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History of state and law of foreign countries. Polish-Lithuanian Commonwealth (most important)

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Polish-Lithuanian Commonwealth

Poland was a single and fairly strong state. AT 1569 BC it united with the Lithuanian principality, forming the famous Commonwealth. The head of the Commonwealth was the king. However, the real power was wielded by the all-Polish so-called “Valny Sejm”. It was convened every two years.

Valny Sejm consisted of two chambers:

1) lower - "embassy hut". It consisted of deputies elected by the gentry's sejmiks. These delegates were provided with instructions from which they could not deviate.

2) the upper house of the rampart diet - senate - was represented by the aristocracy, the top officials, church hierarchs.

The reactionary political system established in medieval Poland had a negative impact on the course of the country's economic development. Thus, Polish industry fell into decline under the yoke of noble privileges, especially the noble export monopoly. Agriculture degraded as a result of a new strengthening of the feudal regime. Economic ruin, political anarchy, feudal strife, the incessant confrontation between political groups resulted in the weakening of Poland's military strength. And, as a result of these unfavorable circumstances, in 1772 three powers - Prussia, Russia and Austria, intervening in the internal affairs of Poland, produce its first division: significant border areas have gone to the three indicated powers. AT 1793 BC the second division of Poland takes place - this time between Prussia and Russia. The second partition of Poland had a severe impact on the country's economy and hurt the national feelings of the Poles. A revolutionary situation has arisen in the country. As a result of internal unrest in the country, the third and final partition of Poland took place.

Considering Polish law, it should be noted such a source as Polish truth. This is not official, but private codification. The ancient formalities necessary for the transfer of landed property from hand to hand are dying out. The act of alienation entered into the court books becomes sufficient. Polish criminal law is undergoing changes. Also in XII century. it does not distinguish between intent and negligence, it allows and widely applies liability without guilt (a family is responsible for the betrayal of one of its members, a village for a corpse found on its territory, etc.). The qualified death penalty for a number of crimes coexists with fines, and the use of one or another measure is not strictly regulated and depends on the discretion of the prince, king, and judges. Slavery, confiscation, expulsion are used. The amount of fines depended, as elsewhere, on the social affiliation of the perpetrator or victim and was of a class nature. Considering the sources of old Polish law, it should be noted that there was an attempt to make punishment dependent on the subjective side of the crime (intention, negligence). In Polish law, the distinction between “public” and “private” crimes is gradually being erased, and attention to recidivism is increasing. The Polish Truth contains a number of provisions about the judicial process, especially about ordeals, which existed in the form of tests with boiling water, hot iron, and combat. The verdict was first passed orally. Apparently, it began to be written down no earlier than the 13th century. Subsequently, the Polish process undergoes the same evolution as in Western European countries. Documents and witnesses are replacing the ordeals. Appeals against sentences and decisions began to be allowed, mainly in the form of accusing the judge of being biased.

Author: Selyanin A.V.

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