The development of law in the late XV - early XVI...

The development of law in the late XV - early XVI century.

Great importance for the creation of a uniform management system was compiled in 1497, the Code of Laws, the sources of which were the United States Pravda, some charter certificates, the Pskov court charter, grants and certificates, issued by the great and specific princes, as well as the highest spiritual feudal lords, acts of local government.

Acts of local government are legislative acts through which the state authorities pursued a policy of control over the activities of the local government apparatus. Among them, special attention should be paid to the Dvinskaya and Belozerskaya statutes.

In the Dvinskaya Charter, an attempt is made to generalize the rules of law operating in the Moscow Principality. Thus, Art. 1 determines the punishment for the most important crimes against the individual. Interesting art. 5, which resembles the decree of the United States Pravda on theft, but is the first to come before us, the United States criminal law on the imposition of the death penalty.

The appearance in the Dvinskaya Charter of the reference to the death penalty through hanging indicates that this legislative act expresses the legal views of the growing feudal state.

In Belozerskaya statutory charter, the legislator focuses on the activities of government bodies. Thus, Art. 2 determined the amount of content received by the rationer, remuneration to officials; Art. 10 contained a number of resolutions on criminal law issues, which referred to tatbe, robbery, and murder; Art. 4, 5 set the amount of fees for calling a plaintiff's court, etc. It is of interest art. 17, which for the first time determined the amount of fees levied at the time of marriage; while the girl's marrying outside the volost was taxed with a higher duty, since loss of labor was perceived here.

Most of the articles of the Code were written again in accordance with the needs of the evolving centralized state system.

Basically, the Code of Law of 1497 contains norms of criminal and criminal procedure. At the same time, it includes a number of civil law norms that regulate obligations from contracts: sales contracts, loans, hiring, inheritance, land disputes.

In connection with the aggravation of class contradictions, the Code of Law of 1497 intensified repressions against violators of feudal law by expanding the range of acts recognized as criminal, centralized the judiciary and established a new form of the process.

The main significance of the Codex of 1497 was that it introduced throughout the state a uniform order of the court and administration. To strengthen the centralized order of great importance was the restriction of the power of governors and volostels.

Criminal law.

The Code of Law of 1497 gave a new notion of crime, increased the number of acts recognized as criminally punishable. Under the offense, according to the Code of Law of 1497, was meant a "dashing affair", i.e. an act that violates the interests of feudal lords and the state.

For the first time in Sudebnik, this kind of political offense is singled out. These included sedition, under which the law implied treason, a conspiracy, a call for rebellion. Article 9 of the Code of Law, when speaking of sedition, identifies such criminals as a booster (a sweeper), a lighter.

Another type of crime committed in Sudebnik is property crimes. These include robbery, kidnapping someone else's property (tatba), extermination or damage to someone else's property. Under robbery in the XV century. understood an open attack, usually a gang (Article 8). The exact concept of robbery and robbery of the Sudebnik of 1497 does not give. Often, robbery meant theft, accompanied by violence and murder.

A serious crime was an attempt on the church property - a church tattoo. The church demanded of the feudal state the death penalty for any encroachment on its property: "... And to the Emperor slaughterer and karomolniku, church tattoo ... the belly does not date, execute it with the death penalty" (Article 9).

Theft of someone else's property is called the Code of Law. According to the Code of Law of 1497, the tatba was divided into simple and qualified. The qualified types included the theft of church, head, repeated, as well as the first theft with a red-handed, committed by the "driven dashing man." A church tattoo is a person who committed a sacrilege - an act that somehow violates the rights and interests of the church, which is the mainstay of the state. In this regard, the church tattva was a qualified theft and was considered one of the most dangerous crimes. Another dangerous crime was the head tatba, under which they understood the theft of slaves, theft, accompanied by murder. Head is a murderer. The list of especially dangerous crimes closes arson (it means arson of the city with the goal of surrendering it to the enemy). All kinds of qualified thefts as the most dangerous crimes were punishable by death. The Sudebnik distinguished theft, confirmed directly by evidence (in the act) and established by the agreement of "good people".

A simple theft is first-time theft; for this crime, a new penalty was foreseen - the commercial penalty.

In Art. 10-11 of the Code of Laws of 1497, the aggravating signs of a criminal act include a relapse, which was expressed in the following: the first tatba was punished by the commercial execution (Article 40), and the death penalty was envisaged for the re-theft (Article 11), as it was in mind that it was committed by a professional.

To extermination or damage to someone else's property, according to Sudebnik in 1497 belonged: arson of a court or property, damage to landmarks, etc. In Art. 62 The Code of Law of 1497 makes a clear distinction between feudal possessions and peasant lands. Violation of the boundaries of the land of the Grand Duke, a spiritual or secular feudal lord was punishable more severely than violation of the boundaries of peasant land and, as a rule, corporal punishment and pecuniary punishment were provided for them.

Another type of crime was crimes against the individual. Murder (murder) could be qualified (killing his master's peasant): "And the state killer .., the belly is not the date, execute it with a mortal treasure" (article 9 of the Code of Law of 1497). The term state killer means in this case not the murderer of the sovereign (Grand Duke), but the murderer of any representative of the ruling class. The introduction of this concept and the establishment of the highest penalty for the perpetrators of this act was due to the increasing instances of action against their lower-class masters and the need to protect the bearers of the ruling class.

A simple murder entailed the obligation to pay a sale. The Code of Law of 1497 introduces the concept of "good" and "dashing people", and if the perpetrator of the murder was "led by a dashing man", he, like the "state murderer", was subject to the death penalty (Article 7, 8 of the Code of Law of 1497).

The Code of Law of 1497, unlike Russkaya Pravda, established a new crime - a crime against the court, for the first time introduced responsibility of officials for violation of the procedure of legal proceedings. Thus, Art. 19 established the procedure for the abolition of an unlawful court decision. The judge guilty of investigating the case "not in court" was obliged to reimburse the parties for the costs incurred by them. Guaranteeing the courts the abolition of an unlawful decision, the law raised the authority of the court and thereby fought for the strengthening of state power. Responsibility for perjury in court was defined by Art. 67: And which the boyar or clerk will sue, and blame anyone on the court, artlessly, or the list will sign and the legal certificate will give, and the plaintiff will have a court with 3 heads, and the taken back, "i. in the first place was the interest of the plaintiff "offended", and the whole severity of the consequences of the illegal decision fell on the judge: he carried all the material losses; paid the plaintiff in full the entire amount of the claim and returned in triple all the legal costs incurred by the plaintiff.

In Art. 33-34 it was forbidden to the representatives of the court - the week-men - to take promises (bribes) for the search of the criminal and for the release of the criminal found.

Punishment according to the Code of Law of 1497 differed in its uncertainty. Widely used was the death penalty, which relied on the coroner (the murderer of his master), the church tattoo and the underman, as well as for repeated theft, slander, forgery of documents. The death penalty was carried out in public and had the purpose of intimidation; often when the execution was present and the king. This cruel punishment was carried out through hanging, cutting off the head, drowning, quartering. Suspects of poisoning were forced to drink poison.

Trading execution, as already noted, was applied for the first tatbu, violation of landmarks and other crimes. Public whipping often ended in death. All punishments testified to the enhanced protection of the property of the feudal lords.

In addition to the commercial execution, whipping and "legalistic" were used. With right The guilty man was beaten with a rod over the calves of his legs for several days. Such punishment was used as a penalty for defective payers, which was called "edit debts". In Art. 8, 10 provided for the application of the sale in combination with trade or death, and sometimes with confiscation of property.

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