Legal encyclopedia. The letter C

TITLE XV - XVII centuries.

S. 1497. "The Grand Duchess S." - a typical feudal codified law, issued during the reign of the Moscow Grand Duke Ivan III.

His project was prepared by the deacon Vladimir Gusev.

Prerequisites for the adoption of S. were:

1) the spread of the Grand Duke's power over

The entire territory of a centralized state;

2) destruction of legal sovereignties

Individual lands, lands and regions;

3) the existence of a central administration and court

In the absence of formal fixation.

Sources S. were: the charter of local government; Pskov Court Charter; Customs, isolated cases, judicial practice; "Russian Truth".

Features of S. 1497:

1) veche legislation is equivalent to acts

"The grassroots state;

2) the text of the judicial document is a supplemented

Pskov Judicial Charter;

3) C. poorer than the Pskov Judicial Charter on language, on the legal concept and art of the editorial board.

The system of the Grand Duchess S. consisted of three parts.

The first part (1-36 articles) - about the court central;

The second part (37-44 articles) - on the court of the provincial (governor);

The third part (45-55 and 67-68 of the article) is the material right.

The court was an adversarial process with pronounced features of the inquisition. Appear as a means of proving torture, and the principle of written record of the record of the court session appeared.

The court was conducted with the participation of "best people" who were members of the court together with the Grand Duke. The process and the procedural actions are paid for, at the expense of the plaintiff.

There was a higher court instance - the Boyar Duma and the Grand Duke.

The substantive law of S. concerned real rights, hereditary rights, treaties, the transition of peasants, servility. S. allowed the application of customary law.

Civil law according to S. 1497 establishes the procedure for the transition of peasants to St. George's Day and a week before and after that day, the transition is possible after paying the elderly.

According to S. 1497, urban key management appears - a new source of serfdom. S. duplicates the contractual law of the Pskov ship's charter, but extends the application of the contract of personal hiring, and the sale and purchase must now be carried out only with witnesses.
Criminal law: the crime began to be understood as a "dashing deal" (these are grave crimes attributed to the Grand Duke's jurisdiction).

In 1497, he expanded the number of crimes with new compositions:

1. Sedition (a state crime);
2. Podym (anti-government agitation);

1. Arson for the purpose of causing great damage (terrorist act);
2. Head tatba (theft of serfs, theft of people in general or theft, which led to the murder).

The new S. - "king's judicial" - was adopted during the reign of Ivan IV the Terrible (in 1550) and published with the participation of his brothers and boyars. It came into force only in 1551 after approval at the Stoglav Cathedral.

The prerequisites for the emergence of the judicator were the reforms of Ivan IV the Terrible and the irrelevance of S. 1497, the need for its concretization.

The sources of S. 1550 were:

1. 1497 with additions;
2. Other early legislative acts of Rus;
3. Customs, judicial practice;
4. Reading and writing;

5) the lost S. Prince Vasily III

Ivanovich, the father of Ivan IV the Terrible.

Structurally, S. 1550 consists of articles and chapters (about 100), there are no headings in it, and contain the rules regulating the introduction of additions in S.

Innovations of S. 1550 (in comparison with S. 1497):

1) it is forbidden to issue tarhany

(Exempt from payment of taxes);

2) the principle "the law does not exist

Reverse force ";

1. Establishes the procedure for making additions to the C;
2. Strict criminal penalties are imposed for the judge for abuse of power, unfair sentences and for denial of justice;

5) the activity

Elective headmen and tselovalnikov in court, governors, "court husband" in the proceedings;

1. The features of the search process are strengthened;
2. There is a class principle of punishment;
3. The circle of subjects of crime includes slaves;

9) forms of guilt are more clearly defined.

The forms of punishment in S. 1550 remained

Former, as in S. 1497: the death penalty, the commercial penalty (beating sticks in the trading area), still apply a fine, as well as imprisonment (new).

New ones with the crimes left in S. 1550 were forgery of judicial acts, fraud, etc.

Analogous to S. 1497:

1. Sedition (a state crime);
2. Podym (anti-government agitation);

1. Arson for the purpose of causing great damage (terrorist act);
2. Head tatba (theft of serfs, theft of people in general or theft, which led to the murder).

Civil-law institutes in the S. 1550:

1. The right to redeem the patrimony;
2. A new order of treatment in servitude;
3. property rights;
4. contract law;
5. Law of obligations, etc. Judicial proceedings became complete

Formalized: a record of the court session is drawn up, cases are initiated on the basis of the plaintiff's statement of claim or an application for the commission of a crime, procedural actions are committed at the expense of the plaintiff, he contributes monetary funds to the court.