Recommendations for preparing for the lesson

In the course of preparing the first question , it is necessary to point out the following sources of law in these Novgorod and Pskov veche republics: customary law, Russkaya Pravda, princely charters, Novgorod and Pskov court letters, helmsman books, international treaties. A brief description of each source should be given.

Much attention should be paid to the second question . Its consideration should begin with the origin of the Pskov Judicial Charter, its sources and significance for the subsequent development of the law of Russia. You should also talk about the constituent elements and features of the Pskov judicial charter. A clear description of the system and structure of the Pskov Judicial Charter will lead the student to an analysis of the content of legal institutions.

Considering the third, fourth and fifth questions, it is necessary to list the most important legal institutions according to the Pskov Judicial Charter and learn how to compare them with the corresponding norms of Russkaya Pravda.

When answering the third question , it is necessary to disclose the content of the property right (the grounds for the emergence of the property right); law of obligations (grounds for the emergence of obligations, the procedure for concluding contracts, types of contracts, ways to ensure the fulfillment of obligations); inheritance law (forms of inheritance of property).

In the fourth question , it is necessary to reveal the concepts of crime and punishment, types of crimes, goals and types of punishments.

When preparing an answer to the fifth question , one should dwell on the proceedings under the Pskov Judicial Charter: the accusatory and adversarial process, types of evidence, elements of the search process and the reasons for their appearance in Pskov.

II. The practical part includes working with the text of the Pskov Judicial Letter and solving problems on the basis of variants.

Option 1

Task #1

The townsman Mikhail leased a piece of land to the peasant Davyd for a period of three years, which was recorded in the charter. Five years after the conclusion of the contract, the townsman, without rewriting the letter, demanded that the tenant return the plot to him. The peasant refused, considering it his land. What decision should the court make?

Task #2

Vasily Byk entered the territory of the Pskov Kremlin at night, breaking the lock on the door of one of the buildings, and took out two golden cups from there. What punishment should Vasily Byk suffer?

Task #3

Yegor Drozd was hired to work for the boyar Vasily Borov. Since both were illiterate, the agreement on the performance of work and payment was concluded orally. Having served the deadline and completed the agreed work, Drozd asked Borov to pay the remuneration due to him. To which Borov said that he would not pay Drozd anything and Drozd would not prove anything, because. he does not have a written agreement to do the job. Can Yegor Drozd achieve payment of the remuneration due to him if the contract was concluded orally?

Option 2

Task #1

The Pskov zemstvo member A. occupied a plot of land that had not been cultivated for a long time, located in the neighborhood, and began to use it for arable land. Four years later, the Pskov life of a man B. declared his rights to this plot, presenting a “record” on him. How should the court decide the case?

Task #2

Pskovians Vasily Koshka and Mikhail Karp got into a fight during a feast. The guests who were at the feast tried to separate them. After beating each other, Koshka and Karp calmed down and made up, and then continued to celebrate. At the end of the feast, one of the guests reported the incident to the bailiff. The next day, Koshka and Karp were summoned to court, where they were required to pay the sale. Are Vasily Koshka and Mikhail Karp obligated to pay the sale under these circumstances?

Task #3

Merchant Pyotr Shelest, leaving for overseas countries and fearing the theft of his property, gave it to his neighbor merchant Ivan Zaits for safekeeping. But when Peter returned home and came to a neighbor to pick up his property, Ivan told him that he had not accepted anything for storage and therefore should not return anything. The next day, Peter Shelest appealed to the princely court. How should this case be resolved?

Option 3

Task #1

A Pskov merchant A received a loan from another merchant B on a note of 3 rubles with interest (“a hotel”) for a year. The value of the “hotel” was 20% every four months (“third percent”). A month before the expiration of the contract, the debtor (merchant A) gathered with a trade caravan to the Hanseatic cities, and the creditor (merchant B) demanded from him the entire amount of the loan with the “hotel”. The debtor refused to comply. How will this case be decided?

Task #2

During the military campaign, Danila Lapot went over to the side of the Lithuanians and informed them of military information. A few days later, the Lithuanian army was defeated, and Danila was captured and taken to the prince. What should be done with Daniel?

Task #3

Gardener Ivan Dubina worked for three years on the land of the boyar Yuri Konopaty. At the end of August, Dubina decided to move to another feudal lord, who offered him more favorable terms. Can Ivan Dubina, under these circumstances, move to the land of another feudal lord?

Recommended literature:

Main literature:

1. History of the state and law of Russia: textbook / ed. Yu.P. Titov. – M.: Prospekt, 2012.

2. Isaev I.A. History of the state and law of Russia: a textbook. – M.: Prospekt, 2009.

3. History of the domestic state and law. Part 1: Textbook / ed. O.I. Chistyakov. – M.: Jurist, 2007.

Collections of documents and anthologies:

1. History of the state and law of Russia: Reader: In 3 hours / comp. I.V. Bryzgalova, Yu.A. Perebinos. – Part I (XI – XVIII centuries). – Vologda: VIPE FPS of Russia, 2012.

2. Kutafin O.E., Lebedev V.M., Semigin G.Yu. Judicial power in Russia: history, documents. In 6 vols. / Scientific. project consultant E.A. Skripilev. T. I. Beginnings of the formation of the judiciary / Otv. ed. N.M. Zolotukhin. M., 2003.

3. Domestic legislation of the XI – XX centuries: A manual for seminars. Part I (XI – XIX centuries) / ed. prof. O.I. Chistyakov. M., 2006.

4. Russian legislation of the 9th–20th centuries. / Ed. O.I. Chistyakov. T. I. M., 1984.

5. Reader on the history of the state and law of Russia: textbook / Comp. Yu.P. Titov. M., 2010.

Additional literature:

1. Amelin O.G. State and law of Russia in the period of feudal fragmentation. XII – XV centuries. M., 1962.

2. Belyaev I.D. History of Russian legislation. SPb., 1999

3. Bryuchko T.A. Division of inheritance in Russian legislation // Inheritance law. 2010. No. 2.

4. Vladimirsky-Budanov M.F. Review of the history of Russian law. M., 2005.

5. Eremyan V.V. “… More often to ask for tithes and tamgas, and not to be Novgorodians …”: on the issue of tributary relations between the North-West of the Russian Land and the Golden Horde (introduced tax-fiscal elements) // History of State and Law. 2009. No. 10-15.

6. Egorov V.S. The history of criminal punishment during the formation of Russian law // State and Law. 2006. No. 5.

7. Kutafin O.E., Lebedev V.M., Semigin G.Yu. First Court // Russian Justice. 2005. No. 3.

8. Momotov V.V. Litigation and enforcement of court decisions in medieval Russia // Arbitration and civil process. 2003. No. 4.

9. Orshansky I.G. Inheritance rights of a Russian woman // Inheritance law. 2009. No. 4.

10. Pashentsev D.A. History of the state and law of Russia: a course of lectures. M., 2010.

11. Sidorenko A.Yu. Responsibility for violation of the land law and order (the history of the development of Russian legislation) // State and Law. 2000. No. 11.

12. Sidorkin A.I. Deprivation of liberty in the criminal law of the Russian state of the IX-XIV centuries. // “Black holes” in the Russian legislation. 2004. No. 3-4.

13. Slobodyan S.A. Inheritance relations according to the Pskov judicial charter // Notary. 2010. No. 4.

14. Smirnov S.N. History of the domestic state and law: a textbook. M., 2009.

TASKS FOR SELF-CHECK:

1. Establish a correspondence between the land and the form of government:

1) Novgorod land a) absolute monarchy

2) Galicia-Volyn land b) feudal boyar republic

3) Vladimir-Suzdal land c) early feudal monarchy,

with the strong power of the prince

d) early feudal monarchy, with

strong power of the boyars

2. The expulsion of the prince from Novgorod and the formation of the Novgorod feudal republic took place in: a) 1136; b) 1240; c) 1348; d) 1467; e) 1471

3. The separation of Pskov from Novgorod and the creation of the Pskov feudal republic took place in: a) 1136; b) 1240; c) 1348; d) 1467; e) 1471

4. The Boyar Council in the Novgorod feudal republic was called

5. Establish a correspondence between an official and his powers in the Novgorod feudal republic :

1) archbishop a) keeper of the state treasury

2) prince b) led the people’s militia in the city

3) thousand c) defended the republic from external enemies

4) posadnik

6. Establish a correspondence between the categories of the peasantry in the Novgorod feudal republic and their definitions:

1) pawnbrokers a) communal peasants who were serving their duties

in favor of the Novgorod state

2) smerdy b) peasants who fell into debt bondage to

feudal lord due to ruin

3) ladles c) dependent peasants who paid quitrent in uniform

half of their income

7 . The Pskov judicial charter was created : a) no later than 1054; b) not earlier than 1113; c) no later than 1467; d) 1497

8. In accordance with the Pskov Judicial Charter, contracts were concluded: a) only orally; b) only in writing; c) verbally and in writing.

9. Establish a correspondence between the terms and definitions of civil law according to the Pskov judicial charter:

1) “fatherland” a) movable property

2) “belly” b) real estate

3) “mandatory” c) inheritance of property by law

4) “wrinkle” d) inheritance of property by will

10. The types of crimes according to the Pskov Judicial Charter included: a) state crimes; b) crimes against the judiciary; c) property crimes; d) military crimes; e) church crimes.

11. The types of punishments under the Pskov Judicial Charter included: a) confiscation of property; b) a fine; c) commercial execution; d) the death penalty; e) reference to hard labor.

12. Set the correspondence between events and dates:

1) Battle on the Kalka River a) 1206

2) Formation of the Golden Horde by Batu Khan b) 1223

3) Election of Genghis Khan as Khan of all Mongols c) 1242

13. The military administration in the Golden Horde was in charge of: a) bakoul; b) beklyari-bek; c) vizier; d) bass.

14. A collection of Mongolian laws and customs compiled by Genghis Khan in 1206 is …

15. “Tatar Exit” is : a) a letter giving the right to reign in Russian lands; b) tribute intended directly for the Mongol khan; c) the obligation of the Russian principalities to supply Russian soldiers to the Mongol-Tatar troops, to take part in their military campaigns.

16. Correlate the officials, authorities and administrations of the Golden Horde and their powers:

1) Baskaks a) central bodies of sectoral government

2) sofas b) an advisory body under the khan, the congress of the Mongol-

Tatar nobility

3) kurultai c) representatives of the great Mongol khans in

conquered lands

17. The Principality of Lithuania as an independent state was formed in : a) IX century; b) X century; c) XIII century; d) XIV century.

18. The founder of the Principality of Lithuania is considered to be: a) Prince. Vitovt; b) book. Gedemina; c) book. Mindovga; d) book. Olgerd.

19. The highest authorities in the Grand Duchy of Lithuania in the XIII – XV centuries. were : a) the Grand Duke (sovereign); b) khakan; c) kurultai; d) Council of lords (pany-rada).

20. Sources of law in the Grand Duchy of Lithuania in the XIII – XV centuries. were: a) Russian Truth; b) Great Yasa; c) statutes; d) labels; e) brought.

TOPIC 4. STATE ADMINISTRATION
AND THE LAW OF MOSCOW RUSSIA (XVI-XVII centuries)

4.2. The social system of Muscovite Rus in the 16th–17th centuries.

Seminar session

The purpose of the seminar is to study the social structure of Muscovite Russia in the 16th – 17th centuries, to characterize the legal status and development of the main estates of the Muscovite state: the privileged population, the urban population, the peasantry; identifying the features of the estate system, determining the reasons for the general enslavement of the estates of Moscow Russia.

The lesson is recommended to be conducted based on the project methodology: students should be offered to prepare and defend projects in small groups for certain categories of Russian society of the 16th-17th centuries, using multimedia technology.

Questions for preparation :

1. Estates of Moscow Russia: the concept of estates, features of the estate system in the XV – XVII centuries.

2. Privileged population: boyars, nobility, clergy.

3. Urban population.

4. Peasantry. Stages of enslavement of the peasantry.

Basic concepts : estate, estate system, universal enslavement, boyars, nobles, white and black clergy, church tithe, secularization, patrimony, paid, served and ancestral patrimony, estate, the right to “departure”, the right to a family ransom, townspeople, “guests ”, living room and cloth hundreds, black hundreds and settlements, serving “by the device”, palace peasants, black-shed peasants, privately owned peasants, township tax, “sovereign’s tax”, archery tax, yamsky money, Polonyanochny money, “white settlements”, standing duty, underwater duty, yamskaya chase, bridge duty (mostovshchina), “the right of St. George’s day”, elderly, reserved summers, fixed summers, serfdom, dues, corvée.

Recommendations for preparing for the lesson:

When preparing an answer to the first question , attention should be paid to the concept of “estate” and its difference from the term “social class”. It is also necessary to name the key estates of the Muscovite state in the 16th-17th centuries. and identify the features of social development in that period.

When preparing for the second question , it is necessary to indicate who was part of the privileged group of the population. Describing the legal status of the boyars, the nobility and the clergy, it is necessary to name the economic basis of these strata of the population, define the patrimony and estate, list their rights, privileges and obligations. When describing the legal status of the boyars and the nobility, attention should be paid to the process of rapprochement between the patrimony and the estate, which took place during the 16th – 17th centuries. Describing the position of the church and clergy in Muscovite Russia in the 16th-17th centuries, it is necessary to give the concept of secularization and find its manifestations. Pay attention to the key events in the life of the Russian Orthodox Church at that time: the convening of the Stoglav Cathedral and the adoption of Stoglav (1551), the establishment of the patriarchate (1589), the church reform of the mid-17th century. and etc.

Consideration of the third question is advisable to begin with the definition of the urban population, its structure in the era under study. At the same time, it is necessary to dwell in more detail on the characteristics of the legal status of such categories of the townspeople as “guests”, “living room and cloth hundreds”, “black hundred”, servicemen “on the instrument”. In preparation for answering this question, it is important to define the township tax, to reveal its components: taxes (“sovereign tax”, streltska tax, yamsky money, polonyanochny money,) and duty (permanent duty, underwater duty, yamskaya chase, bridge duty (mostovshchina)). Special attention deserves the coverage of the issue of “white settlements”. It is necessary to define this institution and show the policy of the state in relation to the “white settlements” in the middle of the 18th century.

When preparing for the fourth question , one should first of all name the categories of the peasant population in Russia in the 16th – 17th centuries, describing the features of the situation of each of them. It is also important to indicate what taxes and duties (“tax”) were borne by the peasants. Close attention should be paid to the process of enslavement of the peasantry, highlighting its stages: from the Code of Laws of 1497 to the Cathedral Code of 1649. At the same time, it is necessary to reveal such concepts as “the right of St. ”,“ serfdom ”,“ dues ”,“ corvee”.

Questions for discussion :

1. How is an estate different from a class?

2. What categories of the population constituted the privileged part of Russian society in the 16th – 17th centuries? What were their privileges?

3. What was the process of rapprochement between the patrimony and the estate in the 16th-17th centuries? What is the social and political significance of this process?

4. What was the structure of the townspeople in Moscow Russia? Which category had the most privileges?

5. Why were the “white settlements” liquidated? Who benefited? What is the significance of the liquidation of “white settlements”?

6. Why was the enslavement of the peasants? What were the reasons for this?

7. In your opinion, is it possible to agree with the researchers that there was a general enslavement of the population in Muscovite Russia? Why?

Recommended literature:

Main literature:

1. History of the state and law of Russia: textbook / ed. Yu.P. Titov. – M.: Prospekt, 2012.

2. Isaev I.A. History of the state and law of Russia: a textbook. – M.: Prospekt, 2009.

3. History of the domestic state and law. Part 1: Textbook / ed. O.I. Chistyakov. – M.: Jurist, 2007.

4. Collections of documents and anthologies:

5. History of the state and law of Russia: Reader: In 3 hours / comp. I.V. Bryzgalova, Yu.A. Perebinos. – Part I (XI – XVIII centuries). – Vologda: VIPE FPS of Russia, 2012.

6. Kutafin O.E., Lebedev V.M., Semigin G.Yu. Judicial power in Russia: history, documents. In 6 vols. / Scientific. project consultant E.A. Skripilev. T. I. Beginnings of the formation of the judiciary / Otv. ed. N.M. Zolotukhin. M., 2003.

7. Domestic legislation of the XI – XX centuries: A manual for seminars. Part I (XI – XIX centuries) / ed. prof. O.I. Chistyakov. M., 2006.

8. Russian legislation IX–XX centuries. / Ed. O.I. Chistyakov. T. I. M., 1984.

9. Reader on the history of the state and law of Russia: textbook / Comp. Yu.P. Titov. M., 2010.

Additional literature:

10. Mankov A.G. Code of 1649: Code of Feudal Law of Russia. – L., 1980.

11. Pashentsev D.A. History of the state and law of Russia: a course of lectures. M., 2010.

12. Svetova E.A. The court elite in the reign of Alexei Mikhailovich // History of State and Law. 2009. No. 6.

13. Sedov P.V. Sunset of the Muscovite Kingdom: The Tsar’s Court at the end of the 17th century. // National history. 2008. No. 1.

14. Smirnov S.N. History of the domestic state and law: textbook. M., 2009.

15. Steshenko L.A., Shamba T.M. History of State and Law of Russia: Academic course. In 2 vols. T. 1: V – the beginning of the twentieth century. – M., 2010.

16. Tolstaya A. I. History of the state and law of Russia. Textbook for high schools. 3rd ed., ster. M., 2010.

4.3. The development of the law of Muscovite Russia at the end of the 15th – 17th centuries.

Practical lesson

The purpose of this lesson is to consolidate students’ holistic ideas about the process of development of domestic law during the formation of a single centralized Russian state through the development of the ability to work with the text of the Sudebnik of 1497 and the formation of the skill of solving problems. The lesson is supposed to work with the text of the source, analysis of the articles of the Sudebnik of 1497.

In preparation for the lesson, it is necessary to study the theoretical material, familiarize yourself with the relevant sections of the educational literature.

I. Theoretical part. In preparation for the lesson, it is necessary to study the following theoretical questions in educational and scientific literature:

1. Sources of law in Moscow Russia in the XV-XVII centuries.

2. Sudebnik of 1497: history of creation, sources, structure, features. Features of the Sudebnik of 1550 in comparison with the Sudebnik of 1497

3. Civil law (property law, law of obligations, inheritance law).

4. Development of criminal law (the concept of a crime, types of crimes, types of punishments, new institutions of criminal law).

5. Litigation (judicial authorities, two types of process – adversarial and search, evidence in court, court position).

Basic concepts : “Yuryev’s day”, patrimony, estate, charter, statutory charter, customs charter, decree books of orders, judicial code, occupation, bondage, “good people”, “dashing man”, “faking”, “sedition”, ” rise”, snitch, commercial execution, petition, non-judicial letter, right letter, judicial letter, oath, “field”, search process, “general search”, court list.

Recommendations for preparing for the lesson:

When considering the first question , one should dwell on the fact that Russkaya Pravda continued to operate in the Russian centralized state. Also important documents of this period were grand ducal regulations. In 1497 the first Sudebnik was adopted. Of the numerous legal documents of the middle and 2nd floor. 16th century Of greatest importance were the Sudebnik of 1550, Stoglav of 1551, documents confirming the liquidation of the feeding system and regulating the activities of the province and zemstvo authorities, as well as the Statutory Book of the Rogue Order and the Statutory Book of the Zemsky Order.

Answering the second question – about the creation of the Sudebnik of 1497, one should report on the different versions of the history of its preparation that exist in historical and historical-legal science, and express one’s own opinion about this. Mentioning the sources of the Sudebnik, one should talk about the monuments of Russian law that preceded it, explore the new original provisions contained in it, due to the economic and political development of the country at the end of the 15th century. A clear description of the Sudebnik system will lead the student to analyze the content of legal institutions.

The analysis of the material for the third question should begin with a description of civil law according to the Code of Laws. It is necessary to characterize the right of ownership, obligations and the procedure for transferring property by inheritance.

In the fourth question , you need to find out the general theory of criminal law and dwell in detail on the institutions of criminal law: the concept, composition, types of crimes, as well as the goals and types of punishments. It is important in the analysis of criminal law to identify a significant difference between the Sudebnik of 1497, Russkaya Pravda and the Pskov Judicial Charter, especially with regard to types of crimes and types of punishments.

It is advisable to start answering the fifth question by defining the essence of the adversarial and investigative (inquisitorial) process. Next, one should turn to clarifying the reasons for the dominance of the inquisitorial process in the courts. Then you need to focus on the norms of the Sudebnik of 1497, which regulated the main stages of the process, defining the types of evidence characteristic of it.

II. The practical part includes an analysis of the text of the Sudebnik of 1497 on the last three questions of theoretical material. The study of the state of individual institutions and branches of Russian law should be carried out on the basis of an article-by-article analysis of the Sudebnik of 1497.

Tasks for the analysis of the text of the Sudebnik of 1497:

1. Analyze Art. 57 of the Sudebnik of 1497 and indicate which social process is reflected in this article. Compare its content with Art. 88 Sudebnik of 1550. What changes were made in accordance with the royal judicial code?

2. Based on Art. 62 – 63 Sudebnik of 1497, name the forms of land ownership. What are the differences in the legal protection of land ownership by peasants and feudal lords?

3. Analyze the text of the Code of Laws of 1497 and list the types of contracts reflected in this legislative monument. Support your answer with relevant articles.

4. Find in the text of the Sudebnik of 1497 articles concerning the statute of limitations in disputes over the ownership of land. Compare with similar norms according to the Pskov Judicial Charter.

5. Find in the text of the Sudebnik of 1497 the articles regulating the procedure for the inheritance of property, determine the forms of inheritance, indicate the circle of heirs.

6. Analyze the text of the Sudebnik of 1497 and determine the groups and elements of crimes. Write down the articles regulating each group and the specific composition of crimes known to the Grand Duke’s judicial officer. Compare the types of crimes according to the Sudebnik with the groups of crimes according to the Russian Truth and the Pskov Judicial Charter.

7. Analyze the text of the Sudebnik of 1497 and determine the types of punishments, compare this criminal law institution with a similar institution according to Russian Pravda and the Pskov judicial charter.

8. Analyze the text of the Sudebnik of 1497 and indicate for which crimes the death penalty was imposed? Support your answer with relevant articles.

9. Analyze the text of the Sudebnik of 1497 and indicate for what crimes the commercial penalty was imposed? Support your answer with relevant articles.

10. Illustrate the basic principles of the search process with the norms of the Code of Laws of 1497.

11. Based on the norms of the Code of Laws of 1497, describe the adversarial form of the process.

12. Using the articles of the Sudebnik of 1497, determine what evidence was used in court? Support your answer with relevant articles.

13. Using the articles of the Sudebnik of 1497, determine what documents were drawn up during the trial? Support your answer with relevant articles. Explain what each type of procedural document implied?

14. On the basis of the articles of the Sudebnik of 1497, formulate the concept of “faking”, reveal its content.

15. Based on the text of the Sudebnik of 1497, describe the institution of a duel (in what cases it was appointed, who organized it, from whom the costs of its conduct were collected, whose interests could be represented by hirelings in a judicial duel, how the duel could end, how it was punished defeated, etc.). Support your answer with relevant articles.

16. Find in the text of the Sudebnik of 1497 articles reflecting the institution of obedience. Compare it with a similar institution according to Russkaya Pravda and the Pskov Judicial Charter.

Recommended literature:

Main literature:

1. History of the state and law of Russia: textbook / ed. Yu.P. Titov. – M.: Prospekt, 2012.

2. Isaev I.A. History of the state and law of Russia: a textbook. – M.: Prospekt, 2009.

3. History of the domestic state and law. Part 1: Textbook / ed. O.I. Chistyakov. – M.: Jurist, 2007.

Collections of documents and anthologies:

1. History of the state and law of Russia: Reader: In 3 hours / comp. I.V. Bryzgalova, Yu.A. Perebinos. – Part I (XI – XVIII centuries). – Vologda: VIPE FPS of Russia, 2012.

2. Kutafin O.E., Lebedev V.M., Semigin G.Yu. Judicial power in Russia: history, documents. In 6 vols. / Scientific. project consultant E.A. Skripilev. T. I. Beginnings of the formation of the judiciary / Otv. ed. N.M. Zolotukhin. M., 2003.

3. Domestic legislation of the XI – XX centuries: A manual for seminars. Part I (XI – XIX centuries) / ed. prof. O.I. Chistyakov. M., 2006.

4. Russian legislation of the 9th–20th centuries. / Ed. O.I. Chistyakov. T. I. M., 1984.

5. Reader on the history of the state and law of Russia: textbook / Comp. Yu.P. Titov. M., 2010.

Additional literature:

1. Ampleeva T. Yu. Fighting the judicial arbitrariness of officials in Moscow Russia (XVI – XVII centuries) // State and Law. 2006. No. 10.

2. Afanas’eva V.I. Innovation in Russian history in the 15th–19th centuries. // History of state and law. 2005. No. 3.

3. Belyaev I.D. History of Russian legislation. SPb., 1999.

4. Vladimirsky-Budanov M.F. Review of the history of Russian law. M., 2005.

5. Vasiliev A.V. Legislation and the legal system of pre-revolutionary Russia. SPb., 2004.

6. Vlasov V.I., Goncharov N.F. History of the search process in Russia (legislation and practice): Monograph. Domodedovo, 1997.

7. Vorobyov A.V. Rogue order in the 16th – early 17th centuries: evolution, leadership, administrative practice // Russian history. 2012. No. 1.

8. Egorov V.S. The history of criminal punishment during the formation of Russian law // State and Law. 2006. No. 5.

9. Kazakov R.B. Sudebnik of 1497 // Questions of history. 2000. No. 3.

10. Kutafin O.E., Lebedev V.M., Semigin G.Yu. First Court // Russian Justice. 2005. No. 3.

11. Kuchkin V.A. Sudebnik of 1497 and contractual letters of the Moscow princes of the XIV-XV centuries. // National history. 2000. No. 1.

12. Medvedev V.G. Conditions and procedure for concluding marriage according to Russian family law (XIII – XV centuries) // History of State and Law. 2009. No. 21.

13. Mukhametshin A.F. Legal basis for the disclosure and suppression of crimes in Russia (X – XVI centuries) // History of State and Law. 2010. No. 3.

14. Radchenko K.N. Interaction between church and state in the sphere of execution of criminal penalties in the history of Russia // “Black holes” in Russian legislation. 2011. No. 1.

15. Rogov V.A. History of criminal law, terror and repressions in the Russian state of the XV-XVIII centuries. M., 1995.

16. Rozhnov A.A. On the problem of defining crimes punishable by death according to the Code of Laws of 1497 // Russian Journal of Law. 2011. No. 5.

17. Rozhnov A.A. The death penalty in the Moscow state according to the testimony of European contemporaries // Russian legal journal. 2010. No. 3.

18. Rozhnov A.A. Peculiarities of public perception of criminal penalties in the Muscovite State according to the evidence of European contemporaries // History of State and Law. 2012. No. 4.

19. Rozhnov A.A. Criminal Law of the Moscow State (XIV – XVII centuries): a teaching aid. Ulyanovsk, 2007.

20. Serov D.O. Features of the criminal process in Russia at the end of the 15th – the first quarter of the 18th century // Journal of Russian Law. 2009. No. 9.

21. Smirnov S.N. To the question of the development of land ownership in the Russian state in the XV – XVII centuries. // “Black holes” in the Russian legislation. 2006. No. 2.

22. Smykalin A. The origin of the judicial system of the Russian state // Russian justice. 2000. No. 10.

23. Yutkin V. Sudebnik of Ivan III – the first codified legal act in Russia // Russian justice. 1997. No. 7.

4.4. Cathedral Code of 1649

Practical lesson

The purpose of this practical lesson is to consolidate students’ knowledge about the content of the Cathedral Code of 1649 as a code of medieval Russian law by developing the skill of critical analysis of the text of the primary source. The lesson is supposed to analyze the chapters and articles of the Cathedral Code on certain problematic issues.

In preparation for the lesson, it is necessary to study the theoretical material, familiarize yourself with the relevant sections of educational and scientific literature.

I. Theoretical part . In preparation for the lesson, it is necessary to study the following theoretical questions in educational and scientific literature:

1. Cathedral Code of 1649: history of creation, sources, structure, features.

2. Characteristics of civil law (property, law of obligations, inheritance law).

3. Criminal law (the concept of a crime in comparison with Russkaya Pravda, the Pskov Judicial Charter, the Code of Laws of 1497, types of crimes, types of punishments, new institutions of criminal law).

4. Litigation (judicial bodies, two types of process – adversarial and investigative, evidence in court, position of the court).

Basic concepts : patrimony, ancestral patrimony, estate, right of ancestral redemption, bill of sale, “good people”, “dashing person”, “blinding”, “sedition”, “lift”, “simply deed”, snitch, commercial execution, petition, non-judicial charter, right charter, judicial charter, oath, “kissing the cross”, “field”, search process, “general search”, court list, removal of judges, “subscription”.

Recommendations for preparing for the lesson:

The Cathedral Code of 1649 was the first printed code in Russia. The Code openly secured the privileges of the ruling class and the unequal position of the dependent population. Considering the first question , one should pay attention to the history of the creation and adoption of the Council Code, its structure and features, and, in particular, to Ch. XI “The Court of the Peasants”, which determined the complete and general enslavement of the peasants of Russia. As a result, it should be noted what significance the adoption of the Council Code had on the socio-political life of the country.

Studying the material on the second question, it is necessary to use the articles of the Council Code and characterize the institutions of civil law on this basis. Here it is important to consider the local and patrimonial law, contractual relations, two forms of inheritance of property.

The content of the third question involves determining the main trends in the development of criminal law. It took place in conditions of a sharp aggravation of class contradictions, and therefore took on an increasingly punitive character. In the Council Code, the concept of a crime was further developed and clarified, the stages of committing a crime were distinguished, and a certain classification of crimes was given. Based on the norms of the Code, it is necessary to analyze the most important types of crimes. As the autocracy strengthened by the middle of the 17th century, new types of punishment appeared, which pursued the goals of intimidation, retribution, isolation of the criminal from society.

Considering the fourth question, it is necessary to dwell on the fact that the legal proceedings were characterized by the presence of adversarial and investigative processes, with a clear predominance of the latter. When analyzing the system of evidence, it is important to emphasize that the decisive evidentiary force in the search process was the confession of guilt by the defendants. Therefore, the purpose of the investigation was to obtain a confession at any cost – up to the threat of torture or the use of torture itself. Further, it is necessary to analyze other types of evidence: “red-handed”, material evidence, “general search”.

II. The practical part involves the analysis of the text of the Council Code of 1649 from the point of view of reflecting in it the state of individual institutions and branches of domestic law.

Tasks for the analysis of the text of the Cathedral Code of 1649:

1. Analyze chapter I of the Council Code of 1649 and name the categories of crimes against the church. Support your answers with relevant articles.

2. Based on articles 1 – 9 of chapter I of the Council Code of 1649, determine the types of punishments for crimes against the church.

3. Compare Art. 9 Code of Laws of 1497 and Art. 1 – 5 chapter II of the Council Code of 1649. Find common and distinctive features of these categories of criminal offenses and punishments.

4. Based on the text of Chapter II of the Council Code of 1649, describe the institution of denunciation (false denunciation) for political crimes (checking the denunciation, who considered the case on a false denunciation, punishments for false denunciation, remuneration for denunciation).

5. Using Articles 4 – 5 of Chapter III of the Council Code of 1649, name the categories and types of crimes and punishments.

6. On the basis of chapter V of the Council Code of 1649, characterize the crime against the order of government – counterfeiting.

7. Analyze Art. 3 – 4 Chapter X of the Council Code of 1649 and describe the institution of challenging a judge in a trial.

8. You will find in chapter X of the Council Code the norms concerning bribery in court. Compare with Art. 1, 33 Code of Laws of 1497 and formulate common and distinctive features.

9. Based on Art. 100 – 104 chapter X of the Council Code of 1649, describe the adversarial form of the trial.

10. Based on Art. 144 chapter X of the Council Code of 1649, describe the status of the weekly worker (activities, functions of the weekly worker, remuneration to the weekly worker).

11. Analyze Art. 160 of Chapter X of the Council Code of 1649 and determine what type of testimony is in question.

12. You will find in chapter X of the Council Code of 1649 an article concerning a special type of search – a general search. Describe this institution.

13. Analyze Art. 193 – 195 chapter X of the Council Code of 1649 and determine the types of civil law contracts.

14. Using Art. 203 chapter X of the Council Code of 1649, answer the questions: what

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