Excerpts from Russian truth. Russian Truth (lengthy edition), translation
RUSSIAN TRUTH IN A BRIEF EDITION
1. If a husband kills his husband, then brother takes revenge on brother, or son on father, or son on brother, or son on sister; if no one takes revenge, then 40 hryvnia for the person killed.
If the person killed is a Rusyn, or a Gridin, or a merchant, or a snitch, or a swordsman, or an outcast, or from Slovenia, then 40 hryvnia must be paid for him.
2. If someone is beaten to the point of blood or bruises, then he does not need to look for a witness, but if there are no marks (of beatings) on him, then let him bring a witness, and if he cannot (bring a witness), then the matter is over. If (the victim) cannot take revenge for himself, then let him take 3 hryvnia from the perpetrator for the offense, and payment to the doctor.
3. If anyone hits someone with a stick, pole, palm, bowl, horn or the back of a weapon, pay 12 hryvnia. If the victim does not catch up with the one (the offender), then pay, and that’s the end of the matter.
4. If you hit with a sword without taking it out of its sheath, or with the hilt of a sword, then 12 hryvnia for the offense.
5. If he hits the hand and the hand falls off or withers, then 40 hryvnia, and if (he hits the leg) and the leg remains intact, but begins to limp, then the children (of the victim) take revenge. 6. If anyone cuts off any finger, he pays 3 hryvnia for the offense.
7. And for a mustache 12 hryvnia, for a beard 12 hryvnia.
8. If someone draws a sword and does not hit, then he pays a hryvnia.
9. If the husband pushes the husband away from him or towards himself - 3 hryvnia - if he brings two witnesses to the trial. And if it is a Varangian or a kolbyag, then he will be sworn in.
10. If a slave runs and hides with a Varangian or a kolbyag, and they do not bring him out within three days, but discover him on the third day, then the master will take away his slave, and 3 hryvnia for the offense.
11. If anyone rides someone else’s horse without asking, then pay 3 hryvnia.
12. If someone takes someone else’s horse, weapon or clothing, and the owner identifies the missing person in his community, then he should take what is his, and 3 hryvnia for the offense.
13. If someone recognizes (his missing thing) from someone, then he does not take it, do not tell him that it is mine, but tell him this: go to the vault where you took it. If he does not go, then let him (provide) a guarantor within 5 days.
14. If someone collects money from another, and he refuses, then he will go to court with 12 people. And if he, deceiving, did not give it back, then the plaintiff can (take) his money, and for the offense 3 hryvnia.
15. If someone, having identified a slave, wants to take him, then the master of the slave should lead him to the one from whom the slave was bought, and let him lead him to another seller, and when he reaches the third, then tell the third: give me your slave, and you look for your money in front of a witness.
16. If a slave hits a free husband and runs into the mansion of his master and he begins not to give him up, then take the slave and the master pays 12 hryvnia for him, and then, where the slave finds the hit man, let him beat him.
17. And if someone breaks a spear, shield, or spoils clothing, and the one who spoiled it wants to keep it for himself, then take it from him in money; and if the one who damaged it begins to insist (on the return of the damaged item), pay in money, how much the item is worth.
The truth laid down for the Russian land when the princes Izyaslav, Vsevolod, Svyatoslav and their husbands Kosnyachko, Pereneg, Nikifor of Kiev, Chudin, Mikula gathered.
18. If a fireman is killed intentionally, then the killer will have to pay 80 hryvnia for him, but people don’t pay; and for the princely entrance 80 hryvnia.
19. And if a fireman is killed like a robber, and people are not looking for the killer, then the vira is paid by the rope where the murdered person was found.
20. If they kill a fireman near a cage, near a horse, or near a herd, or when a cow is dying, then kill him like a dog; the same law applies to tiun.
21. And for the princely tiun 80 hryvnia, and for the senior groom of the herd also 80 hryvnia, as Izyaslav decreed when the Dorogobuzhites killed his groom.
22. For a princely village headman or a field headman, pay 12 hryvnia, and for a princely rank and file 5 hryvnia.
23. And for a killed scum or serf - 5 hryvnia.
24. If a slave-nurse or breadwinner is killed, then 12 hryvnia.
25. And for a princely horse, if it has a spot, 3 hryvnia, and for a stinking horse 2 hryvnia.
26. For a mare 60 kn, for an ox 40 kn, for a cow 40 kn, for a three-year-old cow 15 kn, for a one-year-old half a hryvnia, for a calf 5 kn, for a lamb nogat, for a ram nogat.
27. And if he takes away someone else’s slave or slave, then he pays 12 hryvnia for the offense.
28. If a husband comes bleeding or bruised, then he does not need to look for a witness. 46
29. And whoever steals a horse or an ox, or steals a cage, if he was alone, then he pays a hryvnia and is cut 30; if there were 10 of them, then each of them pays 3 hryvnia and 30 rez.
30. And for the prince’s side 3 hryvnia if they burn it or break it.
31. For torturing a stinker, without a princely command, for insult - 3 hryvnia.
32. And for a fireman, tiun or swordsman 12 hryvnia.
33. And whoever plows a field boundary or spoils a boundary sign, then 12 hryvnia for the offense.
34. And whoever steals a rook, then pay 30 rezan (to the owner) for the rook and 60 rezan for the sale.
35. And for a pigeon and chicken 9 kunas.
36. And for a duck, goose, crane and swan you pay 30 rez, and 60 rez for sales.
37. And if someone else’s dog, or hawk, or falcon is stolen, then 3 hryvnia for the offense.
38. If they kill a thief in their yard, or at a cage, or at a stable, then he is killed, but if the thief is kept until dawn, then bring him to the prince’s court, and if he is killed, and people saw the thief tied up, then pay him .
39. If hay is stolen, then pay 9 kunas, and for firewood 9 kunas.
40. If a sheep, or a goat, or a pig is stolen, and 10 thieves steal one sheep, let each one pay 60 rez for the sale.
41. And the one who captured the thief receives 10 rez, from 3 hryvnia to the swordsman 15 kunas, for a tithe 15 kunas, and to the prince 3 hryvnias. And out of 12 hryvnias, the one who caught the thief gets 70 kunas, and for the tithe, 2 hryvnias, and the prince gets 10 hryvnias.
42. And here is the virnica rule: for the virnik, take 7 buckets of malt for a week, also a lamb or half a carcass of meat, or 2 nogata, and on Wednesday, cut for three cheeses, on Friday the same. same; and as much bread and millet as they can eat, and two chickens per day. And put 4 horses and give them as much food as they can eat. And take 60 hryvnia for the virnik and 10 rez and 12 vereveritsa, and first the hryvnia. And if fasting happens, give the virnik fish, and take him 7 rez for the fish. All that money is 15 kunas per week, and they can give as much flour as they can eat until the virniks collect the virins. Here's Yaroslav's charter for you.
43. And here is the rule for bridge workers: if they pave a bridge, then take a nogat for the work, and from each abutment of the bridge one nogat; if the dilapidated bridge is repaired by several daughters, 3, 4 or 5, then the same.
(Tikhomirov M.N. A manual for the study of Russian Pravda M., 1953. P. 75-86.)
RUSSIAN TRUTHa monument of legislation from the 11th to 12th centuries, considered the earliest code of legal norms of early medieval Rus' that has reached modern researchers.The term “truth”, often found in ancient Russian sources, means the legal norms on the basis of which the trial was carried out (hence the expressions “to judge the right” or “to judge in truth”, that is, objectively, fairly). Sources of codification are norms of customary law, princely judicial practice, as well as borrowed norms from authoritative sources, primarily the Holy Scriptures. There is an opinion that even before Russian truth there was a certain Russian Law(its norms are referenced in the text Treaty Rus' with Byzantium 907), however, which of his articles were included in the text of Russian Pravda, and which are original, there is no exact data. According to another hypothesis, the name “Pravda Roskaya” comes from the lexeme “ros” (or “rus”), which means “combatant”. In this case, in the text of the set of norms one should see a code adopted to regulate relations in the princely-squad environment. The importance of tradition and customary law (not written down anywhere or by anyone) was less important in it than in the community environment.
Russian Truth has survived to this day in copies of the 15th century. and eleven lists
18 19th centuries According to traditional Russian historiography, these texts and lists are divided into three editions Russian Truth : Brief, Extensive and Abbreviated . The oldest list or the first edition Russian Truth is Brief Truth (20-70s 11 c.), which is usually divided into The truth of Yaroslav the Wise(10191054) and Pravda Yaroslavich. First 17 articles Pravda Yaroslav(according to the breakdown of later researchers, since there is no division into articles in the source text itself), preserved in two lists of the 15th century. as part of the Novgorod I Chronicle, contain an even earlier layer the first 10 recorded norms, “as Yaroslav judged” they are called The Most Ancient Truth (« Pravda Roska"). Its text was compiled no earlier than 1016. A quarter of a century later, the text The Most Ancient Truth formed the basis of all Pravda Yaroslav Code of Case Law. These norms regulated relations within the princely (or boyar) economy; Among them are resolutions on fees for murder, insults, mutilations and beatings, theft and damage to other people's property. Start Brief Truth convinces of the fixation of the norms of customary law, since they deal with blood feud (Article 1) and mutual responsibility (Article 19).Pravda Yaroslavich(sons Yaroslav the Wise) are referred to as Article 1941 in the text Brief Truth. This part of the code was compiled in the 70s
11 V. and until the end of the century it was constantly updated with new articles. These include articles 2741, divided into Pokon Virny(that is Charter on fines in favor of the prince for the murder of free people and the standards of feeding the collectors of these payments), the appearance of which is associated with the uprisings of 10681071 in Rus', and Lesson for bridge builders(that is, Rules for those who pave roadways in cities). In general Brief edition Russian Truth reflects the process of the formulation of laws from particular cases to general norms, from the solution of specific issues to the formulation of general state law at the stage of formation of the medieval feudal order.Vast Truth second edition Russian Truth, a monument to a developed feudal society. Created in 20-30 years
12 V. (a number of researchers associate its origins with the Novgorod uprisings of 1207–1208 and therefore attribute its composition to 13 V.). Preserved in more than 100 lists as part of legal collections. Earliest Synodal list of Extensive Truth compiled in Novgorod around 1282, included in the Helmsman’s Book and was a collection of Byzantine and Slavic laws. Another early list Trinity, 14th century. is part of The standard of the righteous, also the oldest Russian legal collection. Most of the lists Dimensional Truth later, 15 17 centuries All this wealth of texts Dimensional Truth is combined into three types (in source studies edition): Synodal-Troitsky , Pushkin-Archaeographic and Karamzinsky. Common to all types (or versions) is the combination of text Brief Truth with the norms of the princely legislation of Svyatopolk Izyaslavich, who ruled Kiev from 1093 to 1113, as well as the Charter Vladimir Monomakh 1113 (the charter determined the amount of interest charged on contractual loans). By volume Vast Truth almost five times more Brief(121 articles with additions). Articles 152 are referred to as Court of Yaroslav, Article 53121 as Charter of Vladimir Monomakh. Norms Dimensional Truth operated before the Tatar-Mongol yoke in Rus' and in its first period.Some researchers (M.N. Tikhomirov, A.A. Zimin) believed that Vast Truth was primarily a monument of Novgorod civil legislation, and later its norms became all-Russian. Degree of "officiality" Dimensional Truth is unknown, as are the exact boundaries of the region covered by its rules.
The most controversial monument of ancient Russian law is the so-called Abridged Truth or third edition Russian Truth, which arose in
15 V. It reached only two lists of the 17th century, placed in Helmsman's book special composition. It is believed that this edition originated as a reduction of the text Dimensional Truth(hence the name), was compiled in the Perm land and became known after its annexation to the Moscow principality. Other scholars do not rule out that this text was based on an earlier and unknown monument of the second half 12 V. Disputes still continue among scholars regarding the dating of various editions. Truth, especially this third one. 14 V. Russian Truth began to lose its significance as a valid source of law. The meaning of many of the terms used in it became unclear to copyists and editors, which led to distortions of the text. At first 15 V. Russian Truth ceased to be included in legal collections, which indicates that its norms have lost legal force. At the same time, its text began to be included in chronicles; it became history. Text Russian Truth(various editions) formed the basis of many legal sources Novgorod and Smolensk with Riga and the Gothic coast (Germans) of the 13th century, Novgorod And Judgment letters , Lithuanian Statute 16 V., Sudebnik Casimir 1468 and finally the all-Russian code of norms of the era of Ivan III Code of Law 1497. The Brief Truth was first discovered by V.N. Tatishchev in 1738 and published by A.L. Shletser in 1767. Vast Truth first published by I.N. Boltin in 1792. In the 19th century. above The truth outstanding Russian lawyers and historians worked I.D.Evers, N.V.Kalachev, V.Sergeevich, L.K.Götz, V.O.Klyuchevsky, who analyzed the time and reasons for the creation of individual parts and editions Russian Truth, the relationship between the lists, the essence of the legal norms reflected in them, their origins in Byzantine and Roman law. In Soviet historiography, the main attention was paid to the “class essence” of the source in question (works of B.D. Grekov, S.V. Yushkov, M.N. Tikhomirov, I.I. Smirnov, L.V. Cherepnin, A.A. Zimin ) that is, to study with the help Russian Truth social relations and class struggle in Kievan Rus. Soviet historians emphasized that Russian Truth perpetuated social inequality. Having fully defended the interests of the ruling class, she openly proclaimed the lack of rights of unfree workers - serfs, servants (thus, the life of a serf was valued 16 times lower than the life of a free “husband”: 5 hryvnia versus 80). According to the conclusions of Soviet historiography, Russian Truth asserted the inferiority of women both in the property and private spheres, but modern research shows that this is not so (N.L. Pushkareva). In Soviet times, it was customary to talk about Russian Truth as a single source that had three editions. This corresponded to the general ideological orientation towards the existence of a single legal code in ancient Rus', just as the Old Russian state itself was viewed as the “cradle” of three East Slavic nationalities. Currently, Russian researchers (I.N. Danilevsky,A.G. Golikov) more often talk about Brief , Spacious and Abridged Truths as independent monuments that are of great importance for the study of various parts of the state of Rus', similar to all-Russian and local chronicles.All texts of Russian Truth have been published several times. There is a complete academic edition of it according to all known lists.
Lev Pushkarev, Natalya Pushkareva
APPLICATIONRUSSIAN PRAVDA SUMMARY EDITION
RUSSIAN LAW
1. If a person kills a person, then a brother takes revenge for (the murder of) a brother, a son for his father, or a cousin, or a nephew on his sister’s side; if there is no one to take revenge, put 40 hryvnia for the killed; if (the person killed) is a Rusyn, a Gridin, a merchant, a snitch, a swordsman, or an outcast and a Slovenian, then put 40 hryvnia for him.
2. If someone is beaten to the point of blood or bruises, then do not look for witnesses to this person; if there are no marks (beatings) on him, then let witnesses come; if he cannot (bring witnesses), then the matter is over; if he cannot take revenge for himself, then let him take 3 hryvnias from the guilty person as compensation for the victim and also the doctor’s payment.
3. If someone hits someone with a batog, pole, metacarpal, cup, horn or sword flat, then (pay) 12 hryvnia; if he is not overtaken, then he pays, and that is the end of the matter.
4. If (anyone) hits with a sword without removing it (from its sheath), or with the hilt, then (pay) 12 hryvnia as compensation to the victim.
5. If (someone) hits (a sword) on the hand and the hand falls off or withers, then (pay) 40 hryvnia.
6. If the leg remains intact, (but) if it begins to limp, then let the members of the (wounded) household humble the (guilty) one.
7. If (anyone) cuts off (anyone’s) finger, then (pay) 3 hryvnia compensation to the victim.
8. And for a (pulled out) mustache (to pay) 12 hryvnia, and for a tuft of beard 12 hryvnia.
9. If someone draws a sword, but does not strike (with it), then he will put down the hryvnia.
10. If a person pushes a person away from him or towards him, then (pay) 3 hryvnia if he produces two witnesses; but if (the beaten one) is a Varangian or a kolbyag, then (let him) go to the oath.
11. If the servant hides with a Varangian or a kolbyag, and he is not returned (to the former master) within three days, then having identified him on the third day, he (i.e., the former master)
take your servant, and (pay the hider) 3 hryvnia compensation to the victim.12. If someone rides someone else’s horse without asking, then pay 3 hryvnia.
13. If someone takes someone else’s horse, weapon or clothing, and (the owner) recognizes (them) in his world, then let him take what is his, and (the thief) pay 3 hryvnias as compensation to the victim.
14. If someone recognizes (his thing from someone), then he cannot take it, saying (at the same time)
" my " ; but let him say:« Go to the vault (we'll find out) where you got it» ; if (he) does not go, then let him (set up) a guarantor (who will appear at the arch) no later than five days.15. If somewhere (someone) exacts the rest from someone, and he begins to lock himself away, then he (with the defendant) should go to the vault in front of 12 people; and if it turns out that he did not maliciously give up (the subject of the claim), then (for the thing sought) he (i.e., the victim) should be (paid) in money and (in addition) 3 hryvnias as compensation to the victim.
16. If someone, having identified his (missing) servant, wants to take him, then take him to the one from whom he was bought, and he goes to the second (reseller), and when they reach the third, then let him say to him:
« Give me your servant, and look for your money in front of a witness» .17. If a slave hits a free man and runs away to the mansion, and the master does not want to hand him over, then the master of the slave should take it for himself and pay 12 hryvnia for him; and after that, if a person beaten by him finds a slave anywhere, let him kill him.
18. And if (someone) breaks a spear, shield or (damages) clothes and wants to keep them, then (the owner) will receive (compensation for this) money; if, having broken something, he tries to return it (the broken thing), then pay him in money, how much (the owner) gave when buying this thing.
The law established for the Russian land, when Izyaslav, Vsevolod, Svyatoslav, Kosnyachko Pereneg (?), Nikifor of Kiev, Chudin Mikula gathered.
19. If they kill a butler, taking revenge for an insult (inflicted on him), then the killer should pay 80 hryvnia for him, but people (pay) do not need to: but (for the murder of) a princely entrance (pay) 80 hryvnia.
20. And if a butler is killed in a robbery, and the murderer (people) do not look for him, then the viru is paid by the rope in which the body of the murdered man was found.
21. If they kill a butler (for stealing) in a house or (for stealing) a horse or for stealing a cow, then let them kill
(him) like a dog. The same regulation (applies) when killing a tiun.22. And for the (killed) princely tiun (to pay) 80 hryvnia.
23. And for (the murder of) the senior groom of the herd (to pay) 80 hryvnia, as Izyaslav decreed when the Dorogobuzhites killed his groom.
24. And for the murder of a (princely) headman in charge of villages or arable land, (pay) 12 hryvnia.
25. And for (killing) a princely private soldier (pay) 5 hryvnia.
26. And for (killing) a stinker or for (killing) a slave (pay) 5 hryvnia.
27. If a slave-nurse or uncle-educator (is killed), (then pay) 12 (hryvnia).
28. And for a princely horse, if he has a brand (to pay) 3 hryvnia, and for a stinking horse 2 hryvnia, for a mare 60 cut, and for an ox hryvnia, for a cow 40 cut, and (for) a three-year-old 15 kun , for a two-year-old half a hryvnia, for a calf 5 cut, for a lamb nogat, for a ram nogat.
29. And if (someone) takes away someone else’s slave or slave, (then) he pays 12 hryvnia compensation to the victim.
30. If a person comes beaten to the point of blood or bruises, then do not look for witnesses for him.
31. And if (someone) steals a horse or oxen or (robs) a house, and at the same time he stole them alone, then pay him a hryvnia (33 hryvnias) and thirty rez; if there are 18 thieves (? even 10), then (pay each) three hryvnias and pay 30 rubles to people (? princes).
32. And if they set fire to the prince’s side or pull out bees (from it), (then pay) 3 hryvnia.
33. If without a princely order they torture the smerda, (then pay) 3 hryvnia for the insult; and for (torture) an ognishchanin, a tiun and a swordsman 12 hryvnia
. 34. And if (someone) plows a boundary or destroys a boundary sign on a tree, then (pay) 12 hryvnia as compensation to the victim.35. And if (someone) steals a rook, then he will pay 30 rez for the rook and a fine of 60 rez.
36. And for a pigeon and for a chicken (to pay) 9 kunas, and for a duck, for a crane and for a swan 30 rez; and a fine of 60 rubles.
37. And if someone else’s dog, hawk or falcon is stolen, then (pay) compensation to the victim 3 hryvnia.
38. If they kill a thief in their yard or in their house or near the grain, then so be it; if they held (him) until
dawn, then take him to the princely court; and if (he) is killed and people saw (him) tied up, then pay for him.39. If hay is stolen, then (pay) 9 kunas; and for firewood 9 kunas.
40. If a sheep, goat or pig is stolen, and 10 (people) stole one sheep, then let them impose a fine of 60 rubles (each); and to the one who detained (the thief) 10 cuts.
41. And from the hryvnia the swordsman (is entitled to) kuna, and in tithes 15 kunas, and the prince 3 hryvnias; and from 12 hryvnias to the one who detained the thief 70 kunas, and for tithes 2 hryvnias, and to the prince 10 hryvnias.
42. And here is the establishment for virnik; Virnik (should) take 7 buckets of malt per week, as well as a lamb or half a carcass of meat or two legs; and on Wednesday sliced or cheeses; also on Friday, and take as much bread and millet as they can eat; and chickens (take) two a day; put 4 horses and feed them to their fill; and virnik (pay) 60 (? 8) hryvnia, 10 rezan and 12 veverin; and upon entry - hryvnia; if he needs fish during fasting, then take 7 rez for the fish; total of all money is 15 kuna; and how much bread (to give)
can eat; let the viruniks collect the vira within a week. This is Yaroslav's order.43. And here are the taxes (established for) bridge builders; if they build a bridge, then take a nogata for the work and a nogata from each span of the bridge; if you repaired several boards of the old bridge 3, 4 or 5, then take the same amount.
Monuments of Russian law. Vol. 1. M., 1952. P. 8185 LITERATURERussian truth, vol.12. Ed. B.D. Grekova. M. L., 1940
Yushkov S.V. Russian Truth: Origin, sources, its meaning. M., 1950
Monuments of Russian law. Vol. 1. M., 1952
Tikhomirov M.N. A manual for studying Russian truth. M., 1953
Shchapov Ya.N. Princely charters and the church in Ancient Rus'
XXIV centuries M., 1972
Sverdlov M.B. From
«
Russian Law"
To "
Russian Truth." M., 1988
Pushkareva N.L. Women of Ancient Rus'. M., 1989
Krasnov Yu.K. History of state and law of Russia, part 1. M., 1997
RUSSIAN TRUTH
(LONG EDITION)
COURT OF YAROSLAV VLADIMIROVICH.
RUSSIAN TRUTH.
1. If the husband kills the husband, then take revenge on brother for brother, or on father, or on son, or on cousin, or on brother’s son; if no one<из них>will not take revenge for him, then assign 80 hryvnia for the murdered man, if he is a prince’s husband or a prince’s thiun; if he is a Rusyn, or a Gridin, or a merchant, or a boyar tyun, or a swordsman, or an outcast, or from Slovenia, then assign 40 hryvnia for him.
2. After the death of Yaroslav, having gathered again, his sons, Izyaslav, Svyatoslav, Vsevolod, and their husbands, Kosnyachko, Pereneg, Nikifor, abolished revenge for the murdered man, replacing it with ransom in money; and everything else - as Yaroslav judged, so his sons established.
3. About murder. If someone kills the prince's husband in robbery, and they are not looking for the killer, then a vira of 80 hryvnia is paid to the rope where the murdered man lies, but if a simple free person, then 40 hryvnia.
4. If any rope will pay a wild viru, let him pay that viru for as long as he will pay, because they pay without a criminal.
5. If the criminal is a member of their chain, then in this case help<общинникам>criminal because he had previously helped them<выплачивать виру>; if<выплачивать>wild virus, then pay them all together 40 hryvnia, and for the crime pay the criminal himself, and from the joint payment of 40 hryvnia pay him his part.
6. But if<кто>killed openly, during a quarrel or at a feast, then now he is paid like that along with the rope, since he also invests in the virus.
7. If<кто>will commit murder without reason.<Если кто>committed a murder without any quarrel, then people do not pay for the murderer, but let them hand him over with his wife and children to exile and plunder.
8. If someone does not invest in wild virus, people do not help him, but he pays himself.
9. And these are the virny decrees that were under Yaroslav: the virnik should take 7 buckets of malt for a week, as well as a lamb or half a carcass of beef, or 2 nogat; and on Wednesday kuna or cheese, on Friday the same amount, two chickens for him per day, and 7 loaves for the week, and 7 harvests of millet, and 7 harvests of peas, and 7 golvazhen salts; all this is for Virnik and the boy, and they keep four horses, for each horse they give oats: for Virnik - 8 hryvnia, and 10 kuna - transfer<подать>, and the blizzard - 12 vksh, and also a shady hryvnia.
10. About viruses. If the vira is 80 hryvnia, then the virnik is 16 hryvnia and 10 kuna and 12 veksha, and previously - a slaughtered hryvnia, and for the killed - 3 hryvnia.
11. About the princely youth. If for a princely youth, or for a groom, or for a cook, then<вира>40 hryvnia.
12. And for the fire tiun and for the stable boy - 80 hryvnia.
13. And for the tiun of a princely villager or one in charge of arable work - 12 hryvnia.
14. And for a rower - 5 hryvnia. The same amount for a boyar<рядовича>.
15. About the artisan and the artisan. And for a craftsman and a craftswoman - 12 hryvnia.
16. And for a stinker and a serf 5 hryvnia, and for a robe - 6 hryvnia.
17. And for the breadwinner 12 hryvnia, the same for the wet nurse, although it will be a slave or a robe.
18. About the unproven charge of murder. If there is an unproven charge of murder against someone, then present 7 witnesses so that they will withdraw the accusation; if<обвиняемый>Varangian or some other<иноземец>, then present two witnesses.
19. But for the remains and for the dead person, if his name is not known and he is unknown, then the rope does not pay.
20. If the murder charge is dropped. And if someone withdraws the charge of murder, then he gives the youth a hryvnia kun for acquittal; and whoever accused him without proof, then give him another hryvnia, and for help in dismissing the charge of murder, 9 kunas.
21. If they are looking for a witness and do not find him, and the plaintiff is accused of murder, then judge them by testing with iron.
22. Likewise in all court cases, about theft and slander, if there is no red-handed action, and the claim is not less than half a hryvnia of gold, then the defendant must be forced to be tested with iron; if the claim is less significant, then to trial by water; if up to two hryvnias or less, then he must take a judicial oath in relation to his kunas.
23. If someone strikes with a sword. If someone strikes with a sword without drawing it, or with the hilt, then a 12 hryvnia fine in favor of the prince for the offense.
24. If, having drawn out the sword, he does not strike, then the hryvnia is kun.
25. If someone hits someone with a batog, or a bowl, or a horn, or the back of a weapon, then 12 hryvnia.
26. If someone, unable to resist, strikes with a sword the one who struck the blow, then he is not to blame for this.
27. If he cuts his hand and the arm falls off or withers, or a leg, or an eye or nose is damaged, then half a virion is 20 hryvnia, and the victim for the injury is 10 hryvnia.
28. If any finger is damaged, the prince will be fined 3 hryvnia, and the victim will be fined one hryvnia kun.
29. If a bloody person comes. If he comes to<княжеский>a person in the yard is bloodied or beaten to bruises, then do not look for witnesses to him, but pay him<виновному>fine to the prince 3 hryvnia; if there are no signs of beatings, then bring him a witness in accordance with the words of his testimony; and whoever started the fight must be paid 60 kunas, even if he comes back bloodied<человек>, but he started it himself, and witnesses will come, then they will pay him for it, even though he was beaten.
30. If<кто>strikes with a sword, but does not cut to death, then 3 hryvnia, and<пострадавшему>hryvnia per wound for treatment, if he is hacked to death, then pay the virus.
31. If a person pushes a person towards him or away from him, or hits him in the face, or hits him with a pole, and two witnesses are presented, then a fine of 3 hryvnias to the prince; if there is a Varangian or a kolbyag, then bring to trial the witnesses in full<тоже двух>and let them go to the judicial oath.
32. About servants. If the servant disappears and is announced at the auction, but is not returned within 3 days, then if he is identified on the third day,<господину>pick up your servant, and then<укрывателю>pay 3 hryvnia fine to the prince.
33. If someone mounts someone else's horse. If someone sits on someone else’s horse without asking, then 3 hryvnia.
34. If someone loses a horse, weapon or clothing and he announces it at the auction, and then recognizes the loss in his city, then take what he has and pay him 3 hryvnia for the damage.
35. If anyone knows that something that is his is missing or stolen, or a horse, or clothing, or cattle, then do not tell him<у кого пропажа обнаружена>: “This is mine,” but go to the vault where he took it, let them come together<участники сделки и выяснят>whoever is guilty will be charged with theft; then the plaintiff will take his, and what was lost along with it, the guilty party will pay him; if there is a horse thief, then hand him over to the prince for exile; if a thief robbed a cage, then he should be paid 3 hryvnia.
36. About the vault. If it will be<свод>in one city, then the plaintiff must go to the end of this arch; if there is a summary<разным>lands, then he should go to the third arch; and in relation to cash<краденой>things, then the third<ответчику>pay money for the cash thing, and with the cash thing go to the end of the arch, and let the plaintiff wait for the rest<из пропавшего>, and where will they find the latter<по своду>, then he will have to pay for everything and fine the prince.
37. About theft. If<кто>bought something stolen at a trade, or a horse, or clothing, or cattle, then let him bring as witnesses two free people or a collector of trade duties; if he does not know from whom he bought it, then let those witnesses take a judicial oath in his favor, and let the plaintiff take his stolen property; and what was lost along with this, he will only regret about it, and the defendant will regret his money, since he does not know from whom he bought the stolen goods; if later the defendant identifies who bought it from, then let him take his money and pay him<за все>, what does he have<ответчика>disappeared, and the prince received a fine.
38. If anyone recognizes<свою>servants. If someone recognizes his stolen servant and returns it, then he must lead him through monetary transactions to the third vault and take the servant from the third defendant instead of his own, and give him the identified one: let him go to the last vault, because he is not cattle, you cannot tell him : “I don’t know who I bought it from,” but follow the servant’s testimony to the end; and when the true thief is identified, then again return the stolen servants to the master, and the third defendant take his own, and for damages<истцу>pay the same thief, and fine the prince 12 hryvnia for stealing servants.
39. About the vault. And from one’s own city to a foreign land there is no arch, but also imagine<ответчику>witnesses or the toll collector before whom the purchase was made, and the plaintiff to take the cash, and only regret the rest that was lost with him, and the one who bought the stolen goods, regret his money.
40. About theft. If someone is killed at the cage or during any other theft, then he can be killed like a dog; if they hold him until dawn, then lead him to the princely court; if they kill him, and people saw him already tied up, then pay 12 hryvnia for him.
41. If someone steals livestock from a barn or cage, then if one<крал>, then pay him 3 hryvnia and 30 kuna; if there are a lot of them<крало>, then everyone should pay 3 hryvnia and 30 kuna.
42. About theft. If he steals cattle in the field, or sheep, or goats, or pigs, then 60 kunas; if there are a lot of thieves, then everyone will receive 60 kunas.
43. If he steals on a threshing floor or grain in a pit, then how many of them were stolen, 3 hryvnias and 30 kunas for everyone.
44. And who has<что>lost, but will be<обнаружено>in stock, let him take cash, but for<каждый>Let him take half a hryvnia per year.
45. If there is no cash, and it was a prince’s horse, then pay 3 hryvnia for it, and 2 hryvnia for others.
And this is a decree about livestock. For a mare - 60 kunas, and for an ox - hryvnia, and for a cow - 40 kunas, and for a three-year-old - 30 kunas, for a one-year-old - half a hryvnia, for a calf - 5 kunas, for a pig - 5 kunas, and for a piglet - nogata, for for a sheep - 5 kunas, for a ram - nogat, and for a stallion, if it is not broken - hryvnia kun, for a foal - 6 nogat, for cow's milk - 6 nogat; This is a decree for smerds if they pay a fine to the prince.
46. If the thieves turn out to be slaves, then the court is princely. If the thieves turn out to be slaves, or princely, or boyar, or belonging to monks, then the prince will not punish them with a fine, because they are not free, but let them pay double<их господин >plaintiff for damages.
47. If anyone asks for money<на ком-либо>. If someone demands money from another, and he refuses, then if<истец>puts forward witnesses against him, and they take a judicial oath, then let him take his money; and since<ответчик>did not give him money for many years, then pay him 3 hryvnia for damage.
48. If any merchant gives money to another merchant for local trade transactions or for long-distance trade, then the merchant does not need to present the money in front of witnesses, the witnesses to him<на суде>are not needed, but he should go to the court oath himself if<ответчик>will be locked.
49. About goods given for storage. If someone deposits goods with someone else, then a witness is not needed, but if<положивший товар на хранение>will unreasonably demand more, then go to the court oath to the one who had the goods,<и пусть скажет>: “You gave me exactly that much,<но не более>“, after all, he was his benefactor and kept his goods.
50. About interest. If someone gives money at interest, or honey with a return in an increased amount, or grain with a return with an extra charge, then he should present witnesses: as agreed, so he will receive.
51. About monthly interest. And he should take the monthly percentage<кредитору>, If<договорились>about small things<сроке>; if the money is not paid on time, then they give him a third of the money, and refuse the monthly interest.
52. If there are no witnesses, and<долг>will be 3 hryvnia kun, then go to his court oath<с иском>with your own money; if<долг составил >a large amount, then tell him this: “It’s your own fault for lending without witnesses.”
53. Charter of Vladimir Vsevolodovich. And this was decided by Vladimir Vsevolodovich after the death of Svyatopolk, convening his squad in Berestovo: Ratibor, the Kyiv thousand, Procopius, the Belgorod thousand, Stanislav, the Pereyaslav thousand, Nazhir, Miroslav, Ivanko Chudinovich, husband Oleg, and decided that<долг>charged from two-thirds interest, if<должник>takes money in thirds; if someone takes interest twice, then he must take the debt itself; if he takes interest three times, then<самого>he shouldn't take on debt.
If someone charges 10 kuna per hryvnia per year, then this should not be prohibited.
54. If any merchant is shipwrecked. If any merchant, going somewhere with someone else's money, suffers a shipwreck, or is attacked, or suffers from fire, then do not do violence to him, do not sell him; but if he begins to repay the debt, then let him pay it, for this destruction is from God, and he is not to blame; if he gets drunk or makes a bet<проспорит>, or through recklessness damages someone else’s goods, then let it be as those whose goods it is want: whether they wait until he pays, that’s their right, whether they sell it, that’s their right.
55. About debt. If someone owes a lot, and a merchant or foreigner who comes from another city, without knowing it, entrusts him with his goods, and<тот>will not return the money to the guest, and the first creditors will interfere with him, not giving him money, then take him to auction, sell him<его>together with the property, and first of all give the money to someone else’s merchant, and let them divide the money that remains to their own; if there is princely money, then give the princely money first, and the rest as a division; if anyone charged<уже>many percent, then<свою часть долга>do not take.
56. If the purchase runs. If the purchase runs away from the master, it becomes full<холопом >; if he leaves in search of money, but leaves openly, or runs to the prince or to the judges because of insults to his master, then for this he will not be turned into a slave, but give him<княжеское>justice.
57. About the purchase. If a gentleman has arable land and he kills his horse, then<господину>there is no need to pay him, but if the master gave him a plow and a harrow and takes a kupa from him, then, having destroyed them, he pays; if the master sends him away on his own business, and something of the master’s property perishes in his absence, then he does not need to pay for it.
58. About the purchase. If from a locked stable<скот>if they take it out, then the purchaser will not pay for it; but if<он>will destroy<скот>on the field, won't drive<его>in the courtyard or does not close where the master tells him, or while working for himself, and destroys him, then he will be paid for it.
59. If the gentleman causes damage to the purchase, damage to his compartment or personal property, then he will be compensated for all this, and for the damage he will be paid 60 kunas.
60. If< господин >takes more money from him, then return him the money he took<сверх меры>, and for the damage he should pay a fine of 3 hryvnia to the prince.
61. If the master sells the purchase to complete slaves, then the debtor at interest will have freedom in all<взятых в долг>money, and the master should pay a fine of 12 hryvnia to the prince for the offense.
62. If a gentleman beats a purchaser for business, then he is not guilty; if he hits without thinking, drunk and without guilt, then he should pay<штраф князю>both for free and for purchase.
63. About the slave. If a complete slave steals someone’s horse, then pay 2 hryvnia for it.
64. About procurement. If the purchase steals anything, then Mr.<волен>in him; but if he is found somewhere, then the master must first of all pay for his horse or anything else that he took, and his<закупа>makes him a complete slave; and if the master does not want to pay for it and sells it, then first of all let him pay for the horse, or for the ox, or for the goods that he took from someone else, and he can take the rest for himself.
65. And this is if the slave hits. If a slave hits a free man and runs into the house, but the master does not give him up, then pay the master 12 hryvnia for him; and then, if somewhere the struck one finds his defendant who hit him, then Yaroslav decided to kill him, but the sons after the death of their father decided to ransom in money, either beat him, untie him, or take the hryvnia kun for the insult.
66. About the certificate. But certificates are not placed on a slave; but if there is no free one, then, if necessary, assign it to the boyar tiun, and not assign it to other slaves.
And in a small claim, if necessary, assign the certificate to the purchaser.
67. About the beard. And whoever damages his beard and traces of this remain and there are witnesses, then a fine of 12 hryvnia to the prince; if there are no witnesses and the accusation is not proven, then there is no fine for the prince.
68. About the tooth. If a tooth is knocked out and they see blood on it<пострадавшего>in the mouth, and there are witnesses, then a fine of 12 hryvnia to the prince, and a hryvnia for the tooth.
69. If someone steals a beaver, then 12 hryvnia.
70. If the ground is dug up or<обнаружен>sign<снасти>, which was used to catch, or a net, then look for the thief along the rope or pay<верви>princely fine.
71. If anyone destroys the property sign on the board. If someone destroys a sign of ownership on the board, then 12 hryvnia.
72. If he cuts a border boundary or plows up a plowed field or blocks a yard boundary with a fence, then the prince will be fined 12 hryvnia.
73. If he cuts down an oak with a sign of ownership or a boundary, then a fine of 12 hryvnia to the prince.
74. And these are additional duties. And these are additional duties to the fine of 12 hryvnia: for the youth - 2 hryvnia and 20 kunas, and for himself<судебному исполнителю>ride with the youth on two horses, and give them oats for each, and give them meat - a ram or half a carcass of beef, and the rest of the feed - as much as these two eat, and the scribe - 10 kunas, the carry - 5 kunas, for the fur - two nogat.
75. And this is about borti. If the side is cut, then the prince will be fined 3 hryvnia, and for a tree - half a hryvnia.
76. If a swarm of bees steals, then fine the prince 3 hryvnia; and for honey, if the bees are not prepared for the winter, then 10 kunas, if they are prepared, then 5 kunas.
77. If the thief is not discovered, then let them follow the trail; if the trail leads to a village or to a trading camp, and people do not take the trail away from themselves, do not go to investigate, or refuse by force, then they will have to pay the stolen goods and a fine to the prince; and conduct an investigation with other people and with witnesses; if the trail is lost on a large trade road, and there is no village nearby or there is an uninhabited area where there is neither a village nor people, then do not pay either the fine to the prince or the stolen goods.
78. About the stink. If a smerd torments a smerd without a princely command, then a fine of 3 hryvnias to the prince, and for torment<пострадавшему>hryvnia kun; if anyone torments a fireman, then the prince will be fined 12 hryvnia, and for torment<пострадавшему>hryvnia
79. If someone steals a rook, then fine the prince 60 kunas, and return the rook itself; and for a sea boat - 3 hryvnia, and for a cut boat - 2 hryvnia, for a canoe - 20 kunas, and for a plow - hryvnia.
80. About nets for catching birds. If someone cuts a rope in a net for catching birds, then the prince will be fined 3 hryvnias, and the owner will be fined 1 hryvnia kun for the rope.
81. If<кто>steals a hawk or falcon from someone's net for catching birds, then the fine for the prince is 3 hryvnia, and for the master - a hryvnia, and for a pigeon - 9 kunas, and for a partridge (?) - 9 kunas, and for a duck - 30 kunas, and for a goose - 30 kn, and for a swan - 30 kn, and for a crane - 30 kn.
82. And for hay and firewood - 9 kunas, and how many carts are stolen, the owner will receive 2 kunas for each cart.
83. About the threshing floor. If someone sets fire to a threshing floor, then his entire house is subject to expulsion and plunder, but first he must pay for what was destroyed, and the rest of his property will be confiscated by the prince. The same punishment if someone sets fire to the yard.
84. If someone maliciously slaughters a horse or cattle, then the prince will be fined 12 hryvnia, and for the damage the master will pay the prescribed compensation.
85. All these lawsuits are tried in the presence of free witnesses; if the witness is a slave, then the slave should not appear at the trial; but if the plaintiff wants to use him as a witness, then let him say this: “I am bringing you on the testimony of this<холопа>, but it’s I, not the slave, who attracts you,” and he can take it<ответчика>to be tested with iron; if he is convicted, then he will take his due in court, but if he is not convicted, then<истцу>pay him a hryvnia for flour, because they took him according to the testimony of a slave.
86. And when tested with iron, pay<в суд>40 kunas, and 5 kunas for a swordsman, and half a hryvnia for a child; This is a fee for testing with iron, who gets what for.
87. And if he is brought in for testing with iron on the testimony of free people, or there is suspicion on him, or he passed at night<у места преступления>, then if<обвиняемый>is not burned in any way, then he is not paid for torment, but only the court fee for the test with iron is paid by the one who summoned him to trial.
88. About a woman. If anyone kills a woman, he will be judged in the same way as for the murder of a man; if<убитый>will be guilty, then pay half a vira 20 hryvnia.
89. But for the murder of a slave or a slave, the virus is not paid; but if one of them is killed without guilt, then the money prescribed by the court is paid for the slave or for the robe, and the prince is fined 12 hryvnia.
90. If the stinker dies. If the smerd dies, then the inheritance goes to the prince; if he has daughters at home, then give them a part<наследства>; if they are married, then do not give them a share.
91. About the inheritance of a boyar and a warrior. If a boyar or warrior dies, the inheritance does not go to the prince; and if there are no sons, they will take daughters.
92. If someone, dying, divides his household among his children, then so be it; if he dies without a will, then divide it among all the children, and among himself<покойного>give some of it to the soul's remembrance.
93. If after the death of her husband the wife remains a widow, then a share should be allocated to her children, and what her husband bequeathed to her, she is the mistress, and she should not inherit the husband’s inheritance.
94. If there are children from the first wife, then the children will take the inheritance of their mother; if the husband bequeathed it to his second wife, they will still receive their mother’s inheritance.
95. If there is a sister in the house, then she<отцовского>do not take the inheritance, but the brothers should give her in marriage as best they can.
96. And this<пошлины>when laying city fortifications. And these are the fees for the builder of city fortifications: when laying the city, take a kuna, and when finished - a nogata; and for food, drink, meat, and fish - 7 kunas per week, 7 loaves of bread, 7 harvests of millet, 7 lukon of oats for 4 horses; take him so much until the city fortifications are built; let them give 10 lukon of malt once<на все время работы>.
97. About bridge builders. And this is the fee for the bridge builder: when he builds the bridge, let him take 10 cubits worth of nogata<моста>; if he repairs an old bridge, then how many spans he repairs, he will take one kuna from the span; and the bridge builder himself rides with the boy on two horses,<брать>4 onions of oats for a week, and eat as much as you want.
98. And this is about inheritance. If a person had children from a robe, then they should not have an inheritance, but they should be given freedom with their mother.
99. If there are small children in the house, and they will not be able to take care of themselves, and their mother gets married, then whoever is a close relative will give them into the hands of acquisitions and the main household until they can take care of themselves to yourself; and transfer the goods in front of people, and that he makes money from these goods by transferring them at interest or by trading, then this is for him<опекуну>, and return the original goods to them<детям>, and the income was for himself, since he fed and took care of them; if there is offspring from servants or from livestock, then all this<детям>get availability; if he wastes anything, then pay those children for it all; if he is a stepfather<при женитьбе>takes the children with the inheritance, then the same condition.
100. And the father’s courtyard without division is always for the youngest son.
101. About the wife, if she is going to remain a widow. If the wife intends to remain a widow, but squanders her property and gets married, then she must pay everything<утраты>children.
102. If the children do not want her to live in the yard, and she acts of her own free will and remains, then fulfill in any way<ее>freedom, but not to give children freedom; and what her husband gave her is what she should stay with<на дворе невыделенно>or, taking your part, stay<на дворе выделение>.
103. And on<выделенную>Children have no rights to part of their mother’s property, but whoever the mother gives them should take; if he gives it to everyone, then let everyone share; if she dies without a will, then whoever had it in the yard and who fed it, then take it<ее имущество>.
104. If one mother has children from two husbands, then one will inherit their father’s inheritance, and the other will inherit theirs.
105. If the stepfather squanders some of the stepsons’ father’s property and dies, then return<утраченное>brother<сводному>, that's what people are for<свидетелями>they will think that his father squandered it as a stepfather; and as for<имущества>his father, then let him own it.
106: And let the mother give hers<имущество>to that son who was<к ней>good, whether from the first husband or from the second; if all her sons are bad to her, then she can give<имущество>daughter who feeds her.
107. And these are court fees. And these are court fees: from a vira - 9 kunas, and from a blizzard - 9 veks, and from<тяжбы>about the side section - 30 kn, and from all other litigation, whoever gets help<судебные исполнители>- 4 kunas each, and the snowstorm - 6 veks.
108. About inheritance. If the brothers sue before the prince about the inheritance, then the child who goes to divide them will take the hryvnia kun.
109. Fees for the execution of a judicial oath. And these are the fees for the execution of a judicial oath: from a murder lawsuit - 30 kunas, and from a lawsuit about a side plot - 30 kunas minus three kunas; the same applies to litigation over arable land. And from litigation for freedom - 9 kun.
110. About servitude. Complete servility of three types: if someone buys at least half a hryvnia, presents witnesses and gives a nogat in front of the serf himself; the second type of servitude: marrying a robe without a contract, if with a contract, then as agreed, so be it; and this is the third type of servitude: service as a tiun without a contract or if<кто>he will bind the key to himself without an agreement, but if with an agreement, then as they agree, that’s where it stands.
111. But for a dacha one is not a slave, nor for bread one is turned into a slave, nor for what is given in addition<дачи или хлеба>; but if<кто>does not fulfill the established period, then return to him what was received; If it works, then you are not obliged to do anything more.
112. If a slave runs away and the master announces this, if someone, hearing about this or knowing that he is a slave, gives him bread or shows him the way, then pay him 5 hryvnia for the slave, and 6 hryvnia for the robe.
113. If someone catches someone else’s slave and lets his master know, then he will receive a hryvnia for the capture; if he does not guard him, then pay him 4 hryvnia, and the fifth for the capture is credited to him, and if there is a robe, then<платить>5 hryvnia, and the sixth for the capture is credited to him.
114. If someone himself finds his slave in any city, and the mayor tells him<холопе>didn't know when<господин>will tell him that<господину>you should take a youth from the mayor, go and tie up this slave and give the youth a binding duty of 10 kunas, but there is no reward for capturing the slave; if he misses it<господин>, pursuing a slave, then he himself loses, but no one pays for this, and there is no reward for the capture either.
115. If someone, not knowing what<некто>is someone else's slave, hides him, or tells him news, or keeps him at home, and he leaves him, then he should go to the court oath,<утверждая>that I didn't know<того>that he is a slave, but there is no payment in this.
116. If a slave somewhere received money by deception, and he<человек>gave money without knowing it, the master either ransomed it or lost this slave; if<тот человек>gave<деньги>, knowing<что тот являлся холопом>, then he will lose money.
117. If someone lets his slave into trading business, and he borrows money, then the master should redeem him and not be deprived of him.
118. If someone buys someone else’s slave without knowing<того>, then the first master should take a slave, and the one<кто купил>, take money<обратно>, swear that he bought it out of ignorance, but if he bought it knowing this, then his money will be lost.
119. If a slave runs away<от господина>, will purchase the goods, then Mr.<платить>duty, lord<принадлежит>and goods, but not to lose the slave.
120. If someone ran<от господина >, and steals something or goods from neighbors, then the master should pay for it what is due for what he took.
121. If a slave robs someone, then ransom him to his master or give him away with the one with whom he stole, and to his wife and children<отвечать>No need; but if they stole and hid with him, then everyone<их>give them away or the master redeems them again; if freemen stole and hid with him, then they pay the prince a court fine.
Origin
The conventional name of the ancient Russian legal collection, which was preserved only in lists (copies) of the 13th-15th centuries and later. Similar to numerous early European legal collections, for example, “ Salic truth» - collection of legislative acts Frankish state. Also known Ripuarskaya and Burgundian truth, compiled in the V-VI centuries. n. e., etc. K Barbaric truths These include Anglo-Saxon legal codes, as well as Irish, Alemannic, Basar and some other legal collections. The name of these collections of Pravda laws is controversial. In Latin sources Lex Salica- Salic law. The question of the time of origin of its oldest part in science is controversial. Some historians even date it back to the 7th century. However, most modern researchers associate the Most Ancient Truth with the name of the Kyiv prince Yaroslav the Wise. The approximate period of its creation is 1019-1054. The norms of Russian Truth were gradually codified Kyiv princes based on oral tribal law, with the inclusion of aspects of Scandinavian and Byzantine law, as well as church influence. As I.V. believes Petrov, Russian truth “was the final codified result of the evolution of Old Russian law,” which went through several stages in its development.
Main editions of Russkaya Pravda
“Reading the Russian Truth to the people in the presence of Grand Duke Yaroslav” (Painting by Alexei Kivshenko)
Traditionally, the numerous surviving versions of “Russian Truth” are divided into 3 main editions, which differ in many respects, and are called “Brief” (6 lists), “Long” (more than 100 lists) and “Abbreviated” (2 lists), which is an abbreviated version "Long-form" edition.
Brief edition consists of the following legal texts:
- « Yaroslav's truth", from or g. (vv. 1–18);
- "The Truth of the Yaroslavichs" ( Izyaslav , Svyatoslav , Vsevolod), from the city (vv. 19–41);
- « Pokon Virny» - determination of order feeding virniks (princely servants, collectors Virs), 1020s or 1030s gg. (v. 42);
- “Lesson for bridge workers” - regulation of wages for bridge workers - builders pavements, or, according to some versions, builders bridges - 1020s or 1030s gg. (v. 43).
"A Brief Truth" consisted of 43 articles. Its first part, the most ancient, also spoke about the preservation of the custom blood feud, about the absence of a sufficiently clear differentiation of the size of court fines depending on the social status of the victim. The second part (Articles 19–43) reflected the further development of landowning relations: blood feud was abolished, the life and property of landowners were protected by increased penalties.
Lists "Dimensional Truth" found in lists of church laws, in chronicles, in articles from Holy Scripture of a judicial and legislative nature (“Righteous Standards”). The “Long Truth” consisted of two parts - the Prince’s Charter Yaroslav the Wise and the Charter Vladimir Monomakh, included in the “Short Pravda” with later changes and additions to the Charter adopted during the reign of Vladimir Monomakh, after the suppression of the uprising in Kyiv, the “Long Pravda” was compiled in XII V. It was used by ecclesiastical judges when considering secular cases or litigation. It was significantly different from The Brief Truth. Number of articles - 121. This code reflected further social differentiation, privileges of landowners, dependent position Smerdov , procurement, lack of rights serfs. "Vast Pravda" testified to the process of further development of landowner agriculture, paying much attention to the protection property rights for land and other property. In connection with the development of commodity-money relations and the need for their legal regulation, “Long-Range Pravda” determined the procedure for concluding a number of agreements and transferring property by inheritance.
"Abridged Truth" belonged to a much later period. Historians believe that it developed in XV century. V Moscow state after the annexation of the territory Great Perm. According to Tikhomirov, it was written exactly there, which was reflected in the cash account.
Sources of law
- Legal customs;
- Arbitrage practice;
- Church statutes. (Christian norms)
Criminal law "Russian Truth"
Russian truth distinguishes unintentional murder, “in a wedding” or “offense”, from that committed with premeditated intention, “in robbery”; a crime that exposes evil will from offenses committed out of ignorance; an action that causes physical harm or threatens life, for example, the cutting off of a finger, a blow with a sword, which is not accompanied by death, although it causes a wound, is distinguished from an action that is less dangerous, but insulting to honor: from a blow with a stick, pole, palm, or if a mustache or beard is pulled out, and for the latter actions he punishes penalties four times more than for the first ones; a blow with the flat of a sword in a fight was punishable by a greater punishment than a blow with the edge: it was more offensive, since it meant that the enemy was not considered an equal. At the same time, “Russkaya Pravda” contains clear traces of the principle of responsibility characteristic of traditional societies - “ blood feud" Already in Art. 1 CP says “If a husband kills his husband, then take revenge on his brother’s brother, either on a father or on a son, or on a brother’s child, or on a brother’s son.”
Complicated punishments for the most serious crimes: for robbery , arson And horse stealing the criminal was not subject to a certain monetary penalty in favor of the prince, but to the loss of all property with imprisonment.
Princely penalties and private rewards represent a whole system in Russian Pravda; they were calculated on hryvnia kun. For murder, a fine was levied in favor of the prince, called Viroy, and a reward in favor of the relatives of the murdered man, called headiness. The vira was threefold: a double kun of 80 hryvnia for the murder of a prince’s husband or a member of the senior prince’s squad, a simple one of 40 hryvnia for the murder of a simple free person, a half or half-virye of 20 hryvnia for the murder of a woman and serious injury, for cutting off an arm, leg, nose, for damage to the eye. The murder was much more varied, depending on the social significance of the murdered person. Thus, blazing for the murder of a prince’s husband was equal to double vira; blazing for a free peasant was 5 hryvnia. For all other criminal acts, the law punished with sale in favor of the prince and a lesson for insult in favor of the victim.
Estates
By the 9th century, the time of formation Old Russian state, the Eastern Slavs established the ownership of the land by the nobility and developed social groups- aristocratic landowners and peasants dependent on them. The ruling class of feudal lords included the Kyiv princes, local (tribal) princes, communal nobility (boyars), the elite of the service people, and the squad of princes. According to Doctor of Historical Sciences A. A. Gorsky, in the 9th century. and later in Rus', feudalism of the Western European model as such had not yet developed, but there was a system of championing. The ruling class was not the communal nobility, about which we have no information, but a corporation of squads headed by the prince. The boyars were representatives and descendants of the “senior” squad, and not the communal nobility.
After adoption in the 10th century. Christianity, a significant part of the land was concentrated in the hands of the church, monasteries, and clergy. Another category of feudal lords appeared - palace servants, service people who received land for service and for the duration of their service.
As the power of the nobility increased, the political rights of appanage princes grew. They received immunities from the grand dukes, were exempted from paying tribute, acquired the right to have a squad, judge the population dependent on them, and collect taxes. At the same time, a right (right-privilege) arose, protecting the position of the nobility. Russian Pravda defined a number of privileges: increased punishment for killing a feudal lord or causing property damage to him, broader rights to transfer property by inheritance, including to daughters.
The class of dependent peasants developed in various ways. The process of enslavement led to the fact that there were almost no free peasants. The main group of the peasantry were stinkers, who lived in a community, had their own house, farm, plot of land for use. Dependence on the landowner could be greater or less, but mainly it manifested itself in the obligation to pay taxes and serve various duties. The life and property of smerds were protected by law to a much lesser extent compared to landowners. Their property, in the absence of sons, was not inherited by married daughters, but became the property of the master. Only unmarried daughters received part of the property. Smerdas were subject to trial by the prince, his assistants, and the church (if they lived on its land).
The position of smerds cannot be defined as serfdom. They were not attached to the land or the person of the landowner, but their dependent state is not in doubt.
Another category of the population was procurement- smerds who found themselves in a difficult economic situation, who borrowed property from their master and guaranteed its return as if by a self-mortgage. Zakup worked on the master’s farm and could not leave him until he repaid the debt (otherwise he would be transferred to a complete, “white-washed” serf). But the purchase had some rights and protection of the law.
There were other categories of the population - outcasts, people who came from communities, forgiven people are those who fall under the so-called “patronage”, the patronage of the church, monasteries, secular landowners, and are obliged to work on their farms.
Along with the dependent population, the ruling classes also exploited slaves ( serfs). Russian Truth also calls them servants. The most ancient sources of servitude were captivity and birth from a slave. But Russian Truth also pointed out others: self-sale into slavery, marriage with a slave, entering the service (tiuns, key workers), “without a row” (that is, without any reservations), bankruptcy. A slave could be a runaway purchaser or a person who committed a serious crime.
Articles of Russian Pravda testified to the situation of slaves. For the murder of a slave, his master was paid compensation of only 5 hryvnia, for a slave - 6 hryvnia. For a stolen slave, the gentleman received 12 hryvnia. A slave was most often considered an object of law, and the owner was responsible for him.
As crafts and trade developed, cities arose, the size of the urban population increased, from which the rich elite stood out - the “best” people. The urban population was freer than the peasantry. The life and property of townspeople were protected by norms that applied to full-fledged free people. Russkaya Pravda respectfully calls “gridins”, “merchants”, artisans, moneylenders.
Property relations, Law of obligations
In Russian Pravda there are concepts: giving of property for storage (deposit), simple loan, disinterested loan, favor of friendship, giving money in growth from a certain agreed percentage, short-term and long-term interest-bearing loan, trade commission, contribution to a trading company enterprise. In Pravda, there is a certain procedure for collecting debts from an insolvent debtor during the liquidation of his affairs, that is, the procedure for a trade competition distinguishing between malicious and unfortunate insolvency. There are several types of credit turnover.
Procedural law
Old Russian law did not yet know a clear distinction between criminal and civil proceedings, although, of course, some procedural actions could only be applied in criminal cases. In any case, in both criminal and civil cases, an adversarial (accusatory) process was used, in which the parties have equal rights and themselves are the engine of all procedural actions. Even both parties in the process were called plaintiffs.
Stages of the process according to Russian truth
- "Zaklich" meant an announcement about a crime that had been committed (for example, about missing property). The call was made in a crowded place, “at a trade”, the loss of an item that had individual characteristics that could be identified was announced. If the loss was discovered after 3 days from the moment of the call, the one who had it was considered the defendant (Article 32, 34 PP).
- "Vault"(Articles 35-39 PP) resembled a confrontation. The collection was carried out either before the call or within three days after the call. The person from whom the missing item was found had to indicate from whom the item was purchased. The collection continued until it reached a person who was unable to explain where he acquired this thing. Tatem was recognized as such. If the arch extended beyond the boundaries of the locality where the item was lost, it continued until a third party. He was entrusted with the obligation to pay the owner the cost of the thing and the right to continue the arch himself.
- Pursuit of the trail- this is finding a criminal in his tracks. The law provides for special forms and procedures for carrying out this procedural action. If the trail led to the house of a specific person, it is considered that he is the criminal (Article 77 of the Trinity List). If the trail led to the village, responsibility lies rope(community). If the trail is lost on the main road, then the search stops there.
Forensic evidence
In the Old Russian state, a whole system of formal evidence appears:
- Oath. A special type of evidence was the oath - “rota” (Article 22 of the Russian Pravda, Long Edition according to the Trinity List). It was used when there was no other evidence, but, of course, in small cases. The company could confirm the presence of an event or, conversely, its absence. In some cases, external signs and physical evidence had evidentiary value. Thus, the presence of bruises and bruises was sufficient to prove beating;
- Own recognition;
- Witness's testimonies. Old Russian law distinguished between two categories of witnesses - Vidokov And rumors(Articles 18,21,29 of the Russian Pravda, Long Edition according to the Trinity List). Vidoki are witnesses, in the modern sense of the word - eyewitnesses of a fact. Rumors are a more complex category. These are people who heard about what happened from someone else, having second-hand information. Sometimes rumors were also understood as witnesses to the good reputation of the parties. They had to show that the defendant or plaintiff are people worthy of trust. Without even knowing anything about the disputed fact, they simply seemed to characterize one side or another in the process.
- Ordeals- the iron test was used when there was not enough other evidence, and in more serious cases than the water test (Articles 17.22 of the Russian Pravda of the Long Edition according to the Trinity List). Russian Pravda, which devotes three articles to these ordeals, does not disclose the technique for carrying them out. Later sources report that the water test was carried out by lowering a bound person into the water, and if he drowned, he was considered to have won the case.
Punishment according to Russian truth
- Vira(a fine in favor of the relatives of the murdered person. And if there were none, then the vira was given to the prince.). Violation could be single (for the murder of a simple free person) or double (80 hryvnia, for the murder of a privileged person - P.19, 22 KP, Art. 3 PP). There was a special type of vira - “wild” or “common” vira. It was imposed on the entire community. To apply this punishment, it is necessary that the murder committed be simple, non-robbery; the community either does not give up its member suspected of murder, or cannot “remove the trace” of suspicion; a community only pays for its member if he has previously participated in community payments for his neighbors. The institution of “wild” vira performed a police function, binding all members of the community with mutual responsibility.
- Headiness(monetary recovery in favor of the relatives of the murdered person).
- Flow and plunder (capital punishment: for murder by robbery (Article 7 of the PP), arson (Article 83 of the PP) and horse theft (Article 35 of the PP). Punishment included confiscation of property and extradition of the criminal (along with his family) “with his head" , that is, into slavery.
- Lesson (tribute)(monetary compensation for damage caused to the victim).
- Sale (fine in favor of the prince for other crimes).
see also
Literature
Arrangements into modern Russian language
- A lengthy edition of the Trinity List of the second half of the 15th century
- Russian Truth - Collection of various editions of Russian Truth and materials related to it
