What do we know about the law of Ancient Russia? There was a semblance of administrative and criminal liability, which confirms the Russian Truth. And what about civil matters? In Russia, public relations were part of a system of secular self-government, which had the form of direct democracy. Self-government, in turn, refers to the field of law of the master. In Russia, this is the broadest structure with a variety of institutions and branches. It is about the law of the cops will be described in detail in the article.
Cops concept
What was Ancient Russia? These are thousands of settlements that united into communities. Any important issues were resolved by the whole world - at the veche, the main form of people's self-government. The community could include up to 10 villages. It was necessary to choose a central place where priority urgent problems would be resolved. Such a place was called a temple (colony), and the assembly itself was called a cop. Kopa was going to a veche - national meeting.
What was the purpose of the community? This is a warning of violation of laws, the identification and punishment of criminals, legal proceedings, as well as the solution of other pressing issues. All adults in the community participated in the cop. The cops were supposed to be permanently settled in their respective territories.
Representatives of the national assembly were called neighborhood neighbors (ordinary participants), descendants (gathered a cop) and mock judges. Particularly respected were the elders - the “wisest men”, who often provided useful and clever advice. Sometimes “outsiders” were invited — representatives of other communities. They were needed as witnesses. Foreigners did not participate in the process.
Thus, the law in ancient Russia had a considerable number of subjects. A large number of different people took part in people's self-government. Criminal cases were investigated, and property issues were raised.
What is cop law? Basic principles and features
All participants in the cops must come to a consensus on a particular issue. From here flows the first principle of coping law - unanimity.
Criminal proceedings had a number of features. This, for example, mitigation of the punishment of the offender, whom the victim forgave. This also includes sincere repentance of the guilty person, forgiveness of a mortally wounded person or the fulfillment of his last will.
The maintenance of the law in ancient Russia did not imply discrimination or the consideration of only certain classes. Kopa was considered common to all residents of the state, except perhaps the chelyadins - captured foreigners.
Kopa inherited customary law traditions. For example, the offended had to find the culprit.
Cope was divided into three parts - three meetings. The first was convened to investigate in hot pursuit. If the crime could not be unraveled, then the second stage set in, involving the collection of additional evidence. Only the most complicated matters reached the third meeting. An explanation of the circumstances of violations of the law of the cop was implemented through two methods: a survey and research evidence.
The last principle of the law in question was the immediate execution of court decisions. The concept of appeal existed, but it was used extremely rarely.
Elected posts
Veche and the law of law are primarily elements of the local self-government of Ancient Rus. In any such system, there are a number of important posts. In the Old Russian state, the elders (elders), ten and sotsk were considered as such.
Who is sotsky? The name of the post itself comes from the word "hundred." Sotsky was elected by residents of one hundred different courtyards, located, as a rule, on one street. The selected person became the local representative. When compared with today's post system, the Sotsky is a bit like a municipal deputy. He is only involved in legal proceedings within his territory.
Desyatsky defended the interests of ten yards. However, the men of honor were not elected everywhere, but only in those territories where the most active and strong householders lived. The official represented was responsible for resolving family troubles and land disputes, as well as overseeing order.
The elder, who is also a foreman, was elected Sotsky. He was vested with special powers and represented the entire village. The duties of the headman included the ratification of letters, the announcement of princely decrees and the control of order in the village. In fact, he was an intermediary between the prince and the common people. For all his actions, the foreman held the answer to the ten and sotsk.
Land Prince and his squad
Rural communities united in lands ruled by the Grand Duke and his proteges.
The Grand Duke was in Kiev. His brothers, nephews or sons ruled in the surrounding areas - for example, in Smolensk, Suzdal, Vladimir or any other land. And who is a land prince?
Mop law presupposes an election process, according to the results of which a land prince could be elected. Rule this face a dozen (12) years. The term of office of the prince could be extended if he coped well with his duties. If this person, on the contrary, violated laws or customs, then he lost his duties for an unlimited period. The fate of the land prince depended on the elders, who chose him.
Each prince had his own squad - a small military unit in case of "years of dashing". The co-workers were mostly young, they were called "friends."
The squad was located in a separate settlement. He led the military detachment of the governor. Army commanders and foremen obeyed him - the elders of hundreds and a dozen soldiers. The forces from different areas could unite, resulting in the formation of a military army consisting of associates.
The temple
The number of cops ranged from 100 to 300 people. The temple, that is, the venue of the meeting, was organized in the center of the rural community, in oak grove or grove. The place was chosen in such a way that there was a spring, lake, pond or river nearby. All matters were decided in the open. I must say that the choice of a place for a temple is already a kind of tradition, and perhaps even a ritual. Often, public holidays were celebrated at the venue, and festivities were organized. Pancake week, Kolyada, Krasnaya Gorka, the day of Ivan Kupala - all these festivities were widely celebrated precisely on the kopische (kopische, temple).
The cop was also going in a special way. People were notified about the meeting in advance. On the day of filling the temple, a huge bonfire was lit, which served as a light signal. The bells rang and rang, the elders loudly announced the beginning of the gathering.
Often, criminal cases were resolved directly at the crime scene, without a meeting of the cops. But this happened only if the “face” of the offender was clearly established, as well as his involvement in the deed. Today, the word “evidence” comes from the word “face”.
I must say that all the people in the temple took an active part in the meeting. Most decisions were made in good faith and with a considerable amount of enthusiasm. Those historians who take the cop only for the "people's militia" are a little mistaken. A meeting of citizens was formed to address a variety of issues and problems. In some villages, topics raised at meetings could even be written into special charters.
Cops laying
What is known about the copyrights of our ancestors? How many years did it last? These questions are still being investigated by numerous Russian historians. It is known that the mining structure provided a high birth rate among the Slavic people. This made it possible to quickly restore the population after an epidemic or military operations. On the temples they often trained future warriors. Young people gathered, whom the "oldest men" showed the art of handling weapons.
A lot of effort was spent on growing flax, from which almost all clothes were made. The fact is that parasitic insects do not sit on linen fabric. To perfectly maintain the area where flax grew, it was necessary to work hard. Laying cops involved the protection or deforestation, the preparation of soil, seeds, etc. Particular attention was paid to linden groves. They made baskets, bast shoes, washcloths and other household items from the bark of linden trees.
According to the studies of the historian Danilov, the law of copy was inherent in all Christian peoples until the 17th century. The appearance of the zemstvos, as well as the oprichnins under Ivan IV the Terrible, finally destroyed the mocking system. Numerous sources of the period of the extinction of the cops testify to this. They recorded numerous litigations of the emerging feudal lords from the veche. Is it possible to say in this case that the communal clan system was supplanted by the feudal system? Historians disagree on this point.
Veche
What role does veche play in the law of the cops? This is a meeting where people could speak out or vote on a particular issue. The very concept of veche comes from the words “broadcast”, “inform”. The right to vote was enjoyed only by residents of the community who have constant residency. These are elders - heads of clans. Women, as well as brothers and sons of elders who did not have permanent farms, had the right to vote only in exceptional, most important cases.
What significance did elders play in the law of the cops? These are the “wisest and oldest men” whose role was to control the observance of traditions and customs at the veche. The opinion of the elders was also interested, but only in those cases when it was necessary to pronounce a particularly important sentence. It was believed that it was the elders who knew and observed all communal traditions and laws, even the most ancient.
The sacred provisions of the law of copying were handed down from generation to generation. Veche or temple was the heart and mind of a rural settlement. Here, all the most important and relevant issues were resolved: the beginning and end of land work, repairing trails, bridges and roads, haymaking, hiring watchmen and shepherds, repairing and cleaning wells, holding elections, storing stocks in case of crop failure, and much more. Those who argued led to reconciliation, the perpetrators were punished, the repentant were forgiven, and the distinguished ones were encouraged. Everything was decided with the active participation of each native of the village. No one stood aside. Even people who were not allowed in the veche always tried to find out what exactly was happening at the meeting.
Volosts
Rural communities have existed for quite some time. With the beginning of feudal fragmentation, the concept of “volost” comes - certain state territories that have their own way and power. Rural elders elected a volost foreman. A volost court and volost government were formed. These two bodies dealt with complex legal cases, including criminal ones.
The term of office of the volost foreman in Russia is three years. His re-election was also possible. The concept of cops is finally changing at the veche - meeting on important issues. The latter could be all-terrestrial (national) or provincial. The princes of the land begin to obey not the foremen, but the grand duke.
The first great land prince, who began to call himself king, was Ivan the Terrible. Do all the changes presented affect the main features of the law of cops? The opinions of historians on this issue differ. Some researchers say that only the shell of the state system has changed. The veche and mop laws themselves remain. Other researchers talk about the global modernization of the law of the courts and its replacement with the principles of autocracy.
According to historian and researcher Sergei Danilov, the law of the cops is the oldest form of organization of self-government in a rural community. On the cop, issues of gathering are solved, criminal cases are investigated, issues of economy, agriculture, etc. are raised. Even with the establishment of autocracy and the gradual extinction of the veche, popular assemblies did not disappear. Mop law has existed and developed over many centuries. This is a kind of school of Russian law, passing from generation to generation.
Traditions and customs
What customs and traditions are related to the law of the cops? It is known that one temple could include representatives of a dozen villages. At the same time, one main, the largest village was distinguished, in which a “mysto” was set up for the veche. It often gathered gatherings. As a result, a whole city grew up on the site of the temple, the inhabitants of which were called bourgeois (local).
I must say that most cities grew precisely from cops. This is also confirmed by the investigators of the law of mopping - Strizhak and Sergey Danilov. Some cities were borderline, while others immediately grew like fortresses. With what it can be connected? According to ancient customs, the land prince was obliged to equip and protect the cop. If he did not fulfill his duties, then he was expelled. The villagers voluntarily carried out labor duties for the construction of particularly important facilities. If the village where the temple was being built was located next to the wild tribes, then protective structures were erected. As a result, a whole city grew.
Decomposition of the law in Russia
Mop law was an essential element of the community system. The Christianization that came to Russia, however, somewhat changed the appearance of the cops. The community-tribal system was replaced by feudalism, the peasants became serfs, that is, dependent. The cop is supplanted by the nascent landowners - the class of feudal lords.
For a long time there was a village court - a place where peasants could solve pressing issues and discuss everyday affairs. This is the last echo of the law of coping, which was eliminated by the XVII century. Husband men lost their meaning, the elders completely disappeared. Only the elders remained, and they did not have any power. They only directed the main types of peasant work. The village was controlled by one deputy sent from the landowner. In the presence of the priest, the deputy conducted a trial, was involved in reprisals, collected taxes, etc.
The established way of life entailed the impoverishment and decline of the rural population. Unable to resist lawlessness on the part of the landowner, a simple peasant inhabitant often indulged in drunkenness, debauchery, or even into robbery.
The concept of cops and veche was recalled by the "Society of the United Slavs." This is a Decembrist organization, a little later merged with the "Southern Society" Pestel. Representatives of this movement believed that the cop was a symbol of Slavic freedom and the Russian way of life. In their opinion, it was necessary to restore the original Russian law of mining. The British did not like and did not know the community, the Western Slavs had a completely different way. The Eastern Slavs, that is, the Russians, had to turn to the origins. For this, the "Society of the United Slavs" proposed to eliminate tyranny and autocracy. They did not succeed in realizing such ideas: everyone knows the deplorable fate of the Decembrists.
Only the Slavophiles, whose ideas were common in the mid-19th century, drew attention to the cop again. However, representatives of this trend, in contrast to the Decembrists, advocated the preservation of autocracy as the most important and irreplaceable element of Russian reality.