History of state and law of foreign countries. Serbia (most important)

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History of state and law of foreign countries. Serbia (most important)

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Serbia

In the period from XNUMXth to XNUMXth centuries. in the Serbian lands, the division into tribes, folk councils and councils of elders is preserved. Ancient customs have a noticeable effect on family relationships. So, several generations - descendants of one father - live together, as one family. They jointly own property, cultivate the land together, eat and dress from the common stocks. It is called after another. All power in such a family belongs to the family council. It includes all adult men and women. It should be noted that direct control is in the hands of one person - elected by everyone domachin. Important matters, including the trial of a guilty person, are the province of the family council, and no significant sale or purchase can be made without its consent.

The very first form of territorial formation was assholes - unions of clans. As elsewhere, in Serbia the transition to a state was marked by the struggle for the unification of the country and people under the leadership of a single centralizing force, which in the conditions of that time was the princely power. The initiative to unite the Serbian tribes and regions into a single whole came from Rashki - an area lying in the southwest of present-day Serbia, where to the XII century. a fairly strong princely power is established. Raska managed to create the first major territorial union of several regions, which became the basis for the formation of the Serbian principality. Further, to a large extent, Serbia strengthened as a state entity in the reign of Stefan Dusanwho accepted Lawyer Stefan Dušan - the most significant monument of old Serbian law. The time of his reign falls on the first half of the XIV century.

In Serbia, the ruling class consisted of estates.

On the upper step was the feudal nobility - rulers. The land ownership of the rulers was hereditary. She did not depend on the will of the king. The rulers occupied all the most important positions in central and local government.

Another feudal ruling class - rulers (feudal lords of lower rank).

Oppressed class - Serbian peasantry.

At the moment when Dusan proclaims himself king, the old cathedral of secular and ecclesiastical nobility retains its existence. The king constantly turned to him for the solution of every important issue. Yes, mentioned above Lawyer Stefan Dušan was adopted not by the king alone, but by the cathedral.

The basis of the administrative structure of the Serbian state was the principle of territorial division of the population. The old zhupas with the dominance of the clan nobility were replaced by new ones, in each of which there was a royal official. Zhups were united by regions.

As for the judicial system in Serbia, there were:

1) master's courts over serfs,

2) church courts over church people,

3) a special court carried out by an official who collects duties;

4) royal court (court, regional, city). Most of the time the regional court spent on the road, exercising general supervision of all justice in the country.

A relic of antiquity was long preserved in Serbia the court of the thugs (analogous to the modern jury trial). The name of this court came from the words "porota", or "company", which meant an oath, an oath. So, the guards swore an oath that they would be judged according to their conscience. In a large case, 24 guards were supposed to be, on average in terms of scale and significance - 12, in an insignificant case - 6. It was forbidden for the guards to reconcile the parties. Lawyer Stefan Dushan obliges the guards to either acquit or accuse. The decision at this court was taken by a simple majority of votes. It was a class court: for the rulers, respectively, the guards were involved - the rulers, etc.

Author: Selyanin A.V.

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