Yasa of Genghis Khan. - History of domestic state and law

Yasa of Genghis Khan.

The main law for the empire of Genghis Khan served as a yasa (code), ie. the recording of various orders, which at various times were spoken verbally by the great khan. Yasa has not survived to the present day.

Yasa included the norms of international law, state and administrative law (supreme authority, serfdom, tarkhan immunities, military regulations, charter, taxation statute, etc.), criminal law, commercial law and procedural law.

The main goal of international law according to Yasa is the establishment of the universal world. This goal could be achieved in two ways: either through international negotiations, or by war.

One of the main provisions of the international law of the Yasa was a definite form of declaring war with a guarantee of security for the population of a hostile country in case of voluntary submission. Another important beginning in international law, the Mongols considered the inviolability of the ambassadors. Most of the campaigns Genghis Khan committed, revenge for the murder of his ambassadors (march to Turkestan in 1219, hike in the Polovtsian steppes in 1223).

From the point of view of Mongolian law, only the Mongolian people could participate in the election of a new khan, because in addition to the Mongols, no one in the empire had full legal capacity. Every new Khan by birth must belong to the house of Chinggis. Only the most capable of the descendants of Genghis Khan could be elected. The election of the new khan was approved at the kurultai, in which all members of the ruling khanate, senior dignitaries, troops, tribal and clan elders could take part.

Kurultai could gather not only about the election of the new khan, but also on various issues during the reign of the individual khans. In this case, the kurultai were meetings of army officers and clan elders to take note of and implement the decisions of the khan in various cases.

The empire of Genghis Khan was based on the general duty of the population to serve the state. Everyone had his own specific place in the army or in the field, and he could not leave this place. All were equal in carrying out service burdens. Strict discipline was established in all branches of the service, each required an equal strain, and was not allowed to impose excessive burdens on anyone.

Equality in work required equality in food. Yasa forbade anyone to eat in the presence of another, without sharing food with him. In a common meal, no one should eat more than the other.

Some groups of the population could be exempt from taxation. Such exemptions were sometimes made for religious reasons, sometimes for reasons of special value to the state (doctors, artisans), because they expected a special service from them that could not be agreed with the general statute. This rule was manifested, for example, in the fact that the United States Church received khan's labels, according to which the United States clergy were exempted from military service and other taxes.

Military administration was the basis of the Mongolian government in general. The military charter was the main one of the sections of the Yasa and its main provisions were as follows:

- Military training: exercises in battle with sabers, spears and archery;

- the organization of the army: its strict uniformity; the army consisted of dozens, hundreds, thousands, and tugs; the chief of each unit was responsible for his subordinates;

- mobilization: the soldiers must be in full gear, with a set of weapons and working tools; for every omission, a penalty is imposed; if a man shirks guilt, he is replaced by his wife or another woman from his yurt; before the campaign begins, the khan personally inspects the army and punishes the chiefs, in whose detachment a disorder is found;

- strict maintenance of discipline; each commander must obey unquestioningly the order of the khan, whether it be an order for the death penalty of himself;

- an equitable distribution of work between people;

- a categorical prohibition to arbitrarily switch from one military unit to another.

Genghis Khan considered hunting as the best school of military training. The great winter raid took a serious place in the Mongolian public life. This region was one of the important factors in the economic, social and state life of the Mongols.

A large round-up required the participation of entire corps of the Mongolian army to encircle and drive out herds of wild animals - predatory animals, wild donkeys, antelopes, etc. The field played in the training of the army about the same role as the big maneuvers at the present time.

Yasa contained detailed instructions regarding the coverage and the corral of the game. The warriors were located on a wide space with a military system - a large regiment, a right and a left hand - and all these parts had to gradually approach each other, driving the animals to a predetermined place so that eventually the game found itself in a close ring.

The whole raid sometimes stretched for two or three months. Each negligence or violation of orders from the commanders and rank-and-file officers was severely punished. Once the game was driven into the inner ring, the khan had the right of primacy in shooting; then dignitaries and commanders appeared, and, finally, rank-and-file soldiers. The game that was caught in the field was not destroyed completely: the part was released to freedom.

One of the most important management tasks was the installation of post stations - pits - along all the imperial paths. The arrangement of the pits was distributed among the population of the country. Each pit had to be supplied with horses, fodder, food and drink for the travelers. The use of the Yamskaya service was free for ambassadors and khan's messengers, but excessive claims on their part should not have been taken into account.

On a number of issues of narrow importance, special decrees were issued, some of them were included in Yasu. In the fragments of Yasa that survived to us, three types of such decrees are mentioned:

- a decree ordering everyone to return a runaway slave to the rightful owner on pain of death;

decrees prescribing compliance with slaughter rules in accordance with Mongolian customs;

- decrees prescribing compliance with the rules for entering into water and washing clothes in water or, in some cases, prohibiting these actions. (The prohibition to enter the water and wash clothes in water initially had power only during a thunderstorm.)

Owing to the prevalence of subsistence economy, the tasks of financial management in the original Mongolian state could not be particularly complicated. Chiefs and soldiers had to take care of horses, forage and food for the troops themselves. During the campaign, the contentment of the Mongolian army was military extraction.

As the Mongol Empire expanded, the maintenance of the khan's court and administrative institutions required the establishment of a more permanent taxation system. In all likelihood, Yasa contained a fairly well-developed Provisional Charter.

There were two kinds of taxes - in kind and in money. The labor service of the population was also to be taken into account. An important source of income was military extraction, especially during the first expansion of the empire. Three separate tax departments were created: for China - in Yanjiae; for Central Asia - in the Amu Darya region; for Semirechye, Kashgariya and adjacent territories - in Beshbalyk. The entire population was rewritten. The main taxable unit was the household - the house. The nomadic population of the empire paid a single tax - koi chur - at a rate of one percent of the livestock per year. In addition, there was a military tax (Tagar) and an emergency tax (avais). The sedentary population paid land tax - haraj.

The main task of the criminal law of Yasa is to ensure peace and order in society and the state. Yasa enjoined, "first, to love one another; secondly, not to commit adultery, not to steal, not to perjure, not to be a traitor; to esteem the elders and beggars, and if there is someone between them who violates these commandments, they shall be put to death. " Yasa considered the following kinds of misdemeanors as a crime punishable: a) against religion, morality and established customs; b) against the khan and the state; c) against the life and interests of individuals. Crimes against religion, morality and established customs, according to Yasa, were recognized as oppression of any of the existing churches or clergy; intentional lie (perjury); an offense of a ritual nature: the desecration of water and ash; slaughter of cattle in violation of the established Mongolian custom; adultery; sodomy.

The crimes against the khan and the state were the violation of the decree prohibiting the use of a free Mongol as servitude servant, as well as the abuse of power by military and civil commanders, especially by regional governors, violation of military discipline, violation of Yasa.

Only one of the surviving fragments of the Yasa is dedicated to the murder: it refers to the murder in relation to special categories of persons - Muslims and Chinese. All other cases of violation of the interests of private persons relate to crimes against property. The main of them are the following: the withdrawal or acceptance of someone else's slave or captive, horse stealing and the removal of livestock, malicious bankruptcy.

The main goal of punishment in the concept of Yasa is the physical destruction of criminals, as a result of which the death penalty plays such a large role in the criminal law of Yasa.

As additional purposes of punishment, Yasa recognized the temporary removal of the offender from society by imprisonment, exile or demotion and intimidation of the offender by corporal punishment or fine (penalty).

It should be borne in mind that not only the perpetrator was personally responsible for the act committed, but in certain cases also the members of his family (wife and children).

The death penalty was relied on for most crimes: for insulting religion, morality or established customs; for most crimes of state; for some crimes against property; for the third bankruptcy; for horse-stealing, in case the guilty person is not able to pay the penalty interest.

For violation of the Yasa to the people of the khan's blood, punishment was imposed by imprisonment and exile.

Each warlord was subject to punishment by demotion for omissions in his part.

The corporal punishment was subject to warriors and hunters for minor violations of the military or hunting statute.

The fine was imposed for the murder. It was supposed to pay 40 gold coins for the murder of a Muslim. For the murder of a Chinese, the criminal paid the price of the donkey.

Fine and damages were also imposed for horse stealing. An unsuccessful criminal was subjected to death.

Information about private law in Yasa is very scarce. This is probably due to the fact that private law issues were mainly governed by customary law, and therefore Yasa only touched them in part.

According to the law on marriage, a man should buy himself a wife, no one should marry a girl with whom he is related first or second degree, but in all other degrees marriage is allowed. Polygamy was allowed; it was allowed to use slaves as concubines. After the death of his father, the son had the right to dispose of the fate of a hundred wives, with the exception of his mother, could marry them or extradite them for another.

The wife was responsible for keeping the house in order. Children born of slaves were considered as legitimate as those born of wives; but the children of wives, and especially the children of their first wife, enjoyed the special respect of their father.

In matters of inheritance law, Yasa seems to have confirmed the rules of customary law. After the death of the head of the family, the property was divided among the sons so that the share of the eldest son was greater than the others. Yurt (house) went to his youngest son.

The seniority of sons was established in accordance with the rank of mothers in the father's family. Children born from concubines (slaves) were considered legitimate and received a share in the inheritance at the behest of the father. In reference to the order of the father, one can already see the beginning of inheritance under the will, which is put forward to the place of a simple distribution of property according to the norms of customary law.

Khan should not have interfered with hereditary relations even if the deceased had no relatives.

One should think that the organization of the court and legal proceedings was left by Genghis Khan at the discretion of clan elders, religious communities, trade and city brotherhoods (where such existed) and regional governors.

The people of the khan's blood were subject to the supreme court of the khan's family, made up of tribal elders. If a man of khan's blood violated Yasu for the third time, he was subject to exile in remote places. If he did not even repent after that, he was imprisoned and held there until he repents. If he remained invincible, the assembly of the whole family had to decide what to do with it.

With regard to general legal proceedings, only one fragment of the Yasa remained, according to which three witnesses were required for the strength of verbal approval. If there were written documents, the rules were probably different.

According to Genghis Khan's thought, the code of laws he approved was to be fixed forever. Any change Yasa, in his opinion, could only lead to the death of the state. The guardian of Yasa Chingizkhan appointed his eldest son Jagatai. Subsequently it was Jagatai, according to the will of his father, formally elevated his brother Ogedei to the throne.

Each new khan, whether he ruled the whole empire or only his ulus, was to begin his reign with Yasa's confirmation. The descendants of Genghis Khan were to meet annually with the highest dignitaries of each ulus in order to make sure that no Khan or prince of Chingis blood had broken Yasa during this time. The perpetrator of her violation had to be deposed. Whoever breaks I'm su, will lose my head. " - this was the decree of the first Khan of the Golden Horde.

The presence of Yasa as a firm code of laws did not exclude, however, the possibility of lawmaking successors Genghis Khan. However, this legislation had only an auxiliary significance for satisfying the local needs of each region on the unshakable basis of the Yasa. In this order the khans of the Golden Horde issued a rather large number of decrees and orders, some of which were known under the name of labels, which directly referred to the Great Yasa as the main source of the legal capacity of the khans.

After the collapse of the Mongol Empire, the Great Yasa was long recognized as a higher arch in all uluses and regions once part of the empire, despite the presence of local jas (pilots) ulus value.

United States lands experienced a period of feudal fragmentation, when they were subjected to the Mongol conquest. After the fall of the Ryazan and Suzdal principalities, the seizure of Moscow and Southern Rus, the Mongol-Tatars moved to Galicia Russia and reached Poland. And although the resistance was universal, it turned out to be unsuccessful: Russia for many years fall under the Mongol-Tatar yoke.

The Mongol conquest radically changed the social structure of Ancient Rus. The princes were converted to the subjects of the governors of the great Khan of the Golden Horde. According to the Mongolian state law, all the conquered land was recognized as the property of the khan, and princes, governors of the khan, were only owners of land and taxable people within the will of the khan. So the Mongols looked at the United States lands, subject to the free order of the conqueror.

The Mongols collected tribute from the population living on the conquered lands, for which the Tatar numerals (scribes) copied in 1259 the population of the Kiev, Suzdal, Ryazan, Murom, Novgorod lands. Since that time, ancient acts call such people "numeric", i.e. rewritten. All the peasants included in the number and inventory should pay tribute to the conqueror under the control of the great United States prince and all other United States princes as governors of the khan.

All people who paid tribute (black people, numerical people, city people, guests), and the lands of these people as the property of the conqueror were withdrawn from civil circulation, i.е. not subject to sale, pledge, gift and will.

In the times of the Golden Horde, rural communities were preserved, each of which knew its borders and lived on the basis of a mutual guarantee for the payment of taxes and serving the duties that lie on the community. Usually the community consisted of four to ten villages, between which one served as a center, but the community could also be one large village.

The size of the land plot of each community member ( grow out & quot ;, or lottery ) depended on his condition. In this regard, the black peasants were divided into the best, middle and young. The owner of the land plot could transfer it by inheritance, lease it and even sell it to another person, but not otherwise, with the consent of the whole community and with the condition that the "borrower, heir and bidders" takes on the tax, lying on the acquired land of black earth.

The community had the right to accept new settlers from free people "free of draft and not written" on free tracts of taxed land. The new settler was freed for a time from all taxes and duties lying on the community in order for the new member of the community "to stand up." After settling the grace period, new settlers became full members of the community and lost the right to unauthorized withdrawal from its environment.

The desperate people of the black communities, i.e. who did not own the hereditary land allotments, were called sods, zahrebetnikami, farm laborers, Cossacks, young people. They lived in the courtyards of large people, helped them to process their foals (allotments) as civilian workers and domestic servants.

Black people had to maintain princely officials who came to their official duties, to give them food and carts (pits). Above the tribute, the fodder and the pit, the black people had to pay all sorts of fees for maintenance of fortified cities, for legal transactions.

Autocratic exit from the black community was forbidden. Inter-princely contracts gave the right to transfer only to free people according to the following formula: "boyars, boyar children, servants and Christians between us free will."

In the era of Mongol rule, the number of free people increased, ie, people deprived of their means of subsistence. With the release of their household without land, the princes and boyars extended the category of landless free people, of whom the one who asked and received serfdom or begged someone to help himself, got a farm on a foreign land, becoming a purchase, a spade of his own lender-creditor.

The legal status of citizens who recognized the power of the conqueror over them was determined by their duties in relation to the latter, according to which they were supposed to: 1) pay tribute; 2) build and maintain urban fortifications; 3) keep the prince's squad; 4) maintain the prince's servants, who are appointed last to the subordinate cities for administration and court; 5) pay to the treasury of the prince fees for the commission of legal transactions and acts.

According to the law of Genghis Khan, his descendants were obliged to observe full tolerance in the domains under their control and to respect and protect all religions and clergymen under the rule of the khan. The United States Orthodox Church received a khan's label, which granted the following rights: the unquestioning of faith, worship, the laws of the United States Church, the non-judicature of persons of spiritual rank to a secular court, with the exception of robbery and murder; exemption from taxes, duties and duties in favor of the khans of the entire United States clergy, the closest relatives of clergymen, all church people and all church property. For violating the labels of Tatar princes, grandees, baskaks, ambassadors, all the people of the Tatar kingdom, the khans were threatened with "the wrath of God in heaven and the execution on earth."

The clergy in Russia retained their organization. At the head of the United States church was a metropolitan, subject to the Patriarch of Constantinople. In the spiritual state, the higher and lower, white and black clergy differed. The highest clergy belonged to hierarchs, who stood at the head of the church, the chiefs of ecclesiastical districts (dioceses) and monasteries; to the lowest - the priests and clergymen of the parishes and the lower black clergy, consisting of monks and nuns. The United States metropolitanate was divided into dioceses, the administration of which was in the hands of bishops or archbishops. At the time of the Tatars there were 12 dioceses. The lowest unit of ecclesiastical division was the parish with the priest, deacon, sexton and sexton, who made up the ecclesiastical clergy.

Metropolitan, like all dioceses, belonged to tithe - a tenth of all prince's dues and duties, income from parish churches and from the church court. Parish clergy voluntary contributions of parishioners for the fulfillment of church demands.

After the defeat of the Mongols, United States principalities in the first half of the 13th century. fell into a dependent position from the Golden Horde. Specific United States princes were given khan's labels on their own estates on the rights of possessions. Khan labels gave the right to the title of prince, as well as political and military support from the Horde. Formerly independent princes were turned into subjects, posadniki - servants of their conqueror.

On the territory of Rus, the invaders created a special structure - the Baskak military-political organization, which consisted of dozens, centenarians, thousandaires and temnikov. At the disposal of the Baskakov were military detachments, often formed from the local population. The Baskaks lived in principalities and obeyed the main baskak who was in Vladimir.

In Mongolia and the Horde, United States princes were obliged to supply tribute and recruits for the khan's troops. United States soldiers met at the service of the rulers of China, Egypt and other countries.

The prince's power was limited by the power of the Mongol khan. The prince had only his own armed retinue and to judge his subjects. Khai could grant princes the right to independently collect taxes, some of which remained in the treasury of the prince himself. Thus the princes began to grow rich at the expense of their own people.

Khan was not always guided by United States customs in resolving disputes, often choosing among the aspirants of the one who managed to place him to himself with gifts, flattery, kinship ties.

In 1304, the Horde decided to dispute the great reign between Prince Tymoshenko of Tver and Moscow prince Yuri in favor of the first. After a long struggle between these princes, using all means of influencing Khan Uzbek, Moscow prince Yury Danilovich returned from the Horde as Grand Duke. In this regard, one can not fail to note the flexible diplomacy carried out by the Grand Dukes. Thus, Khan Uzbek (1313-1342 gg.) Betrayed his sister Konchak for the Moscow prince Yuri Danilovich, demonstrating his respect for the vassal, and the next Khan Janibek (1342-1357 gg.) Was in close friendship with one of the prominent figures of Russia of that time Metropolitan of All Russia Alexis, who in 1431 was ranked among the saints.

After the death of Yuri, Moscow's reign was inherited by his brother - Ivan Kalita (1325). Since the time of Kalita, the right and duty to collect and deliver tribute to the Horde was granted only to the Moscow Grand Dukes, which served as the basis for the rise of Moscow over the appanage principalities. Fulfilling the duties of the posadnik and using the rights of the former tax-farmers of the Tatar tribute, the Moscow Grand Dukes were rich and were given the opportunity to acquire villages in their own villages in different counties. There were two forms of volosts, differing in their structure and controls.

1. Black volosts, described by Tatar officials, imposed by the Tatar tribute, enjoying administrative and judicial autonomy under the condition of an efficient payment of the Horde tribute and princely forage and duties.

2. Palace volosts are property of princes, where the latter were hereditary owners on the rights of votchinniki. The administration of the palace volosts was carried out outside of any dependence on the Horde. Here you could meet the highest ranks - butlers, stables, okolnich'e, who were subordinated volost and rural judges and numerous stewards: tiuny, clerks, keymen, stubs, butchers, fishermen, hunters, falconers, bortniki, gardeners, clerks, etc.

The Grand Principality of Moscow was divided into counties that were under the rule of princes. The counties were subdivided into camps or black volosts, where princely builders ruled or volosted. The mills were subdivided into vari & quot ;, which were managed by elected elders or centenarians.

In the Tatar era, princes and volostels included servants of different purposes, corresponding to the nature of their activities: scribes, danytsiki, customs officers, carriers and duty collectors from various kinds of commercial transactions; tiuny, virniki - assistants to princes and volostels in the affairs of the court and to collect judicial fines and duties.

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