State and social structure of the ancient Russian state. Social system of the Old Russian state

Introduction 2

Political system of the ancient Russian state 5

Conclusion 15

References 17

Introduction

Power is the ability and opportunity to exercise one’s will, to exert a guiding, determining influence on the activities and behavior of people using the means of authority, law, violence, even despite resistance and regardless of what such an opportunity is based on.

As a phenomenon, power is necessary; it is designed to provide for the needs of human society. State power is called upon to govern, establish legal relations and judge.

Public power in the Old Russian state was initially formed privately in consanguineous societies. It retained its private law character throughout the entire first period. However, awareness of the social role of power appears at the very beginning of history. In the most ancient period of Russian history, the last of the three mentioned functions, i.e., the court, came to the fore; however, both the first ones are already included in the tasks of state power.

The state of the first period, in terms of management tasks, is completely different from the state of subsequent periods, especially the 3rd (when the eye becomes the policeman par excellence). The most ancient state is primarily military.

As for self-government in the Old Russian state, science has not yet formed a consensus on the time of its origin. A number of authors attribute the origin of community self-government in Russia to the formation and development of the communal system among the Slavs, the unification of industrial communities into community unions and urban settlements, and the division of power into central and local.

Other authors date Russian city government from the widespread tradition in early pre-Mongol Rus' (X-XI centuries) of deciding at the veche (from the Old Slavic “vet” - council) the most important issues of public life, up to the invitation or expulsion of the prince. The idea of ​​veche government was most fully realized in two Russian feudal republics - Novgorod and Pskov, liquidated already during the time of Ivan the Terrible, where the veche was considered a body of people's power. The first ideas about social independence come from Novgorod or the Novgorod possessions.

The third group of authors connects the initial stage of the emergence of Russian self-government with the first zemstvo reform of Tsar Ivan IV in the middle of the 16th century. Since that time, the development of individual elements of local self-government in Russia began.

Formation of the Old Russian State.

In the 9th century. at Eastern Slavs the internal prerequisites for the creation of statehood already existed. The tribal system was at the stage of decomposition. The supreme body of the tribe was still the veche, a meeting of all its free members. But there already existed a tribal nobility in the person of several privileged clans, which differed from the mass of community members in social and property terms. From among them, the veche elected leaders (princes) and elders. By the time the state was formed, separate tribal kingdoms already existed. The power of the tribal princes was based on a system of fortifying urban settlements, some of which later turned into real feudal cities. Tribal principalities were still pre-state formations, and tribal leaders were not yet princes in in the truest sense this word.

There were also external prerequisites that contributed to the creation of a state among the Eastern Slavs. The endless steppes stretching between the Black Sea and the forest belt of the Russian Plain have long been the highway to Europe for warlike nomads, whose hordes were driven out of Asia every one and a half to two centuries. Many nomadic tribes tried to gain a foothold in these lands, but settled Slavic farmers were ready to stubbornly defend the fertile arable land, which yielded huge harvests.

The constant struggle with nomads contributed to the unification of the East Slavic tribes into the Old Russian people. In essence, the Kiev state emerged in the fight against external enemies and later became truly a “form of survival” in the constant struggle with the Steppe.

In 882, according to the chronicle, the Novgorod prince Oleg, having previously occupied Smolensk and Lyubech, took possession of Kiev and proclaimed it the capital of his state. “Behold, be the mother of the Russian city,” the chronicler put the words into Oleg’s mouth. Oleg himself began to be titled Grand Duke. 1 Thus, 882, when Northern Rus' (Novgorod) and Southern Rus' (Kyiv) united under the rule of one prince, became a turning point in the destinies of the Eastern Slavs. The unification of the two most important centers for the great waterway“from the Varangians to the Greeks” gave Oleg the opportunity to begin subjugating other East Slavic lands to his power. So it began Long procces consolidation of individual tribal principalities of the Eastern Slavs into a single state.

Higher political power in Kievan Rus was represented by the Grand Duke. He acted as legislator, military leader, supreme administrator and supreme judge. Since the time of the first Russian princes, known from the chronicles, Rurik and Oleg, princely power became individually hereditary, and this gave it legitimacy in the eyes of its contemporaries. The idea of ​​the chosenness of people belonging to the princely family was affirmed. Gradually, the power of the prince began to be perceived as state power. By the end of the 10th century, the Kiev state acquired the features of an early feudal monarchy. The adoption of Christianity by Russia was of great importance. The Church strengthened the authority of the prince, considering his power as God-given. In 996, a council of Russian bishops solemnly declared to Prince Vladimir Svyatoslavich: “You have been appointed by God to be executed by the evil, and by the good to mercy.”

Political system of the ancient Russian state

The political system of Kievan Rus became the subject of scientific research back in the 18th century. In pre-revolutionary historiography, Kievan Rus was primarily viewed as a distinctive society and state, developing in a different way than Europe or Asia. N.P. Pavlov-Silvansky was the first Russian historian to try to prove the presence in Russian history of a feudal period similar to Western feudalism. Since the 30s. XX century Soviet historiography affirms the idea of ​​the Old Russian state as an early feudal monarchy. Despite the critical attitude of a number of scientists of the Soviet and post-Soviet times to this concept (S.V. Bakhrushin, S.V. Yushkov, I.Ya. Froyanov), it still dominates in historical works.

The early feudal monarchy grew out of tribal relations and was characterized by the weakness of the central government, fragmentation of the territory and the preservation of significant remnants of tribal self-government. This form of government existed in some European countries - in the Frankish state, the Anglo-Saxon kingdom, and the German Empire. In the political system of Kievan Rus one can also find signs characteristic of this type of statehood.

At the head Old Russian state stood Grand Duke Kiev, which owned the highest economic, administrative, judicial and military power. He, however, was not the sole ruler of the state, and his power had not yet acquired a clearly hereditary character. There were various ways to replace the grand ducal throne: inheritance, violent seizure, and finally, election by the veche. The latter method, however, was of an auxiliary nature: the election of a prince by the veche usually only reinforced his inheritance or usurpation of power.

The prince ruled with the help of a squad, divided into senior (“boyars”, “men”) and junior (“gridi”, “youths”, “children”). The senior squad was actually the princely council. Together with her, the prince made decisions about campaigns, collecting tribute, building fortresses, etc.

The Boyar Duma subsequently grew out of it. The squad was supported by the prince at his own expense: from the spoils from conquests, deductions from tribute and court fees. Princely feasts were a means of uniting the warriors and maintaining the authority of the prince among them. State affairs were discussed at them, disputes and conflicts between combatants were resolved, and positions were distributed. In the depths of the druzhina organization, even before the formation of the Old Russian state, the so-called decimal or numerical system of government developed, which later spread to cities and communities: the population was divided into tens, hundreds, thousands, led by tens, sots, and thousand, respectively.

The prince's closest relatives - brothers, sons, nephews - formed a special aristocratic stratum that stood above other warriors. Some of them had their own squads. Occupying the Kiev table, the new prince usually united his own squad with the squad of his predecessor.

To collect tribute from the subject population, the Kyiv princes undertook special campaigns - polyudye. Initially, tribute was collected in furs, from the 11th century. Monetary tribute prevailed. For a long time the tribute was not standardized, and its size was determined either by the appetite of the prince and his warriors, or by the possibility of using tribute as a means of putting pressure on rebellious subjects. The establishment of tributary relations meant the entry of one or another territory into the Old Russian state, and polyudye itself was a way of governing the country in the absence of a developed state apparatus, since the princes settled conflicts on the spot, held court, resolved border disputes, etc.

Gradually, from the warriors and people personally dependent on the prince, a princely administration was formed, the most important role in which belonged to the prince’s local representatives: posadniks (governors) - in cities and volostels - in rural areas. They did not receive a salary for their service and were supported by taxes from the population - the so-called feed. This system was called feeding, and the officials were called feeders.

The princely household was managed by a noble 2. He was helped by tiuns, appointed from the prince's courtyard servants. They were also present at the court of the prince or mayor and even often replaced them in court. The tax collectors kept track of the collected tribute, the trade duty - “wash” - was collected by the mytniki, the fine for murder - “viru” - by the virniki, the duty for the sale of horses - “spot” - by the stainers.

Despite some growth in the princely administration, the state apparatus of the Old Russian state remained primitive. State and palace functions had not yet been separated from each other and were performed by the same persons.

The development of feudal relations contributed to the strengthening of the positions of local feudal lords - princes and boyars. Their status as large patrimonial owners combined the right to land and the right to power. Being vassals of the Grand Duke, they were obliged to serve him. At the same time, they were complete masters in their estates, had the right of immunity, that is, they carried out some state functions in their possessions and could have their own vassals.

Thus, the so-called palace-patrimonial management system is finally taking shape, in which two control centers are distinguished - the princely palace and the boyar patrimonial estate, power is divided between large land owners - the prince and the boyars, and the implementation of the most important state functions is entrusted to their representatives, who are also officials persons and managers of patrimonial farms. The state apparatus actually coincided with the apparatus for managing the princely and boyar estates.

There were no judicial bodies as special institutions in the Old Russian state. Justice was administered by the prince or his representatives on the basis of customary law and the norms of Russian Truth. As patrimonial land ownership became established and boyar immunity was established, the importance of the boyar court over dependent peasants grew. The transformation of Christianity into the state religion led to the emergence of ecclesiastical jurisdiction that extended to the clergy. Test >> History

... : “The Church as an element political systems Old Russian states" Discipline: History of the Patriotic states and rights. The student completed... himself in the names of residents, in proverbs and signs, in build thinking, in the obligatory corner of the hut, his...

It is worth noting that the social system of the ancient Russian state can be called quite complex, but the features of feudal relations were already visible here. At this time, feudal ownership of land began to form, which entailed the division of society into classes - feudal lords and, accordingly, peasants who were always dependent on them.

Features of the social system

The princes were considered the largest feudal lords. There were even entire princely villages where peasants who were dependent on the upper strata of the population lived. Boyars can also be classified as large feudal lords. We are talking about the feudal aristocracy, which grew rich through predatory wars and exploitation of the labor of peasants.

When Christianity was introduced, monasteries and the church could be considered collective feudal lords. The church gradually became richer in land, and was also given a tenth of the population's income.

As for the lower layer of feudal lords, this included servants and warriors, who were formed from both free people and slaves. Sometimes such people could become exploiters, having received land with the peasants from the owner as a reward for their service. Such historical source how Russian Truth talks about equating warriors with boyars, contrasting them with smerds.

The main privilege of a feudal lord is the right to land, as well as exploitation. It is interesting that the life of the feudal lord was also quite well protected: if there was an encroachment on them, then the law could establish the highest penalty.

The smerdas were main mass population who were constantly working. If we talk about their living conditions, they lived in communities. The rope was connected by a mutual guarantee, as well as a system of some kind of mutual assistance.

In addition, in the state of Ancient Rus' there was a figure of the purchaser - the feudal-dependent peasant. Such a person had his own farm, but difficult life situation forced him to go to the master in the so-called bondage. Such a peasant received money from the owner in exchange for physical work. But the purchase worked for the owner only for the interest that he owed, so he could not pay him for life. The purchase was also responsible for damage that could have been caused to the gentleman due to negligence. If the purchase ran away, he could turn into a slave.

In addition, the social structure of the ancient Russian state also distinguishes servants, which include unfree women and men. This segment of the population was almost completely powerless. Servants resemble slaves, although there was no enslavement in the Old Russian state.

Among the population of cities, merchants and artisans were distinguished. It is worth noting that the cities were considered real centers of culture. But the village was considered illiterate for a long time.

What was the political system of the ancient Russian state?

In the Old Russian state there were estates. We are talking about a large group of people who are united by unity legal status. More specifically, this state was multi-ethnic. The state of ancient Rus' was a monarchy, headed by a prince. It was this prince who possessed the supreme legislative power in the state. The princes received important laws according to the type of Yaroslav's Truth, Vladimir's Charter. The princes were heads of administrations, concentrating executive power in their hands.

If we talk about external functions, they were performed both diplomatically and with the help of weapons. At that time, various treaties were signed with other nations. The prince was guided by the opinions of those around him, which led to the emergence of councils. At that time there were also popular assemblies called Veche. Originally there was a decimal, numerical system of government that grew out of a military organization. Such a system could separate local government from central government.

The church has become an important element political system states. The head of the church was the metropolitan. This is exactly what the political system was like ancient Rus'.

Video: Old Russian statehood

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Like other states of this type, Kiev Rus' IX-X centuries did not represent a monolithic whole, but was a mechanical connection of lands with different levels of economic and cultural development. In some of them, local princely dynasties were preserved: among the Drevlyans - until the middle of the 10th century, among the Vyatichi and Radimichi - until the beginning of the 11th century. The Polotsk land retained its identity and independence.

The head of the Old Russian state was the Grand Duke of Kiev. In his name, treaties between Rus' and other countries were concluded; his power was supreme. From the agreements with the Greeks it follows that “under the hand” of the Russian Grand Duke were the “bright and great princes” who sat in major cities Rus', and the “great boyars”. These were representatives of local princes and the old “deliberate child”. Like the Kyiv prince, they had their own courts, their own squads, and sent their ambassadors as part of national embassies when concluding treaties with foreign states.

The local agricultural nobility, together with the highest layer of the princely squad, constituted the environment that, together with the prince, ruled the state.

Struggling to strengthen their power, the Kyiv princes sought to remove the local “princes” from governing certain regions and replace them with their proteges. Olga took a decisive step in this regard. She abolished tribal kingdoms and installed her own administration everywhere. It is noteworthy that in the treaty of Svyatoslav with the Greeks (972) there are no longer “bright and great princes” sitting “at hand” Prince of Kyiv. It speaks only about the boyars - “who are the essence of Rus' under me, the boyars and others.” The “Bright and Grand Dukes” became the boyars of the Kyiv prince. Under Vladimir, his sons sat as assistants in the large centers of Russia. It strengthened internal communications Old Russian state.

With the formation of the state, the army became an accessory not people's militia, and the apparatus is in state power.

The main role under the prince was played by the squad surrounding him. He went hiking with her; captured and divided the spoils, brought new lands under his rule, and collected tribute. The prince's servants and assistants in managing his household and state came from the druzhina environment.

The squad was sharply divided into two parts (layers) - the senior squad (boyars, princely men) and the younger squad (gridi, youths, children). The senior squad, consisting of the most noble representatives of the nobility, as well as advanced warriors, was the prince’s closest circle. The most important matters - military and internal - were decided by the Kiev prince in council with the senior squad. With her, he “thought about the earthly system and about the army and about the charter of the earthly women. The prince had to take into account the opinion of the squad. In case of disagreement with the prince, the squad could refuse to participate in one or another enterprise of the prince.

The social status of the senior warrior, according to Russian Pravda, is characterized by the fact that 80 hryvnia were exacted for murder, and only 40 hryvnia for a gridi or swordsman.

The most prominent of the senior warriors, such as Sveneld, had their own squad under Igor and went on campaigns with their own armed forces.

Representatives of the senior squad were entrusted with essential functions state, patrimonial and princely administration.

The main source of material support for the warriors at first was military booty and especially tribute, which the prince shared with his servants. The largest of them received from the prince the right to collect tribute from vast areas in their favor.

The population subject to the prince was obliged to pay him tribute. The oldest type of tribute collection was polyudye. The prince, together with his retinue, traveled around the lands of his household and collected tribute from them. Its size was determined by the needs of the prince and his squad, which, of course, could not but give rise to conflicts between the prince and the population. A striking example Polyudia can be traced back to Igor’s campaign for tribute in the Drevlyan land, which cost him his life. Under Olga, the collection of tribute was streamlined. Tribute norms were established - “lessons” and administrative and financial management centers were created. These centers were some “cemeteries” and “places” (villages). Here were the princely men who were in charge of collecting tribute, court fees and administering justice on the basis of “Russian law.” Tribute was brought here by the population of the surrounding area. The tribute was collected from the “smoke” or “rala” (plough), that is, from an individual farm.

In addition to tribute, the population contributed to the state various kinds duties. It was obliged to participate in military campaigns, deliver supplies, build fortresses, etc.

The Old Russian state had large military forces. They consisted, on the one hand, of a professional army - the squad of the prince and the squads of his vassals, and on the other hand - of the people's militia "warriors". The howls were an undoubted remnant of the times of military democracy, when the army consisted of the entire armed people. As feudal relations developed, the importance of the people's militia steadily declined. But in the early feudal period, the howls constituted a large, perhaps the main, force of the Kyiv army. The Voy were an irregular army, recruited as needed. The warriors fought on horseback, while the warriors formed a foot army.

The army of the Old Russian state was organized according to the decimal system. It was divided into thousands, hundreds, tens. The commanders of these units bore the corresponding names: ten's, sot's, thousand's. The head of all military forces of the state was the prince.

The armament of the ancient Russian army consisted of swords, sabers, spears, battle axes, iron arrows, and long forged shields. The warriors had metal helmets, the nobility wore steel chain mail. A witness to the struggle of the Greeks with Svyatoslav, Leo the Deacon, reports that the Rus had throwing weapons that fired stones.

Along with the ground forces, the Rus had a large navy, with the help of which they undertook bold sea ​​voyages across the Black, Azov and Caspian seas. The Old Russian fleet consisted of ships hollowed out of large trees and lined with boards along the sides.

Political system of the Old Russian state

3. STATE AND POLITICAL SYSTEM OF THE ANCIENT RUSSIAN STATE

S.V. Yushkov believed that the Old Russian state arose and existed for some time as a pre-feudal state. Modern researchers mostly consider this state to be early feudal from the very beginning. As such, he had certain characteristic features.

Organization of state unity. This problem caused great controversy both in pre-revolutionary and modern literature. Some authors even argue that in the 9th century. There was no single Old Russian state at all, but only a union of tribal unions. More cautious researchers believe that from the 9th to the middle of the 10th century. we can talk about a union of local principalities, i.e. states Some people believe that federation took place, although this institution is not characteristic of a feudal state, but arises only in a bourgeois and socialist state. At the same time, they claim that the federation existed not only on initial stage development of the Old Russian state, but also throughout its history.

It seems that the point of view of S.V. looks more convincing. Yushkov, who believed that the Old Russian state was characterized by a system of suzerainty-vassalage relations typical of early feudalism, suggesting that the entire structure of the state rested on the ladder of the feudal hierarchy. The vassal depends on his lord, who depends on a larger lord or supreme overlord. Vassals are obliged to help their lord, first of all, to be in his army, and also to pay him tribute. In turn, the lord is obliged to provide the vassal with land and protect him from the encroachments of neighbors and other oppression. Within the limits of his possessions, the vassal has immunity. This meant that no one, including the overlord, could interfere in his internal affairs. The vassals of the great princes were local princes. The main immune rights were: the right to collect tribute and the right to hold court with the receipt of appropriate income.

State mechanism. The Old Russian state was a monarchy. At its head was the Grand Duke. The supreme legislative power belonged to him. There are known major laws issued by the Grand Dukes and bearing their names: the Charter of Vladimir, the Truth of Yaroslav, etc. The Grand Duke concentrated executive power in his hands, being the head of the administration. The grand dukes also performed the functions of military leaders; they themselves led the army and personally led the army into battle. At the end of his life, Vladimir Monomakh recalled his 83 great campaigns. Some princes died in battle, as happened, for example, with Svyatoslav.

External functions The grand dukes carried out states not only by force of arms, but also by diplomatic means. Ancient Rus' stood at the European level of diplomatic art. It concluded various kinds of international treaties - military, trade and other nature. As was customary then, contracts had oral and written forms. Already in the 10th century. The Old Russian state entered into contractual relationship with Byzantium, Khazaria, Bulgaria, Germany, as well as with the Hungarians, Varangians, Pechenegs, etc. Diplomatic negotiations were headed by the monarch himself, as was the case, for example, with Princess Olga, who traveled with an embassy to Byzantium. The princes also performed judicial functions.

The figure of the prince grew out of the tribal leader, but the princes of the period of military democracy were elected. Having become the head of state, the Grand Duke transfers his power by inheritance, in a direct 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 the opinion of those close to them. This is how a council under the prince was formed, which was not legally formalized, but had a serious influence on the monarch. This council included the close associates of the Grand Duke, the top of his squad - the princes and men.

Sometimes in the Old Russian state feudal congresses and congresses of the top feudal lords were also convened, resolving inter-princely disputes and some other important matters. According to S.V. Yushkov, it was at such a congress that the Yaroslavich Truth was adopted.

In the Old Russian state there was also a veche, which grew out of the ancient people's assembly. There is debate in science about the prevalence of veche in Rus' and its significance in individual lands. The high activity of the meeting in Novgorod is undeniable; As for his role in the Kyiv land, the sources do not allow us to answer this question unambiguously.

Initially, in the Old Russian state there was a decimal, numerical system of government. This system grew out of a military organization, when the heads of military units - tens, sots, thousand - became leaders of more or less large units of the state. Thus, Tysyatsky retained the functions of a military leader, while Sotsky became a city judicial and administrative official.

The decimal system did not yet separate central government from local government. However, later such differentiation arises. In the central administration, the so-called palace-patrimonial system is emerging. It grew out of the idea of ​​combining the management of the grand ducal palace with state administration. In the grand-ducal household there were various kinds of servants who were in charge of satisfying certain vital needs: butlers, grooms, etc. Over time, the princes entrust these persons with any spheres of management, one way or another connected with their initial activities, provide them for this necessary funds. Thus a personal servant becomes statesman, administrator.

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 received “food” from the population for their service. This is how the feeding system developed.

The basis of the military organization of the Old Russian state was the grand ducal squad, which was relatively small. These were professional warriors who depended on the favors of the monarch, but on whom he himself also depended. They usually lived in or around the princely court and were always ready to go on any campaigns in which they looked for booty and entertainment. The warriors were not only warriors, but also advisers to the prince. The senior squad represented the top of the feudal lords, which to a large extent determined the policy of the prince. The vassals of the Grand Duke brought with them squads, as well as a militia from their servants and peasants. Every man knew how to wield a weapon, albeit a very simple one at that time. Boyar and princely sons were already mounted on horses at the age of three, and at the age of 12 their fathers took them on a campaign.

Cities, or at least their central part, were fortresses, castles, defended, if necessary, not only by the princely squad, but also by the entire population of the city. To defend against the Pechenegs, Vladimir Svyatoslavich built a chain of fortresses on the left bank of the Dnieper, recruiting garrisons for them from the northern Russian lands.

Princes often resorted to the services of mercenaries - first the Varangians, and later the steppe nomads (Karakalpaks, etc.).

In Ancient Rus' there were no special judiciary. Judicial functions were performed by various representatives of the administration, including, as already mentioned, the Grand Duke himself. However, there were special officials who assisted in the administration of justice. Among them we can name, for example, the Virnikov - persons who collected criminal fines for murder. The Virnikovs were accompanied by a whole retinue of minor officials. Judicial functions were also carried out by church bodies. There was also a patrimonial court - the right of the feudal lord to judge the people dependent on him. The judicial powers of the feudal lord formed an integral part of his immunity rights.

Public administration, wars, and the personal needs of the princes and their entourage required, of course, a lot of money. In addition to income from their own lands and from the feudal exploitation of peasants, the princes also established a system of taxes and tribute.

The tribute was preceded by voluntary gifts from tribe members to their prince and squad. Later, these gifts became a mandatory tax, and the payment of tribute itself became a sign of subordination, which is where the word subject was born, i.e. under tribute.

Initially, tribute was collected by polyudya, when princes, usually once a year, traveled around the lands under their control and collected income directly from their subjects. The sad fate of Grand Duke Igor, killed by the Drevlyans for excessive extortions, forced his widow, Princess Olga, to streamline the system of collecting state revenues. She established the so-called graveyards, i.e. special tribute collection points. There are other ideas about graveyards in science.

A system of various direct taxes, as well as trade, judicial and other duties, has developed. Taxes were usually collected in furs, but this does not mean that they were only natural. Marten fur, squirrels were certain monetary unit. Even when they lost their marketable appearance, their value as a means of payment did not disappear if they retained the princely sign. These were, as it were, the first Russian banknotes. Rus' did not have its own deposits of precious metals, so already from the 8th century. enters into circulation along with furs foreign currency(dirhams, later denarii). This currency was often melted down into Russian hryvnia.

The church, closely connected with the state, became an important element of the political system of ancient Russian society. Initially, Vladimir Svyatoslavich streamlined the pagan cult, establishing a system of six gods led by the god of thunder and war - Perun. Then, however, he baptized Rus', introducing the Christian religion, the most convenient for feudalism, preaching the divine origin of the power of the monarch, the obedience of the working people to the state, etc.

There is a debate in science about where the new religion came to us from. According to chronicle legend, Vladimir, before changing the religions of his ancestors, called representatives different countries and different churches. From Khazar Khaganate, where, as we remember, the elite of society professed Judaism, apologists of this religion arrived. Defenders of Islam arrived from Volga Bulgaria. But all were defeated by Christian missionaries, who convinced the Grand Duke of Kyiv of the advantages of their religion and church. The result of Vladimir’s thoughts is known. However, it is debatable where exactly the Christian preachers came from. The most common belief is that these were Byzantine missionaries. However, some researchers suggest that Christianity came to us from Danube Bulgaria, Moravia, and even Rome. There is also a version that the introduction of Christianity was also not without the Varangians; in any case, modern researchers see in Old Russian Orthodoxy not only southern, but also Western European influence.

It is no coincidence that the introduction of Christianity caused stubborn resistance of the people. Even pre-revolutionary authors noted that the baptism of Rus' sometimes took place with fire and sword, as was the case, for example, in Novgorod. Armed resistance to the missionaries also took place in other cities. Of course, not only class, but also purely religious motives were reflected here: people, accustomed for centuries to the faith of their fathers and grandfathers, did not want to live without visible reasons give up on her. This was especially the case in the northern regions of Rus'.

At the head Orthodox Church there was a metropolitan appointed initially from Byzantium, and then by the great princes. In some Russian lands the church was headed by a bishop.

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Stages of development of the Old Russian state

The form of government of the Old Russian state was the early feudal monarchy. The Grand Duke was the eldest (suzerain) in relation to the local princes. He owned the largest and strongest principality...

The concept of “social system” includes: the economic development of the country, the class structure of society, the legal status of classes and social groups population.

Historical, written and archaeological sources indicate that in economic life the main occupation of the Eastern Slavs was agriculture. Both slash-and-burn (in forest areas) and arable (fallow) farming developed.

In the X-XII centuries. There has been a significant increase in cities with a craft and trade population. In the 12th century there were already about 200 cities in Rus'.

In the ancient Russian state, princely, boyar, church and monastic land ownership developed; a significant part of the community members became dependent on the owner of the land. Feudal relations gradually formed.

The formation of feudal relations in Kievan Rus was uneven. In the Kyiv, Chernigov, and Galician lands this process went faster than among the Vyatichi and Dregovichi.

The feudal social system in Rus' was established in the 9th century. As a result of social differentiation of the population, the social structure of society was formed. Based on their position in society, they can be called classes or social groups.

These include:

* feudal lords (great and appanage princes, boyars, churches and monasteries);

* free community members (rural and urban “people” and “people”);

* smerds (communal peasants);

* purchases (a person who has fallen into debt bondage and is working off a “kupa”);

* outcasts (a person who left the community or was freed from servitude by ransom);

* servants and serfs (court slaves);

* urban population (urban aristocracy and urban lower classes);

The dominant class of feudal lords was formed in the 9th century. These included grand dukes, local princes, and boyars. State and personal reigns were not separated, so the princely domain was an estate that belonged not to the state, but to the prince as a feudal lord.

Along with the grand-ducal domain, there was also boyar-druzhina agriculture.

The form of princely agriculture was patrimony, i.e. a form of ownership in which land was inherited.

The appearance in the Long Edition of Russian Pravda, dating back to the end of the 11th and beginning of the 12th centuries, of articles that mention boyar tiuns, boyar ryadovichi, boyar serfs and boyar inheritance allows us to conclude that by this time boyar land ownership had become established.

For a long time, a group of feudal boyars was formed from the richer warriors of the prince and from the tribal nobility. Their form of land tenure was:

1. patrimony;

2. holding (estate).

Patrimonies were acquired by seizing communal lands or by grant and were passed on by inheritance. The boyars received tenure only by grant (for the duration of the boyar's service or until his death). Any land ownership of the boyars was associated with service to the prince, which was considered voluntary. The transfer of a boyar from one prince to the service of another was not considered treason.

The feudal lords include both the church and the monasteries, which, after the adoption of Christianity in Rus', gradually became large landowners.

Free community members made up the bulk of the population of Kievan Rus. The term “people” in Russian Pravda means free, predominantly communal peasants and the urban population. Judging by the fact that in Russian Pravda (Article 3) “lyudin” was contrasted with “prince-husband,” he retained personal freedom.

Free community members were subjected to state exploitation by paying tribute, the method of collection of which was polyudye. The princes gradually transferred the right to collect tribute to their vassals, and free community members gradually became dependent on the feudal lord.

Smerds made up the bulk of the population of the Old Russian state. These were communal peasants. Smerd was personally free, his personal integrity was protected by the prince’s word (Article 78 pp.). The prince could give the smerd land if he worked for him. Smerds had tools of production, horses, property, land, ran a public economy, and lived in communities.

Some communal peasants went bankrupt, turned into “bad scum,” and turned to feudal lords and rich people for a loan. This category was called “purchases”. The main source characterizing the “purchase” situation is Art. 56-64, 66 Russian truth, lengthy edition.

Thus, the “purchases” are peasants (sometimes representatives of the urban population) who have temporarily lost their freedom for using a loan, a “purchase” taken from the feudal lord. He was actually in the position of a slave, his freedom was limited. He could not leave the yard without the master's permission. For attempting to escape, he was turned into a slave.

"Outcasts" were free and dependent. These were:

* former purchases;

* slaves bought into freedom;

* come from free strata of society.

They were not free until they entered the service of their master. The life of an outcast is protected by Russian Truth with a fine of 40 hryvnia.

At the lowest rung of the social ladder were slaves and servants. They were not subjects of law, and the owner was responsible for them. Thus, they were the owners of the feudal lord. If he committed theft, then the master paid. If a slave was beaten, he could kill him “in the dog’s place,” i.e. like a dog. If a slave took refuge with his master, the latter could protect him by paying 12 hryvnia, or give him up for reprisals.

The law prohibited sheltering runaway slaves.

Political system

Let us briefly consider the political system of the Old Russian state.

The concept of government includes:

* issues of state structure;

* political form of government;

* structure and competence of central and local authorities and management;

* military device;

* state judicial system.

The formation of the Old Russian state continued until the first third of the 12th century. It was an integral state based on the principle of suzerainty-vassalage. In terms of the form of government, the ancient Russian state was an early feudal monarchy with a fairly strong monarchical power.

The main characteristics of the ancient Russian early feudal monarchy can be considered:

* economic and political influence of the boyars on central and local authorities;

* the great role of the council under the prince, the dominance of large feudal lords in it;

* the presence of a palace-patrimonial management system in the center;

* availability of a feeding system on site.

It arose at a time when there were no prerequisites for the formation of a centralized state, with poorly developed trade and crafts, and the absence of strong economic ties between individual regions. The feudal lords needed a strong central government to provide cover or support during the seizure of communal and new lands.

The support of the Grand Duke by the feudal lords contributed to the rapid spread of his power over the vast territory of Rus'.

Kievan Rus was not a centralized state. It was a conglomerate of feudal principalities. The Kiev prince was considered a suzerain or "elder". He gave land (flax) to the feudal lords, provided them with assistance and protection. The feudal lords had to serve the Grand Duke for this. If loyalty was violated, the vassal was deprived of his possessions.

The highest authorities in the Old Russian state were the Grand Duke, the prince's council, feudal congresses, and the veche.

The power functions of the Grand Duke of Kyiv during the reign of Oleg (882-912), Igor (912-945) and regent Olga under Svyatoslav (945-964) were relatively simple and consisted of:

* organizing squads and military militias and commanding them;

* protection of state borders;

* carrying out campaigns to new lands, capturing prisoners and collecting tribute from them;

* maintaining normal foreign policy relations with the nomadic tribes of the south, the Byzantine Empire, and the countries of the East.

At first, the Kyiv princes ruled only the Kyiv land. During the conquest of new lands, the Kiev prince in the tribal centers left a thousand led by a thousand, a hundred led by a sotsky, and smaller garrisons led by a ten, which served as the city administration.

At the end of the 10th century, the functions of the power of the Grand Duke underwent changes. The feudal nature of the prince's power began to manifest itself more clearly.

The prince becomes the organizer and commander of the armed forces (the multi-tribal composition of the armed forces complicates this task):

* takes care of the construction of fortifications along the external border of the state, the construction of roads;

* establishes external relations to ensure border security;

* carries out legal proceedings;

* carries out the establishment of the Christian religion and provides financial support for the clergy.

(During this period, popular unrest began. In 1068, Izyaslav brutally suppressed the popular uprising, and in 1113, fearing new unrest, the boyars and bishops summoned Vladimir Monomakh to Kyiv with a strong squad, who suppressed the uprising).

Princely power was exercised locally by mayor, volosts and tiuns. The prince, by issuing laws, consolidated new forms of feudal exploitation and established legal norms.

Thus, the prince becomes a typical monarch. The Grand Duke's throne was passed on first by inheritance according to the principle of "seniority" (to the elder brother), and then according to the principle of "fatherland" (to the eldest son).

The council under the prince did not have functions separate from the prince. It consisted of the city elite (“city elders”), major boyars, and influential palace servants. With the adoption of Christianity (988), representatives of the highest clergy entered the Council. It was an advisory body under the prince to resolve the most important state issues: declaration of war, peace, alliances, publication of laws, financial issues, court cases. The central governing bodies were officials of the princely court.

It should be noted that with the improvement of the system of feudalism, the decimal (thousand, centurion, and ten) system is gradually being replaced by the palace-patrimonial system. The divisions between government bodies and the management of the prince’s personal affairs disappear. The general term tiun is specified: “ognishchanin” is called “tiun-ognishny”, “senior groom” is called “tiun equestrian”, “village and military headman” is called “village and military tiun”, etc.

As the tasks of public administration became more complex, the role of these positions became stronger, the functions became more precise, for example: “voivode” - head of the armed forces; "tiun equestrian" - responsible for providing the princely army with horses; “butler-fireman” - manager of the princely court and performing certain government tasks; "Stolnik" - food supplier.

Feudal congresses (snems) were convened by the grand dukes to decide critical issues external and domestic policy. They could be national or several principalities. The composition of the participants was basically the same as the Council under the Prince, but appanage princes were also convened at feudal congresses.

The functions of the congress were:

* adoption of new laws;

* distribution of lands (fiefs);

* resolving issues of war and peace;

* protection of borders and trade routes.

The Lyubechsky Congress of 1097 is known, which, with a view to uniting efforts in the fight against external enemies, the “order of the world,” recognized the independence of appanage princes (“let each one keep his fatherland”), at the same time called for preserving Rus' by all “one.” In 1100, in Uvetichi, he was engaged in the distribution of fiefs.

The veche was convened by the prince or the feudal elite. All adult residents of the city and non-citizens participated in it. The decisive role here was played by the boyars and the city elite “city elders”. Slaves and people subordinate to the landlord were not allowed to attend the meeting.

It is known that the Drevlyans made the decision to kill Prince Igor for abusing the collection of tribute at their veche.

In 970, the Novgorod veche invited Vladimir Svyatoslavovich to reign.

Issues discussed at the meeting:

Convening and recruiting the people's militia and choosing a leader;

Protest was expressed against the prince's policies.

The executive body of the veche was the Council, which actually replaced the veche. The veche disappeared as feudalism developed. Survived only in Novgorod and Moscow.

At first, local governing bodies were local princes, who were later replaced by the sons of the Kyiv prince. In some less important cities, posadnik-governors, thousands of the Kyiv prince from his entourage, were appointed.

The local administration was supported by part of the collections from the population. Therefore, the mayor and volostels were called “feeders,” and the management system was called a “feeding” system.

The power of the prince and his administration extended to the townspeople and the population of lands not captured by the feudal lords. The feudal lords received immunity - legal registration power in the domains. The immunity (protection) document determined the land granted to the feudal lord and the rights to the population, which was obliged to be subordinate.

In the Old Russian state, the court was not separated from administrative power. The highest judicial authority was the Grand Duke. He tried warriors and boyars, and considered complaints against local judges. The prince carried out analysis of complex cases at a council or veche. Individual matters could be entrusted to a boyar or tiun.

Locally, the court was carried out by the mayor and the volost.

In addition, there were patrimonial courts - courts of landowners over the dependent population, on the basis of immunity.

In the communities there was a community court, which with the development of feudalism was replaced by an administration court.

The functions of the church court were carried out by bishops, archbishops, and metropolitans.

3. Development of Old Russian feudal law

In the Old Russian state, the source of law, as in many early feudal states, is legal custom inherited from the primitive communal system. The Tale of Bygone Years notes that the tribes had “their own customs and the laws of their fathers.” The source refers to the norms of customary law, and the concepts are used as synonyms.

With the development of feudalism and the aggravation of class contradictions, customary law loses its importance. During the time of Vladimir Svyatoslavovich (978/980-1015), legislation expressing the interests of feudal lords, asserting feudal principles and the influence of the church, became increasingly important.

The first legal document that came down to us was the charter of Prince Vladimir Svyatoslavovich “On tithes, courts and church people.” The charter was created at the turn of the X-XI centuries. in the form of a short charter, which was given to the Church of the Holy Mother of God. The original has not reached us. Only lists compiled in the 12th century are known. (Synodal and Olenets editions).

The charter acts as an agreement between the prince (Vladimir Svyatoslavovich) and the metropolitan (presumably Lyon). According to the charter, initially - the prince:

a) patron of the church (protects the church and provides it financially);

b) does not interfere in the affairs of the church;

Tithes are determined for the existence of the church. According to the charter, the prince owes 1/10 of the funds received from:

Court cases;

In the form of tribute from other tribes; give to the church

From trade.

Like the prince, each house also had to give 1/10 of the offspring, income from trade, and harvest to the church.

The charter was drawn up under the strong influence of the Byzantine church, as evidenced by the content of the articles regarding the definition of the crime.

The purpose of the charter is to establish the Christian Church in the Old Russian state. The provisions of Vladimir’s charter “On tithes, courts and church people” are aimed at:

* preservation of family and marriage, affirmation of the inviolability of family ties;

* protection of the church, church symbols and Christian church order;

* fight against pagan rituals.

Collections of Byzantine church law (nomocanons) distributed in the Old Russian state were of great importance. Subsequently, on their basis, with the involvement of norms from Russian and Bulgarian sources, “helmsmen” (guiding) books were compiled in Rus' as sources of church law.

Thus, after the adoption of Christianity (988), the church acts as an element of the state.

In the 9th century. Secular law is also being developed. Collections of law appear, containing legal material accumulated by the princely and communal courts. More than 110 such collections have reached us. various lists. These collections were called "Russian Truth" or "Russian Law". Russian historians, based on their similarity to each other, united them into 3 editions:

1. Brief truth (KP).

2. Extensive truth (PP).

3. Short truth (SP).

Some lists are named by location:

* Synodal - kept in the library of the Synod;

* Trinity - kept in the Trinity-Sergius Lavra;

* Academic - kept in the library of the Academy of Sciences.

The short truth is divided into 2 parts:

1. The most ancient truth (see art. 1-18) - compiled in the 30s. XI century

Yaroslav the Wise (1019-1054), therefore known as Yaroslav's Truth. It contains norms of customary law (for example, blood feud), and the privilege of feudal lords is not sufficiently expressed (the same punishment is established for the murder of any person).

2. Truth of the Yaroslavichs (see art. 19-43), compiled in the 70s. XI century, when Yaroslav’s son Izyaslav (1054-1072) reigned in Kyiv. The truth of the Yaroslavichs reflects a higher level of development of the feudal state: the princely property and persons of the administration are protected; instead of blood feud, a monetary penalty is established, and it varies depending on class status.

The lengthy truth was compiled during the reign of Vladimir Monomakh (1113-1125). It consists of 2 main parts:

1. Charter of Yaroslav, including a brief truth (see Art. 1-52) “Court of Yaroslavl Volodemerech”.

2. Charter of Vladimir Monomakh (see art. 53-121) “Charter of Volodemer Vsevolodovich.”

In this document:

* feudal law is fully formalized as a privilege;

* civil law, criminal law, judicial system and legal proceedings are regulated in more detail;

* articles appear on the protection of boyar estates, on the relationship between feudal lords and purchases, and on stinkers.

The abridged truth arose in the 15th century. from Prostranstnaya Pravda and operated in the Moscow state.

In addition to the Russian Pravda, the sources of secular law in Rus' are Russian-Byzantine treaties, which contain not only norms of international law, but also norms regulating internal life. There are 4 known treaties between Rus' and Byzantium: 907, 911, 944 and 971. The treaties testify to the high international authority of the Old Russian state. Much attention is paid to the regulation of trade relations.

The main source of ancient Russian feudal law is "Russian Truth". The main part of it is devoted to criminal and procedural law, however, there are articles containing norms of civil law, especially obligations and inheritance.

Let's briefly look at the contents of "Russian Truth" according to the scheme:

* ownership;

* law of obligations;

* inheritance law;

* procedural law;

* Crime and Punishment.

In the Brief Truth there is no general term for ownership, because the content of this right was different depending on who was the subject and what was meant by the object of the property right. At the same time, a line was drawn between the right of ownership and the right of possession (see Art. 13-14 KP).

In "Russian Truth" considerable attention is paid to the protection of the private property of feudal lords. Strict liability is provided for damage to boundary signs, plowing of boundaries, arson, and cutting down of berm trees. Among property crimes, much attention is paid to theft ("theft"), i.e. secret theft of things.

The Prostransnaya Pravda enshrines the property rights of feudal lords over serfs, including the procedure for finding, detaining, and returning a runaway serf, and establishes responsibility for harboring a serf. Those who gave bread to a slave (as well as for harboring) had to pay the price of a slave - 5 hryvnia of silver (slaves cost from 5 to 12 hryvnia). The one who caught the slave received a reward - 1 hryvnia, but if he missed him, he paid the price of the slave minus 1 hryvnia (see Art. 113, 114).

In connection with the development of private property, inheritance law is formed and developed. Normal inheritance law the desire of the legislator to preserve property in this family is clearly visible. With its help, the wealth accumulated by many generations of owners remained in the hands of the same class.

By law, only sons could inherit. The father's courtyard passed to the youngest son without division. (Article 100 PP). Daughters were deprived of the right to inherit because when they got married, they could take property outside their clan. This custom existed among all peoples during the transition period from the primitive communal system to class society. It is also reflected in Russkaya Pravda.

With the strengthening of princely power, the position “If the prince dies childless, then the prince inherits, if unmarried daughters remain in the house, then allocate a certain part for them, but if she is married, then do not give them a part” (Article 90 PP).

An exception was made for the daughters of boyars and warriors (later the clergy), artisans and community members; their inheritance, in the absence of sons, could pass to their daughters (Article 91 PP). Children adopted by a slave did not participate in the inheritance, but received freedom along with their mother (Article 98 PP).

Until the heirs came of age, their mother managed the inherited property. If a widowed mother got married, she received part of the property “for subsistence.” In this case, a guardian from the immediate family was appointed. The property was transferred in front of witnesses. If the guardian lost part of the property, he had to compensate.

There was a difference between inheritance by law and by will. The father could divide property between his sons at his own discretion, but could not bequeath to his daughters.

The dominance of private property led to the emergence of the law of obligations. It was relatively underdeveloped. Obligations arose not only from contracts, but also from causing harm: damage to a fence, unauthorized riding on someone else's horse, damage to clothing or weapons, death of the master's horse due to the fault of the purchase, etc. In these cases, not a civil claim (compensation), but a fine arose. The obligations extended not only to the debtor's property, but also to his person.

According to Russian Pravda, a bona fide bankrupt (merchant) was not sold into slavery, but received installments from the creditor. The malicious bankrupt was sold with all his property into slavery.

The obligations from the treaties were also reflected in Russkaya Pravda. Agreements, as a rule, were concluded orally in the presence of rumors or mytnik (witnesses). In "Russkaya Pravda" contracts were known: purchase and sale, loan, luggage (loan agreement between merchants), personal hiring, procurement.

Criminal law in the Old Russian state was formed as a right-privilege, but shades of more early period. It is reflected in Russian-Byzantine treaties and Russian Pravda.

The peculiarity of "Russian Truth" is that it punishes only intentional crimes or causing harm. (Crimes committed through negligence were reflected only in the 17th century in the “Cathedral Code”). In "Russian Truth" a crime is called "offense", which means causing moral, material or physical damage. This stemmed from the understanding of “offense” in ancient times, when offending an individual meant insulting a tribe, community or clan. But with the emergence of feudalism, compensation for damage for a crime (offense) went not in favor of society, but of the prince.

Only free people were responsible. The owner was responsible for the slaves. “If the thieves are slaves... whom the prince does not punish with sale, because they are not free people, then for slave theft they will pay double the agreed price and compensation for losses” (Article 46).

The types of crimes provided for by "Russian Truth" can be divided into:

a) crimes against the person;

b) crimes against property or property crimes;

The first group includes murder, insult by action, bodily harm, and beatings.

There was a distinction between murder in a quarrel (fight) or while intoxicated (at a feast) and murder by robbery, i.e. premeditated murder. In the first case, the perpetrator paid the criminal fine together with the community, and in the second case, the community not only did not pay the fine, but was obliged to hand over the murderer along with his wife and children to “flood and ruin.”

Insult by action, physical insult (blow with a stick, pole, hand, sword, etc.) was punishable by “Russian Truth”, and insult by word was considered by the church.

Bodily injuries included injury to a hand (“so that the hand falls off and withers”), damage to a leg (“it will begin to limp”), an eye, a nose, and the cutting off of fingers. Battery included beating a person until they were bloody and bruised.

Crimes against honor included pulling out mustaches and beards, for which a large fine was imposed (12 hryvnias of silver).

The second group includes crimes: robbery, theft (theft), destruction of other people's property, damage to boundary signs, etc.

Robbery associated with murder was punished by “deluge and ruin.” According to the “Russian Truth,” theft is considered to be the theft of a horse, a serf, weapons, clothes, livestock, hay, firewood, a rook, etc. For the theft of a horse, a “horse thief” was supposed to hand over a professional horse thief to the prince for “flood and ruin” (Article 35).

For a simple (one-time) theft of a prince's horse, a penalty of 3 hryvnia was imposed, and for a stink - 2 hryvnia (Article 45). The thief could be killed on the spot (v. 40). But if he was tied up and then killed, then 12 hryvnia was collected.

Punishments according to “Russian Truth” provided, first of all, for compensation for damage. The Pravda of Yaroslav provided for blood feud on the part of the relatives of the victim (Article 1). The Yaroslavichs abolished blood feud.

Instead of revenge for the murder of a free person, a vira was established - a monetary penalty in the amount of 40 hryvnia. For the murder of the “princely husband” compensation was established in the amount of double vira - 80 hryvnia. For the murder of a smerd or a serf, the penalty was not vira, but a fine (lesson) of 5 hryvnia.

Among the monetary penalties for murder are vira in favor of the prince and golovnichestvo (usually vira) in favor of the family of the murdered person, for other crimes - sale in favor of the prince and a lesson in favor of the victim. “Wild vira” was exacted from the community in case of refusal to extradite the criminal.

The highest punishment according to Russian truth is white flow and ruin - conversion (sale) into slavery and confiscation of property in favor of the prince. This punishment was applied for 4 types of crime: horse theft, arson, murder by robbery and malicious bankruptcy.

The proceedings were adversarial in nature. The main role in court belonged to the parties. The process was a lawsuit (dispute) between the parties before a judge. The court acted as an arbitrator and made a decision orally. Peculiar forms of this process were “cry”, “vault” and “pursuit of the trail”.

The evidence was the testimony of rumors, videos, ordeals, court battles, and the oath.