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История государства и права России. Общая характеристика Псковской Судной Грамоты, ее система, источники (самое важное)

Lecture notes, cheat sheets

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16. General characteristics of the Pskov Judicial Charter, its system, sources

Pskov Judicial Charter 1397 BC was adopted at the city council with the blessing of the priests of 5 cathedrals. Some scholars consider the date of adoption of the charter to be 1467.

Pskov Judicial Charter in its system and content, it is a code of procedural law, simultaneously containing the norms of criminal and civil law.

Diploma System includes preamble and parts:

1) the first part (articles 1-76);

2) the second part (77-108 articles);

3) the third part (articles 109-120).

Parts of the charter are allocated according to the period of their introduction into the law. They begin with constituent laws on the composition of the court.

The Pskov Judicial Letter, unlike the Russian Pravda, regulated mainly issues of civil law, and not criminal law.

Legal institutions of the Pskov Judicial Charter:

1) civil law: family unions; land ownership, actual ownership of property, individual and collective property; types of obligations (guarantees of a loan, luggage, purchase and sale, exchange, mortgage, hiring, purchasing);

2) inheritance law;

3) forms of documents: regulations, certificates, transfer of rights (letter, board, row, record, ransom, manuscript);

4) criminal law.

The Pskov Judicial Charter fixed the list of types of property and the right to dispose of it, established possible types of transactions, etc.

The Diploma clearly fixed the acceptable forms of contracts and ways of proving the conclusion of contracts in the event of a dispute.

The Pskov Judicial Charter for the first time singled out elements of state crimes:

1) perevet (high treason, punishable by death);

2) Kromskaya tatba (theft from the Kremlin, i.e. theft of state property, punishable by death).

The death penalty under the Pskov Judicial Letter was appointed for the theft committed for the third time, and horse theft. The charter fixed the order of legal proceedings in criminal and civil cases. The courts under the Pskov Judicial Charter were estates, that is, the competence of the courts was established not by the object of the legal relationship, but by their subjects.

Judicial Charter distinguishes courts:

1) lords;

2) vecha;

3) prince and posadnik;

4) thousandth;

5) old and honeycomb;

6) brothers;

7) general;

8) local;

9) speakers.

The judges took the oath by the kiss of the cross.

According to the Pskov Judicial Charter, the parties appeared in court alone, without "accomplices".

Evidence on the Pskov Judicial Charter: testimonies of witnesses, old-timers, neighbors; diplomas; boundary marks; cross kiss; court fight.

Sources of The Pskov Judicial Charter are named in its preamble:

1) princely statutes (these statutes cover a significant mass of legal relations, which were subsequently systematized by the charter);

2) letters of Alexander Nevsky (about 1242) or Alexander of Tver (1327-1337) - their author is not exactly known (Alexander's letter was supplemented by Archbishop Dionysius (1382));

3) Pskov duties, customs, resolutions of the Pskov veche, which were necessarily adopted in the form of a written document (the posadnik had the right to propose to adopt a resolution in Pskov; laws were adopted and repealed at the veche together with the prince).

Authors: Dudkina L.V., Shcherbakova O.V.

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