency. There are several types of credit turnover.

procedural law

Old Russian law did not yet know a clear distinction between criminal and civil proceedings, although, of course, some procedural actions could only be applied in criminal cases. In any case, both in criminal and civil cases, an adversarial (accusatory) process was used, in which the parties are equal and are themselves the engine of all legal proceedings. Even both parties in the process were called plaintiffs.

Stages of the process according to Russian truth

• "Cry" meant an announcement of a committed crime (for example, the loss of property). The call was made in a crowded place, "at the auction", it was announced the loss of a thing that had individual characteristics that could be identified. If the loss was discovered after 3 days from the moment of the call, the one who had it was considered the defendant (Article 32, 34 of the PP).
• "Vault"(Art. 35-39 PP) resembled a confrontation. The code was carried out either before the call, or within a period of three days after the call. The person from whom the missing thing was found had to indicate from whom this thing was purchased. The vault continued until it reached a person who was unable to explain where he acquired this thing. Such was recognized as tatem. If the vault went beyond the boundaries of the settlement where the thing was lost, it continued to the third person. The latter was obliged to pay the cost of the thing to the owner and the right to continue the code himself.
• chasing the trail- this is the search for the criminal in his footsteps. The law provides for special forms and procedures for conducting this procedural action. If the trail led to the house of a specific person, it is believed that he is the criminal (Article 77 of the Trinity List). If the trail led to the village, the verv (community) is responsible. If the trail is lost on the main road, then the search stops.

Forensic Evidence

In the Old Russian state, a whole system of formal proofs also appears:

• Oath. A special type of evidence was an oath - a "company" (Article 22 of the Russian Pravda of the Long Edition of the Trinity List). It was applied when there was no other evidence, but, of course, in small cases. A company could confirm the presence of some event or, conversely, its absence. In some cases, external signs and material evidence had evidentiary value. So, the presence of bruises and bruises was enough to prove the beating.;
• own recognition;
• Witness's testimonies. Old Russian law distinguished two categories of witnesses - vidokov And rumors(Articles 18,21,29 of the Russian Pravda of the Long edition according to the Trinity List). Vidocqs are witnesses, in the modern sense of the word, eyewitnesses of a fact. Rumors are a more complex category. These are people who heard about what happened from someone who has second-hand information. Sometimes rumors were also understood as witnesses of the good glory of the parties. They had to show that the defendant or the plaintiff were trustworthy people. Without even knowing anything about the disputed fact, they simply, as it were, gave a characterization to one or another side in the process.
• Ordeals - an iron test was used when there was not enough other evidence, and in more serious cases than a water test (articles 17.22 of the Russian Pravda of the Long Edition of the Trinity List). Russkaya Pravda, which devotes three articles to these ordeals, does not disclose the technique for carrying them out. Later sources report that the water test was carried out by lowering a bound person into the water, and if he drowned, he was considered to have won the case.

Punishment according to Russian truth

• Vira (a fine in favor of the relatives of the murdered. And if there were none, then the vira was given to the prince.). Vira could be single (for the murder of a simple free person) or double (80 hryvnia, for the murder of a privileged person - Clause 19, 22 CP, article 3 of the PP). There was a special kind of vira - "wild" or "common" vira. It was imposed on the entire community. For the application of this punishment, it is necessary that the murder committed be simple, non-robbery; the community either does not extradite its suspected member of the murder, or cannot “distract the trace”, suspicions; the community only pays for its member if he has previously participated in vir payments for his neighbors. The institute of "wild" vira performed a police function, binding all members of the community with mutual responsibility.
• Golovnichestvo (monetary recovery in favor of the relatives of the murdered).
• Stream and plunder (the highest penalty: for murder in robbery (Art. 7 of the PP), arson (Art. 83 of the PP) and horse theft (Art. 35 of the PP). The punishment included the confiscation of property and the extradition of the offender (together with his family) “head” i.e. slavery.
• Lesson (tribute) (monetary compensation for the damage caused to the victim).
• Sale (fine in favor of the prince for other crimes).

see also

Literature

Transcriptions into modern Russian

• A lengthy edition of the Trinity List of the second half of the 15th century
• Russian Truth - Collection of various editions of Russian Truth and materials related to it

Research

Notes