Theories of the origin of the ancient Russian state. Basic theories of the origin of the Old Russian state 1 formation of the Old Russian state scientific concepts

The Old Russian state arose in the 9th century. on the territory of the Eastern Slavs around the following political centers: Kuyavia (on the territory of Kiev), Slavia (on the territory of Novgorod), Artania (on the territory of Ryazan).

After the unification of the East Slavic tribes, the center of the Old Russian state became the city of Kiev, ruled by Kiy, Dir and Askold.

Factors contributing to the formation of the Old Russian state:

1) development of crafts, land cultivation techniques, trade relations;

2) strengthening ties between existing state formations of Slavic tribes;

3) foreign trade;

4) complex political relations with Byzantium;

The statehood of the Rus developed under the influence of the Khazar Kaganate. The Khazars were not Christians, but they were religiously tolerant, which contributed to the formation of an independent state.

The Slavs have a sedentary lifestyle. Life is a neighborhood community. The main occupation is agriculture.

Signs of the formation of Kievan Rus as a state:

1) transition from a tribal community to a territorial and neighborhood one;

2) the presence of power of some individuals over others, the formation of an apparatus of power;

3) introduction of taxes to maintain the state mechanism.

Scientists call the main reason for the emergence of the Kyiv state the expulsion of the Normans from Novgorod lands in the middle of the 9th century. There was a need to protect the territory with armed forces, which means there was a need for a state apparatus. Unrest about constant external invasions continued, so a group of residents went to the Varangians (Russians), from among whom a ruler (prince, voivode) was elected in the Russian lands of Rurik. After the death of Rurik he began to rule Prophetic Oleg.On in 882 he went on a campaign and captured Kyiv, as well as other lands on the way “from the Varangians to the Greeks” - a single territory of Rus' was formed. Oleg annexed many more territories to Rus' through the seizure or peaceful annexation of neighboring lands. He also moved the capital to Kyiv, thanks to which Rus' was called Kyiv, and all the princes - the great Kiev.

The Russian state - Kievan Rus - finally took shape.

Theories of the emergence of the state among the Eastern Slavs:

1. Slavic (anti-Norman) - denies the role of the Varangians in the formation of the ancient Russian state and their recognition of reign (Lomonosov, Rybakov)

2. Centrist - the ancient Russian state arose as a result of the internal social development of the Slavs, but with the participation of the Varangians. (Yurganov, Katsva, most modern sources)

3. Norman - the ancient Russian state was created by the Normans (Varangians) with the voluntary consent of the Slavs (Bayer, Schletser, Miller, Karamzin, Soloviev)

Concepts of the origin of the state: class and contractual

2. Kievan Rus as an early feudal monarchy: authorities and administration. Legal status of the population of Kievan Rus.

Signs of the early feudal monarchy:

1) transfer of power in the order of inheritance, first by seniority in the clan, and subsequently - from father to eldest son; 2) lack of legal responsibility of the head of state; 3) unformed institutions of power; 4) unknown powers and status of the council under the ruler; 5) popular meeting (veche) not a permanent representative body

State KR system - early feudal. monarchy. The state is headed by the Grand Duke of Kiev.

The functions of the Grand Duke included: 1) organization and command of the armed forces; 2) collection of tribute; 3) establishing foreign trade; 4) appointment of local government, princely agents; 5) legislative and judicial activities; 6) management of external relations.

He relied on the squad and the council of elders. Local administration is carried out by his governors (in cities) and volosts (in rural areas). The Grand Duke was in suzerain-vassal relations with other princes. A new authority appeared - “snema” - the feudal congress. Issues of war and peace, vassalage were resolved there. Local government was carried out by the prince's trusted people (sons) and relied on military garrisons. There was a decimal control system. Local authorities received resources for subsistence through a feeding system (fees from the local population). Important state and political The veche played a role. More formalized features were acquired: an agenda, candidacies of elected officials, and the “city elders” as the organizational center. Competence: taxation issues, city defense, military organization. campaigns, elections of the prince (in Novgorod). The body of local peasant self-government is the territorial community - verv. Competence: land redistribution, police. supervision, tax and financial issues, litigation. The formation of the princely administration - against the backdrop of the first legal reforms. Tax reform of Princess Olga(X): established “lessons” and “cemeteries”. At the beginning of the 11th century, Vladimir established a “tithe” - a tax in favor of the church. The clergy was divided into “black” (monastic) and “white” (parish). The church received the right to acquire land, the population of the village, and the implementation of special courts. jurisdiction.

Judicial functions in the Old Russian state were carried out by local authorities and administration (princes, posadniks, volostels, representatives of princely power), since judicial bodies as special institutions did not exist. The church also had judicial functions. She could judge the dependent population of her lands in cases of crimes against religion, morality and family.

The form of government of the Old Russian state is a relatively single unitary state. The political regime of Kievan Rus is not defined: there are signs of democracy (people's assembly) and at the same time signs of authoritarianism (the power of the Grand Duke).

Legal status

In the 9th century. A feudal society was established and classes of ruling feudal lords, landowners and dependent populations emerged.

Ruling class: 1) Grand Duke; 2) local princes and community nobility (boyars) are large feudal landowners; 3) service people who ensure the functioning of the state apparatus; 4) squads of princes, subordinate to either the Grand Duke or the appanage prince. Dependent class of population:

Dependent class of population:1) smerdas (peasants) - free peasants who had their own house, farm, plot of land for use, as well as the right to participate in military campaigns as militias. Smerd could transfer his property by inheritance. The dependence of the Smerds was expressed in the obligation to pay tribute and taxes to the princes. The person and property of the smerd were protected by law. Smerd bore property liability for the misdeeds and crimes he committed under obligations and contracts. In the trial, the smerd could act as a full participant;2) procurement- smerdas who borrowed some property from the owner at interest, guaranteeing its return with their self-mortgage. The purchase worked off his debt with the owner and could not leave him until he paid off, otherwise he would be turned into a slave. The law protected the person and property of the purchaser, prohibiting the master from punishing him without reason and taking away his property. For a procurement violation, the owner paid a fine to the victim, but procurement could be turned into servitude. In legal proceedings, procurement could only act in special cases;3) ryadovichi- peasants working for landowners under a contract (series); 4) outcasts - people who left the community and are outside social groups; 5) forgiven - persons who fell under the protection of the church, monasteries or secular feudal lords and are obliged to work for them for this farms; 6) serfs (servants) - persons who fell into slavery as a result of self-sale, birth from a slave, purchase and sale, marriage with a slave (slave), entering the housekeeping profession, committing a crime, as well as captivity. The slave was not protected by law. For his murder, the owner was paid a fine, as for the destruction of property; 7) reportable slaves - princely or boyar servants who were in charge of individual sectors of the economy (keeps, tiuns, firemen, stable hands, elders, arable land). Over time, such slaves could gain freedom; 8) enslaved slaves-servants, who could not be alienated as ordinary property. The relationship between the owner and the indentured servant was based on a personal agreement; the death of one of the parties terminated the obligation.

Intermediate and transitional categories - urban population:

1) boyars; 2) clergy; 3) merchants; 4) “lower classes” (artisans, small traders).

Even today scientists cannot say exactly when the Old Russian state appeared. Different groups of historians talk about many dates, but most of them agree on one thing: the appearance of Ancient Rus' can be dated back to the 9th century. That is why various theories of the origin of the ancient Russian state are widespread, each of which tries to prove its own version of the emergence of the great state.

The emergence of the Old Russian state briefly

As it is written in the world-famous “Tale of Bygone Years,” Rurik and his brothers were called to reign in Novgorod in 862. This date for many became the beginning of the countdown of the statehood of Ancient Rus'. The Varangian princes sat on the thrones in Novgorod (Rurik), Izborsk (Truvor), and Belozero (Sineus). After some time, Rurik managed to unite the represented lands under a single authority.

Oleg, a prince from Novgorod, captured Kyiv in 882 to unite the most important groups of lands, and then annexed the remaining territories. It was from that period that the lands of the Eastern Slavs united into a large state. In other words, the formation of the ancient Russian state dates back to the 9th century, according to most scientists.

The most common theories of the origin of the ancient Russian state

Norman theory

The Norman theory tells that the Varangians, who at one time were called to the throne, were able to organize the state. We are talking about the brothers mentioned above. It is worth noting that this theory originates in The Tale of Bygone Years. Why were the Varangians able to organize a state? The whole point is that the Slavs allegedly quarreled among themselves, unable to come to a common decision. Representatives of the Norman theory say that Russian rulers turned to foreign princes for help. It was in this way that the Varangians established the political system in Rus'.

Anti-Norman theory

The anti-Norman theory states that the state of Ancient Rus' appeared for other, more objective reasons. Many historical sources say that the statehood of the Eastern Slavs took place before the Varangians. At that period of historical development, the Normans were lower than the Slavs in terms of political development. In addition, the state cannot arise in one day thanks to one person, it is the result of a long-term social phenomenon. The autochthonous (in other words, Slavic theory) was developed thanks to its successors - N. Kostomarov, M. Grushevsky. The founder of this theory is the scientist M. Lomonosov.

Other famous theories

In addition to these most common theories, there are several more. Let's look at them in more detail.

THE IRANO-SLAVIC THEORY of the emergence of the state says that there were 2 separate types of Russians in the world - the inhabitants of Rügen (Russians-Obodrits), as well as the Black Sea Russes. Some Ilmen Slovenes invited the Obodrit Russians. The rapprochement of the Russians occurred precisely after the unification of the tribes into one state.

The COMPROMISE theory is in other words called Slavic-Varangian. One of the first adopters of this approach to the formation of the Russian state was the historical figure Klyuchevsky. The historian identified a certain urban area - an early local political form. We are talking about a trading district, which was controlled by a fortified city. He called the Varangian principalities the second local political form. After the unification of the Varangian principalities and the preservation of the independence of the city regions, another political form emerged, called the Grand Duchy of Kyiv.

In addition, there is a theory called Indo-Iranian. This theory is based on the opinion that Ros and Rus are completely different nationalities that arose at different times.

Video: Rurik. History of Russian Goverment

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According to the anti-Norman or Slavic theory, the “Varangians” who came to Rus' were Slavs by nationality and were invited to Novgorod because the male line of the ancient Slavic Novgorod dynasty had died out. They were also representatives of her female line - the grandchildren of the last Novgorod prince Gostomysl from his middle daughter, who married a Slavic prince in the West. They called on their own - the Slavs, and not strangers - the Germans.

The Germans did not play any significant role in the creation of statehood, culture, etc. of Ancient Rus'. Both statehood and culture were their own, created over centuries with their own hands.

Already in the 2nd half of the 9th century, there were two large Slavic states in Eastern Europe - Novgorod and Kiev. These states had their own princes, their own dynasties, their own rather high culture and wide connections in Europe.

Normanists are inclined to believe that all these references to the Varangians concern foreign rulers, conquerors, or, in any case, leaders of Rus', that their disappearance from the Russian horizon is explained by their merger with the Slavic population of the country.

In reality, this is not so: the Varangians existed in Rus' as long as there was a need for mercenary troops. As soon as Mona disappeared, the Varangians stopped hiring and their name fell out of use in Rus'.

The fact is that we have at our disposal a source that, it would seem, to some extent answers our question about the origin of the Old Russian state. This is the oldest chronicle collection “The Tale of Bygone Years”. The chronicle makes it clear that in the 9th century. our ancestors lived in conditions of statelessness, although it does not directly say this. We are only talking about the fact that the southern Slavic tribes paid tribute to the Khazars, and the northern ones to the Varangians, that the latter once drove out the Varangians, but then changed their minds and called the Varangian princes to themselves.

This decision was caused by the fact that the Slavs fought among themselves and decided to turn to foreign princes to establish order. It was then that the famous phrase was uttered: “Our land is great and abundant, but there is no decoration in it. May you reign and reign over us.” The Varangian princes did not agree at first, but the Slavs persuaded them.

Three Varangian princes came to Rus' and in 862 sat on the thrones: Rurik - in Novgorod, Truvor - in Izborsk (not far from Pskov), Sineus - in Beloozero.

Firstly, the factual material presented in the “Tale of Bygone Years” does not provide grounds for the conclusion about the creation of the Russian state by calling on the Varangians. On the contrary, like other sources that have come down to us, it says that statehood among the Eastern Slavs existed even before the Varangians.

Secondly, modern science cannot agree with such a primitive explanation of the complex process of formation of any state. The state cannot be organized by one person or several even the most outstanding men. The state is the product of a complex and long development of the social structure of society.

The anti-Norman theory is also supported by works on the study of the origin of words and borrowings in the Russian language, for example, the origin and meaning of the term “Rus”. Philologists from Europe - Ekblom, Stender-Petersen, Falk, Ekbu, Mägiste, and also historians Pashkevich and Dreyer tried to establish and strengthen the construction according to which “Rus” comes from “ruotsi” - the word with which the Finns call the Swedes and Sweden. “Rus” in the sense of “Russian state” meant the state of the Swedes-Rus.

Pashkevich said that “Rus” are Normans from Eastern Europe. G. Vernadsky opposed these constructions, saying that the term “Rus” is of southern Russian origin, and that “rukhs” are the Alan tribes of the southern steppes of the mid-1st millennium AD. The word “Rus” denoted a strong political association, Rus, that existed long before the appearance of the Varangians, which carried out military campaigns on the Black Sea coast. If you look at the written sources of that time - Byzantine, Arabic, you can see that they consider Rus' one of the local peoples of southeastern Europe. Also, some sources call it, and this is especially important, Slavs.

More than fifty scientists have been studying the problem of Scandinavian borrowings in the Russian language for two centuries. The Normanists wanted to show that many objects and concepts in the Russian language are of Scandinavian origin. Especially for this, the Swedish philologist K. Ternqvist did a great job of searching and sifting out Scandinavian borrowings from the Russian language. The result was completely disappointing. A total of 115 words were found, the vast majority of which are dialects of the 19th century, not used in our time. Only thirty are obvious borrowings, of which only ten can be cited as proof of the Norman theory.

These are words such as “gridin”, “tiun”, “yabetnik”, “Brkovsk”, “pud”. Words such as “narov”, “syaga”, “shgla” are used once in the sources. The conclusion is obvious. With exactly the same success, researcher A. Backlund tried to prove the presence of Scandinavian names on the territory of the Russian state.

Thus, we see that all the arguments of the Normanists can be refuted if we take a comprehensive approach to the study of Russian history.

List of questions for the exam

Saint Petersburg

ST. PETERSBURG LAW ACADEMY

DEPARTMENT OF THEORY AND HISTORY OF STATE AND LAW

I APPROVED

Vice-Rector for Academic and Scientific Affairs of St. Petersburg

legal academy

Professor

E.V. Suslin

"___"___________2011

History of domestic state and law

List of questions for the exam

1. History of the Russian state and law, its subject and periodization.

The history of state and law of Russia studies
political and legal institutions that existed in the process of historical development of the Russian state. The history of the state and law of Russia examines specific political and legal phenomena (primarily factual material) to establish patterns, general progressive trends in the development of the Russian state and law. In this, the history of state and law is inextricably linked with the general history of Russia and with the theory of state and law. The differences are that history studies a wider range of issues of the development of human society in chronological order, and the theory of state and law - the general patterns of development of the state and law of various peoples and socio-economic formations. The history of state and law uses generalizations made by the theory of state and law, and at the same time provides concrete material for such generalizations.

Periodization of the national history of state and law. The period of the Old Russian state (IX-XVI centuries) – the emergence and formation of the Russian state, the period of feudal fragmentation, the period of centralization of Russian principalities.
The period of the estate-representative monarchy (XVI-XVII centuries) – development of the estate-representative monarchical system of government in Russia.
The period of absolutism (XVII century – 1917) – periods of formation, development, crisis and collapse of autocracy.
Soviet period (1917-1991) – the emergence of the Soviet state, the period of the Civil War, the period of the new economic policy, the period of industrialization, the period of the Great Patriotic War, the period of liberalization, the period of crisis of the Soviet system.
Modern period (since 1991) – the period of formation and development of the Russian Federation after the collapse of the USSR.

2. The emergence of statehood among the Eastern Slavs.

The emergence of a state among the Eastern Slavs. Formation of the Old Russian state. Theories of the origin of the Old Russian state

Information about the Proslavs (ancestors of the Slavs) has been mentioned in archaeological sources for two millennia. Over time, they created the ground for the formation of three branches of the Slavs - Western, Southern and Eastern Slavs.
Information about the social and political system of the Eastern Slavs until the 9th century. extremely scarce. Western and eastern sources note already in the IV-VI centuries. the presence of strong leaders among the Eastern Slavs, reminiscent of monarchs. The unity of laws, that is, a certain legal order, is also noted. Sources of the 7th century they talk about the existence of three East Slavic associations: Kuyavia - in the area of ​​the Kyiv land, Slavia - in the area of ​​Lake Ilmen, Artania - either Tmutarakan on the Taman Peninsula, or an area in the Volga basin. The statehood of the Eastern Slavs during the formation of feudalism was very primitive, but it created the foundation for the later emergence of the Old Russian state.
Moment emergence of the Old Russian state cannot be determined with sufficient accuracy; different historians date this event differently, but most authors agree that the emergence of the Old Russian state should be dated back to the 9th century. In German chronicles from 839, Russian princes are mentioned - the Khakans.
According to the Tale of Bygone Years, in 862 Rurik and his brothers were called to reign in Novgorod. From this date, tradition begins the countdown of Russian statehood. The Varangian princes came to Rus' and sat on the thrones: Rurik - in Novgorod, Truvor - in Izborsk (not far from Pskov), Sineus - in Beloozero. After some time, Rurik united the lands of the brothers under his rule.
In 882, the Novgorod prince Oleg captured Kyiv and united the two most important groups of Russian lands; then he managed to annex the rest of the Russian lands. Since that time, the East Slavic lands have been united into a huge state for those times.
Theories of the origin of the Old Russian state.
Norman - the state was organized by the Varangians, called to reign - Rurik, Sineus and Truvor. The basis of the theory is Nestor’s “Tale of Bygone Years,” which mentions the calling of Rurik and his brothers to Novgorod to reign. This decision was allegedly caused by the fact that the Slavs quarreled among themselves and decided to turn to foreign princes to establish order. The Varangians established a state system in Rus'.
Anti-Norman - The Old Russian state was formed under the influence of objective reasons. A number of other sources indicate that statehood among the Eastern Slavs existed even before the Varangians. The Normans at that historical period were at a lower level of economic and political development than the Slavs. In addition, the state cannot be organized by one person or several even the most outstanding men; this is the result of the complex and long development of the social structure of society.

3. Social system of Kievan Rus.

All feudal societies were strictly stratified, i.e. divided into classes, the rights and responsibilities of which were clearly defined by law as unequal in relation to each other and to the state. Each class had its own legal status. Considering feudal society as divided exclusively into exploiters and the exploited is a simplification. A representative of the feudal class, with all his material well-being, was more likely to lose his life than a poor peasant. Monasticism (with the exception of the highest church hierarchs) lived in such asceticism and deprivation that its position could hardly arouse the envy of the simple classes. Slaves and serfs. Without becoming the predominant method of production, slavery in Rus' became widespread only as a society. way of life. Maintaining a slave was too expensive; during the long Russian winter there was nothing to occupy him. Climate conditions unfavorable for the use of slave labor complemented the decline of slavery in neighboring countries: there was no evidence. example for the borrowing and dissemination of this institution in the Slavic lands. Its spread was also hampered by developed community ties and the possibility of obtaining a harvest by the forces of free communities. Slavery in Rus' was patriarchal in nature. The terms “slave”, “servant”, “serf” were used to denote the state of slavery. However, some historians believe that these terms are of different origins: servants and slaves were from fellow tribesmen, slaves were from prisoners of war. In addition to captivity, the source of slavery was birth from a slave. Criminals and bankrupts also fell into slavery. A dependent person (purchase) could become a slave in the event of an unsuccessful escape from his master or theft. There were cases of self-sale into slavery. The legal status of a slave changed over time. Since the 11th century. In Russian law, the principle began to operate according to which a slave is not a subject of legal relations. He was the owner of the master, he did not have his own property. The owner was responsible for criminal crimes committed by a slave and for material damage caused to him. For the murder of a slave, he received compensation of 5-6 hryvnia. Under the influence of Christianity, the plight of the slaves was alleviated. In relation to the 11th century. we can already talk about protecting the personality of the slave for pragmatic reasons. A layer of slaves appeared who were promoted to the administrative service of the master and had the right to command other categories of the dependent population on his behalf. The Church is intensifying persecution for the murder of slaves. Slavery is degenerating into one of the forms of severe personal dependence with the recognition of certain rights for slaves, primarily the right to life and property. Feudal lords. The feudal class was formed gradually. It included princes, boyars, warriors, locals. nobility, mayors, tiuns, etc. The feudal lords carried out civil administration and were responsible for the military organization. They were mutually connected by a system of vassalage, collected tribute and court fines from the population, and were in a privileged position compared to the rest of the population. Rus.Pravda establishes a double penalty of 80 hryvnia for the murder of princely servants, tiuns, grooms, and firemen. But it is silent about the boyars and warriors themselves, from which we can conclude that most likely the death penalty was imposed for an encroachment on their lives. Master class Old Russian society was called "boyars". The most common names found in sources include: best people, deliberate men, princely men, firemen. There were two ways to form the boyar class. Firstly, the boyars became the tribal nobility, which stood out in the process of decomposition of the clan system. These were deliberate men, city elders, zemstvo boyars, speaking on behalf of their tribe. Together with the prince, they participated in military campaigns, enriching themselves from captured trophies. The second category consisted of princely boyars - boyars-ognishchans, princely men. As the power of the Kiev princes strengthened, the zemstvo boyars received from the hands of the prince immunity letters, which assigned to them the lands they had as hereditary property (patrimonies). Subsequently, the layer of zemstvo boyars completely merged with the princely boyars, the differences between them disappeared. Princely boyars , who were part of the second category of boyars, were in the past the prince’s warriors, and during military campaigns they became the core of the Russian army. Constantly staying with the prince, the warriors carried out his various tasks to manage the state, and were advisers to the prince on issues of domestic and foreign policy. For this service to the prince, the warriors were allocated land and became boyars. Clergy . His legal position as a privileged socialist. group took shape with the adoption of Christianity, which became an important factor in strengthening the national state at the initial stage of its development. The Christian religion, which replaced paganism, brought with it the doctrine of the divine origin of the supreme state power, humble to it respect. After adoption of Christianity in 988 The princes began to widely practice distributing land to the highest representatives of the church hierarchy and monasteries. A large number of villages and towns were concentrated in the hands of metropolitans and bishops; they had their own servants, slaves and even troops. The Church received the right to collect tithes for its maintenance. Over time, it was removed from the princely jurisdiction and began to judge her hierarchs herself, as well as administer justice to everyone who lived on her lands. At the head of the church organization was the metropolitan, who was appointed by the patriarch of Constantinople. Under the metropolitan, a council of bishops functioned. The territory of the country was divided into dioceses headed by bishops appointed by the metropolitan. In their dioceses, bishops managed church affairs together with a college of local priests - the choir. City.population . Kiev Russia was a country not only of villages, but also of cities, of which there were up to three hundred. The cities were military strongholds, centers of struggle against foreign invasion, centers of crafts and trade. Here there was an organization similar to the guilds and workshops of Western European cities. The entire city population paid taxes. The Church Charter of Prince Vladimir speaks of the payment of duties on weights and measures; there was also a special citywide tax - pogorodie. Ancient Russian cities did not have their own bodies of self-government, they were under the prince. jurisdiction. Therefore, the city ("Magdeburg law") did not arise in Russia. Free city residents enjoyed the legal protection of Russian Pravda, they were covered by all its articles on the protection of honor, dignity and life. A special role in the life of cities was played by the merchants, who early began to unite into corporations (guilds), called hundreds. Usually the “merchant hundred” acted at some church. "Ivanovo Sto" in Novgorod was one of the first merchant organizations in Europe. Peasantry . The bulk of the population consisted of stinks. Some researchers believe that all villagers were called smerds. Others believe that smerds are only part of the peasantry, already enslaved by the feudal lords. Rus.Pravda nowhere specifically indicates a limitation on the legal capacity of smerds; there are indications that they pay fines typical for free citizens. But in the testimonies about the smerds, their unequal position slips through: their constant dependence on the princes, who “favor” the villages with the smerds. The smerds lived in rope communities . The community in the Old Russian state was no longer consanguineous, but had a territorial, neighboring character. The principle of mutual responsibility and mutual assistance operated in it. The responsibilities of the peasant population in relation to the state were expressed in the payment of taxes (in the form tribute) and quitrents, participation in armed defense in the event of military action. The basis for the formation of categories of dependent peasantry was “purchase” - an agreement with the master, secured by the personality of the debtor himself. Purchase - an impoverished or ruined peasant who fell into dependent position; he took inventory, a horse, and other property from the master and earned interest on the debt. The purchase retained frequent legal rights: he could act as a witness in certain types of litigation, his life was protected by a 40-hryvnia security (like the life of a free person ). He had the right to leave his owner to earn money, he could not be beaten without “guilt”, the law protected his property. However, for escaping from the master, the purchaser turned into a slave. Under Prince Vladimir Monomakh, the procurement situation was eased (limiting interest on the amount of debt, suppressing the unreasonable sale of purchases to slaves, etc.).

4. The state system of Kievan Rus.

State construction Kyiv. Rus' was not a centralized state. Like other states during the formation of the feud. relations, the Ancient-non-Russian state was “patchwork”, it was inhabited by different tribes - Polyans, Drevlyans, Krivichi, Dregovichi, etc. Places. the princes were obliged to participate with their army in the campaigns of the Kiev princes, were present at feudal congresses, some of them were members of the princely council. But as feudal relations develop and the process of feudalization deepens, the ties between the local princes and the Grand Dukes of Kiev weaken more and more, and preconditions for feudal lordship arise. fragmentation. The state unity of Kiev.Rus was based on a system of suzerainty-vassalage. The entire structure of the state rested on the ladder of the feudal lord. hierarchy. The vassal depended on his lord, who depended on a larger lord or supreme overlord. Vassals should help their lord (participate in his military expeditions and pay him tribute). In turn, the lord was obliged to provide the vassal with land and protect him from the encroachments of neighbors and other oppression. Within his domain, the vassal had immunity. This meant that in his internal. No one, including the overlord, could interfere in the matter. The vassals of the great prince were the local princes, who had such immunity. rights, such as the right to collect tribute and administer justice with the receipt of appropriate income. At the head of the Old Russian state was Grand Duke. The supreme legislative power belonged to him. There are known major laws issued by the leaders. princes and bearing their names: the Charter of Vladimir, the Truth of Yaroslav, etc. The Grand Duke of Kiev concentrated executive power in his hands, being the head of the administration. He headed the entire military organization of the ancient Russian state, and personally led the army into battle. (Prince Vladimir Monomakh recalled at the end of his life about his 83 great campaigns). The external functions of the state were performed by the great princes not only by force of arms, but also by diplomacy. By. Ancient Russia stood on Europe. level of diplomatic art. She concluded various international agreements of a military and trade nature in oral or written form. Diplomatic negotiations were conducted by the princes themselves; they sometimes headed embassies sent to other countries. The princes also performed judicial functions The figure of the prince arose as a result of the evolution of power that belonged to the tribal leader, but the princes of the period of military democracy were elected. Having become the head of the state, the grand prince passes on his power by inheritance , along a straight descending line, i.e. from father to son. Usually the princes were men, but there is a known exception - Princess Olga. Although the great princes were monarchs, they still could not do without listening to the opinions of those close to them. This is how a council under the prince was formed, not legally formalized in any way, but which had a serious influence on the monarch. The council included those close to the Grand Duke, the top of his squad - princely men. Sometimes in the ancient Russian state feudal congresses were convened, in which large feudal lords took part. The congresses resolved inter-princely disputes and some other issues. In the literature, it was suggested that at one of these congresses the Yaroslavich Pravda, an important part of the Russian Pravda, was adopted. Existed in the Ancient Russian state and veche, which grew out of the ancients. people's meetings. His activity was especially high in Novgorod. Initially, in Kievan Rus, a decimal, or numerical, system of control was used, which grew out of a military organization, in which the heads of military units - ten, sotsky, thousand - were the leaders of more or less large units of the state. So, thousand retained the functions of a military commander, and Sotsky became a city. judicial-administrative official. Over time, the decimal system gives way to the palace-patrimonial system, which grows out of the idea of ​​​​combining the management of the Grand Duke's palace with state administration. In the household of the Grand Duke there were various kinds of servants who were in charge of its individual branches (butlers, stable boys, etc. .). Over time, the princes began to entrust them with conducting certain affairs on a statewide scale, endowing them with the appropriate powers. The local government system was simple. In addition to the local princes, who sat in their fiefs, representatives of the central government - governors and volosts - were sent to the localities. They did not receive a salary from the treasury for their service, but “fed” at the expense of the local population, from whom they collected, not forgetting themselves, tribute in favor of the prince. This is how a feeding system developed in Rus', which far outlived the Old Russian state (in the Moscow state it was abolished only in the middle of the 16th century). The basis of the military organization of Kiev.Rus The Grand Duke's squad was relatively small in number. These were professional warriors who depended on the mercy of the prince. But he himself depended on them. The friends were not only warriors, but also advisers to the prince. The senior squad represented the top of the feudal class and largely determined the prince’s policy, internal and external. The vassals of the great prince, appearing at his call in Kiev, brought with them squads, as well as a militia consisting of their servants and peasants. Each a man should own a weapon. Boyars and princes' sons were already mounted on horses at the age of three, and at the age of 12 their fathers took them on campaigns. Feeling the need to build up military strength, the princes of Kiev often resorted to the services of mercenaries - first the Varangians, then the steppe nomads (Karakalpaks, etc.) There were no special courts in Ancient Russia. organs. Court. functions were performed by representatives of the administration, including its head, leader. prince However, there is a special position persons assisting in the administration of justice. Among them we can name, for example, the Virniks, who collected criminal fines for murder. The Virniks, when they were on duty, were accompanied by a whole retinue of minor officials. Judicial functions were also performed by the church and individual feudal lords, who had the right to judge people dependent on them. The judicial powers of the feudal lord formed an integral part of his immunity. rights. Managing the state, waging wars, satisfying the personal needs of the Grand Duke and his entourage required considerable funds. In addition to income from their own lands, the princes established tax system, tribute. At first these were voluntary donations from members of the tribe to their prince and his squad, but then they became a mandatory tax. Payment of tribute became a sign of submission. Tribute was collected by polyudya, when the princes, usually once a year, traveled around the lands under their control and collected income from their subjects. The sad fate of Grand Duke Igor, who was killed by the Drev-Lans for excessive extortions, was known, which forced his widow Princess Olga to streamline taxation. She established the so-called graveyards - special tribute collection points. The population paid taxes in furs, which were a kind of monetary unit. Their value was as payment. the funds did not disappear even when they were saving the princes. sign, lost its presentation. It was also used by foreigners. a currency that was melted down into Russian hryvnia. An important element of the political system of ancient Russian society was the church, which from the moment of the baptism of Russia turned out to be closely connected with the state. At first, Prince Vladimir Svyatoslavich tried to use pagan cult in state interests, having established a hierarchy of pagan gods headed by Perun - the god of thunder and war, but then reoriented himself to the Christian religion and baptized Russia. According to legend, he thought for a long time before making a choice in favor of Orthodoxy. The baptism of Russia took place largely by force , especially in Sever.Rus. lands where the population did not want to renounce the faith of their fathers and grandfathers. One way or another, as soon as Rus' adopted Christianity, the church organization began to grow, and soon the church declared itself not only as a major feudal lord, but also as a force that contributed to the strengthening of the fatherland state. Led by an Orthodox Christian. Church stood the Metropolitan of Kiev, appointed at that time from Byzantium, the center of Orthodoxy. Then the princes of Kiev began to appoint him. In some Russian lands, the church organization was headed by bishops.

SHORT ANSWER State system characterizes a state in a certain period and uses such a concept as the form of a state. State form consisting of 3 elements: 1). Form of government, 2). State form devices 3). Political Mode. According to the form of government, K.Rus was an early feudal monarchy. At the head of the state was the Grand Duke, who owned the supreme legislative power. Under the Grand Duke, a council of elders gradually formed, which included the prince’s relatives, representatives of the squad, and tribal nobility. The Veche - a national assembly - was convened to resolve the most global issues of general importance, for example, war and peace. As the princely power strengthened, the veche gradually lost its significance. The armed forces of the state were represented by the squad and the people's militia. The militia was based on a decimal control system and was headed by a thousand. Local administration was carried out by local princes (in cities) and volostels (in rural areas). In terms of the form of the state structure, K.Rus was a single unitary state, then the relationship between the principalities and princes took shape in a system called the palace-patrimony. Based on the type of state, most scientists classify K.Rus as a feudal type, with its inherent characteristics (multiformity of the economy, unstable class composition of the society). The character of the social system is determined by the formation of the ruling class, which led to the emergence of fiefdoms - a system of suzerainty-vassalage. The boyars, turning the prince's warriors into his vassals, are endowed with patrimony and engage in agriculture, increasing the exploitation of communal peasants, cat. become dependent on them and become the main slave. by force.

5. Civil relations in the Old Russian state.

Old Russian legislation had a fairly developed system of norms regulating property relations, i.e. what is called today civil law. IN Russian Truth property relations are reflected. Legal protection is provided for both real and movable property. IN Russian Truth are mentioned purchase and sale agreements (people, things, horses, self-selling), loan (money, things) lending (with or without interest), personal hiring (in service, to perform certain work), storage, orders (perform certain actions), contract and so on. The form of concluding agreements was oral; they were concluded in front of witnesses, at an auction or in the presence of a mytnik.

In the field of civil law relations, Russian Pravda quite accurately defines and distinguishes between various institutions from the field of property and obligations law.

The law distinguishes the delivery of property for temporary storage (“deposit”) from a loan in which the borrowed property is used by the borrower; a simple interest-free loan (loan) from giving money in growth from a certain agreed percentage; short-term interest-bearing loan from long-term; a loan from a trading commission and a contribution to a trading enterprise for the purpose of receiving a dividend.

The Russian Pravda enshrines the norms regulating obligatory relationship that arose from contracts or from causing harm. For failure to fulfill obligations, the debtor was responsible with property, and sometimes with his freedom.

Inheritance law characterized by the class position of the participants in legal relations. Thus, among the boyars and warriors, daughters could also inherit, but among the Smerds, in the absence of sons, the property was considered escheated and went to the benefit of the prince.

Inheritance occurs mainly by law, but it is also possible by will. The wills were, of course, oral.

When inheriting by law, i.e. without a will, the sons of the deceased had benefits. If they were available, the daughters received nothing. However, sons who received an inheritance were required to provide a dowry for their unmarried sisters. The inheritance was divided equally, but the youngest son had the advantage, and his father's yard passed to him. Illegitimate children did not have inheritance rights, but if their mother was a slave-concubine, then they received freedom with her.

There is no provision for inheritance of parents after the death of children, as well as brothers and sisters. There is no mention of the husband inheriting from the wife and vice versa. But after the death of her husband, the wife remains in charge of the common household until it is divided among the children. At the same time, the widow receives a certain amount for living expenses. If a widow remarries, she receives nothing from the inheritance of her first husband.

Family law developed in Ancient Rus' in accordance with canonical rules. With the introduction of Christianity, new principles of family law were established - monogamy, difficulty in divorce, lack of rights for illegitimate children, punishment for extramarital affairs. Marriage age: for the bride – 12-13 years; for the groom - 14-15 years old. The marriage was concluded with the consent of the parents. The marriage was preceded by engagement. The marriage took place and was registered in the church. The wife had a certain independence and could fully manage her dowry. Children were completely dependent on their parents, especially their father.

6. System of crimes and punishments according to Russian Truth.

Russian Truth under crime understood offense, i.e. causing moral or material damage to a certain person or group of persons.

Objects of crime were person and property. Objective side of the crime covered both attempted crime and completed crime.

Subjects of the crime There were all the faces except the slaves.

The owners were responsible for the slaves who were the property of the masters. The law did not establish an age limit for the subjects of a crime.

The subjective side of the crime included intent or negligence, although a clear distinction between the forms of guilt did not yet exist.

Russian Truth denoted the concept of complicity, but did not yet distinguish the roles of accomplices (instigator, performer, concealer, etc.). If a crime was committed by several persons, then the responsibility for the accomplices was established equally.

The law knew the concept of relapse - repetition of a crime.

Punishment system according to Russian Pravda it looks like this.

The death penalty it is not mentioned in Russian Pravda, although according to the chronicles it took place.

Flow and plunder are the ultimate punishment and consist of confiscation of property and the conversion of the criminal and his family members into slavery. These punishments were imposed in three cases - for robbery, arson and horse theft.

Vira- a monetary penalty of 40 hryvnia imposed for murder. Violation could be single (for the murder of a simple free person) or double (for the murder of a person with privileges). Vira entered the princely treasury.

Headiness- a monetary penalty in the amount of vira, levied in favor of the family of the murdered person.

Lesson- a certain monetary compensation in favor of the victim for the damage caused to him.

All other crimes were punished sale - a fine, the amount of which was determined depending on the severity of the crime. The sale was collected in favor of the prince.

Trial was of an accusatory and adversarial nature. The case began based on a complaint (claim) of the injured party. The plaintiff and defendant had equal rights, legal proceedings were public and oral, ordeals, oath and lot played a large role in the system of evidence.

Related information.

In modern historiography there is no consensus on the reasons for the emergence of the Kyiv state. There are two theories.

Foreign protege

According to the first theory, the Slavs could not create statehood themselves, so they asked for help from outside, from the Varangians. This is the Norman theory of the emergence of Kievan Rus, the authors of which were German scientists Miller and Bayer.

This theory is supported by the events of the 7th and 8th centuries, when Slavic tribes began to settle along the banks of the Dnieper. They settled “by water”, engaged in fishing, gathering and beekeeping. At this time, the raids of the Vikings, who possessed powerful force, began. According to the memoirs of Charles XII, the Vikings brought a lot of grief to the inhabitants of the North West.

Fearing the attack of the evil Vikings and not being confident in their abilities, the Slavic princes go to bow to the Varangian prince Rurik and ask him to become a prince and protect the Slavic lands from enemies. Rurik agreed, because the great trade route “from the Varangians to the Greeks” passed through Novgorod. And he came to Russian soil. He himself began to rule in Novgorod, and sent his brothers - Sineus and Truvor - to reign in Beloozero and Izborsk. Thus begins the Rurik dynasty, which ended only in the 16th century. The Tale of Bygone Years also speaks in favor of this theory.

This theory characterizes the Slavic princes as smart and far-sighted politicians who were not afraid to give up a little of their power and a stronger ruler for the sake of the future of their lands.

Brave Warrior

Academician Rybakov adheres to a different theory. He connects the emergence of the Kyiv state with Prince Kiy, who became famous not only as a brave commander, but also as an outstanding administrator who united 300-400 Slavic tribes under his leadership. The historian Yu. Mirolyubov writes about the wars that Kiy waged in large numbers, against the Huns, the Romans, and notes that the defeated enemies spoke of the Russian state as a powerful and dangerous enemy.

It is also known about the brothers Kiy, Shchek and Horeb, who were at enmity with each other and argued with Kiy for the primacy of power. As a result, it is known that they separated from Rus' and settled in Transcarpathia. The name Kievan (named after Kiya) Rus' speaks in favor of this theory. Archaeological finds found on the site of ancient Kyiv speak in favor of Boris Rybakov’s theory.