Legal encyclopedia. Letter C

COLLEGE STATION.

On July 16, 1648, the tsar and the Duma, together with the council of the clergy, decided to coordinate among themselves and to bring all the sources of the existing law into one code and supplement them with new regulations. The draft code was a commission of the boyars: Prince. Odoyevsky, Prince Sem. Prozorovsky, okolnichogo Prince Volkonsky and deacons Le Havre. Leontief and Fed. Griboyedov. At the same time it was decided to collect for consideration and approval of this project Zemsky Sobor by September 1. Eventually the discussion of the Code was completed in 1649.

The original scroll of the Code, found by order of Catherine II Miller, is currently stored in Moscow.

The code is the first of the Russian laws printed immediately according to his statement. The first time the Code was published April 7 - May 20, 1649, then in the same 1649 (August 26 - December 21). When the third edition was made under Aleksei Mikhailovich, it is still unknown. Since then, the printing of laws is a necessary condition for the publication of laws.

The value of the SS in 1649 is great, since this act is not only a body of laws, but also a reform that gave an extremely conscientious response to the needs and demands of that time.

U.V. 1649 is one of the most important legal acts adopted at the joint meeting of the Boyar Duma, the Sanctified Council and elected from the population. This source of legislation is a scroll of 230 m long, consisting of 25 chapters divided into 959 manuscript columns, printed in the spring of 1649 with a huge circulation of 2400 copies.

Conditionally, all chapters can be combined into 5 groups (or sections) corresponding to the main branches of law: ch. 1-9 contain state law; Chap. 10-15 - the charter of the judiciary and the judiciary; Chap. 16-20-right of the law; Chap. 21-22 - Criminal Code; Chap. 22-25 - additional articles about the streltsy, about the Cossacks, about the pilots.

The sources when drafting the Code were:

1) "Rules of the Holy Apostles" and "Rules of the Holy Fathers";

2) Byzantine legislation (as far as it was known in Rus by helmsman and other church-civilian collections);

3) the old judgments and charters of the former rulers of Russia;

4) Stoglav;

5) the legalization of Tsar Mikhail Fedorovich;

6) boyar sentences;

7) The Lithuanian Statute of 1588

S. U. 1649 for the first time determines the status of the head of state - the autocratic and crowned king. The attachment of peasants to the land, the posad reform, which changed the situation of the "white slobodas", the change in the status of the fiefdom and estates in the new conditions, the regulation of the work of local governments, the entry and exit regime formed the basis for administrative and police reforms.

In addition to the notion of "dashing deed" in the sense of "crime", S.V. 1649 introduces such concepts as "theft" (respectively, the criminal was called "thief"), "guilt". Under the guise of a certain attitude of the offender to the deed.

The following criminal-legal structures were distinguished in the system of crimes:

1) crimes against the church;

2) state crimes;

3) crimes against the order of management;

4) crimes against deanery;

5) official crimes;

6) crimes against the person;

7) property crimes;

8) crimes against morality;

9) War crimes.