Russian Truth became the first collection of laws in Ancient Russia. Its first editions appeared during the reign of the Kiev prince Yaroslav the Wise in the first half of the XI century. He was the initiator of the creation of Russian Truth. The collection was necessary in order to streamline life in the state, where they still tried and resolved disputes according to unwritten traditions. All of them are reflected in the pages of this collection of documents.
A brief description of Russian Truth suggests that it stipulates the order of social, legal and economic relations. In addition, the collection contains the norms of several types of legislation (inheritance, criminal, procedural and commercial).
Background
The main goal set by Yaroslav the Wise to the collection is to determine the legal status of the population according to Russian Truth. The emergence of codified norms was common in all medieval European societies. So, in the Frankish state, “Salic truth” was similar. Their judges appeared even in the barbarian northern states and the British Isles. The only difference is that in Western Europe these documents were created several centuries earlier (starting from the VI century). This was due to the fact that Russia appeared later than the feudal Catholic states. Therefore, the creation of legal norms among the Eastern Slavs took place several centuries later.
Creation of Russian Truth
The Ancient Truth, or Truth of Yaroslav, appeared in 1016, when it finally established itself in Kiev. However, this document was not intended for the southern capital, but for Novgorod, since the prince began his reign there. This edition contains mainly various criminal articles. But it was from this list of 18 articles that the creation of Russian Truth began.
The second part of the collection appeared a few years later. It was called the Truth of the Yaroslavichs (children of the Grand Duke) and affected the legal relations between the inhabitants of the state. In the 30s, articles appeared concerning the feeding of virniks. These parts exist as a short edition.
However, the collection was supplemented after the death of Yaroslav. The creation of Russian Truth continued under his grandson, Vladimir Monomakh, who managed to briefly unite the specific principalities (the era of feudal fragmentation was approaching) and complete his Charter. He entered the lengthy edition of Truth. The widespread editorial office touched on disputes related to the right to property. This was due to the fact that trade and monetary relations developed in Russia.
Existing copies
It is known for certain that the original copies of Russian Truth were not preserved. Domestic historiography discovered later copies when it was discovered and studied by Vasily Tatishchev. The earliest copy is considered to be a list placed in the Novgorod first chronicle of the XI century. It was she who became the source of knowledge for researchers.
Later copies and lists were created, created up to the 15th century. Excerpts from them were used in various Pilot books. Russian Truth ceased to be relevant with the release of Judicial Code Ivan III at the end of the 15th century.
Criminal law
The responsibility of a person for crimes is reflected in detail on the pages that Russian Truth contains. Articles record the difference between intentional and unintentional crime. Light and severe damage are also shared. By this measure, it was decided to what extent the offender would be sentenced.
At the same time, the Slavs still practice blood feud, which Russian Truth speaks of. The articles claim that a person has the right to punish the killer of his father, brother, son, etc. If a relative did not do this, the state announced a reward of 40 hryvnias per head of the criminal. These were echoes of the old system that has existed for centuries. It is important to note that Russia was already baptized, but there still existed vestiges of the pagan bloodthirsty era.
Types of fines
Criminal law also included fines. The Slavs called them vira. Penalties came to Russia from Scandinavian law. It was Vira that over time completely replaced blood feud as a measure of punishment for a crime. It was measured in different ways, depending on the nobility of the person and the severity of the offense. Wergeld was an analogue of the Russian vira. It was a pecuniary punishment prescribed in the barbaric truths of Germanic tribes.
Under Yaroslav, a fine was called a penalty solely for the murder of a man who was a free man (that is, not a slave). For a simple peasant, the fine was 40 hryvnias. If the victim was a man who was in the service of the prince, then the penalty was doubled.
If a free man was seriously injured or a woman was killed, then the perpetrator had to pay half the rate. That is, the price fell by half - up to 20 hryvnia. Less serious crimes, such as theft, were punishable by small fines, which were determined individually by the court.
Golovnichestvo, flow and plunder
Then in the Russian criminal law a definition of golovnichestvo appeared. It was a ransom that the killer was supposed to provide to the family of the deceased. Size was determined by victim status. So, an additional fine to the relatives of the serf was only 5 hryvnia.
Feed and looting is another type of punishment that Russian Truth introduced. The right of the state to punish a criminal was supplemented by expulsion of the offender and confiscation of property. He could also be sent into slavery. Moreover, the property was looted (hence the name). The measure of punishment changed depending on the era. The torrent and the sack were appointed guilty of robbery or arson. It was believed that these are the most serious crimes.
Social structure of society
Society was divided into several categories. The legal status of the population according to Russian Truth depended entirely on its social status. The highest layer was considered to know. It was the prince and his senior warriors (boyars). At first it was a professional military, which is the pillar of power. It was in the name of the prince that the court was ruled. Also, all fines for crimes went to him. The servants of the prince and the boyars (tyuns and firemen) also had a privileged position in society.
On the next step were free men. In Russian Truth there was a special term for such a status. The word "husband" corresponded to him. Free persons included junior warriors, fines collectors, as well as residents of Novgorod land.
Dependent strata of society
The worst legal status of the population according to Russian Truth was among dependent people. They were divided into several categories. Smerdy were dependent peasants (but with their allotments) working for the boyar. Lifetime slaves were called slaves. They did not have property.
If a person borrowed and did not have time to pay off, then he fell into a special form of slavery. It was called a purchase. Such dependents became the property of the borrower until they paid off their debts.
The provisions of Russian Truth spoke of such an agreement as Ryad. This was the name of the agreement under which dependent people voluntarily went to serve the feudal lord. They were called row soldiers.
All these categories of residents were at the very bottom of the social ladder. This legal status of the population according to Russian Truth practically depreciated the life of addicts in the literal sense of the word. The fines for killing such people were minimal.
In conclusion, we can say that society in Russia was very different from the classical feudal model in Western Europe. In the 11th century, in the Catholic states, the leading position was already occupied by large landowners, who often did not even pay attention to the central government. In Russia, things were different. The elite of the Slavs was the prince's squad, which had access to the most expensive and valuable resources. The legal status of population groups according to Russian Truth made them the most influential people in the state. At the same time, the class of large landowners from them has not yet formed.
Private right
Among other things, the Russian Truth of Yaroslav included articles on private law. For example, they stipulated the rights and privileges of the merchant class, which was the engine of trade and the economy.
Negotiant could engage in usury, that is, give loans. The fine on them was also paid in the form of barter, such as food and groceries. Jews were actively engaged in usury. In the XII century, this led to numerous pogroms and outbreaks of anti-Semitism. It is known that when in 1113 Vladimir Monomakh came to rule in Kiev, he first tried to resolve the issue of Jewish borrowers.
Russian Pravda, whose history includes several editions, also touched on inheritance issues. The charter allowed free people to receive property under a paper testament.
Court
A complete description of the Russian Truth cannot miss articles relating to procedural law. Criminal offenses were considered in princely court. It was made by a specially appointed representative of power. In some cases, they resorted to a confrontation when two parties tête-à-tête proved their case. The procedure for collecting a fine from the debtor was also prescribed.
A person could go to court if he lost a thing. For example, merchants who suffered from theft often used this. If within three days it was possible to find the loss, then the person with whom she found herself became a defendant in court. He had to justify himself and provide evidence of innocence. Otherwise, a fine was paid.
Testimony in court
Witnesses could be present in court. Their testimony was called the Code. The same word denoted the procedure for searching for the loss. If she brought proceedings outside the city or community, the last suspect was recognized as a thief. He had the right to justify his name. To do this, he himself could hold a vault and find the person who committed the theft. If he did not succeed, then he was fined.
Witnesses were divided into two types. Vidoki are people who witnessed the crime (murder, theft, etc.) with their own eyes. Rumors are witnesses who in their testimonies reported unverified rumors.
If it was not possible to find any material evidence of a crime, then resorted to the last measure. It was an oath by kissing the cross, when a person gave his testimony in court not only before the princely authority, but also before God.
A water test was also used. It was a form of God's judgment when testimonies were verified for truth by extracting a ring from boiling water. If the defendant could not do this, he was convicted. In Western Europe, this practice was called the Ordalia. People believed that God would not let an honest person get hurt.