Table of contents (expand)
- Subject, tasks and method of the history of the state and law of Russia
- Domestic school of law. Periodization of the national history of state and law
- The emergence of statehood among the Slavs. Formation of the Old Russian state. Theories of the origin of the ancient Russian state
- Sources of law of the ancient Russian state
- The political system of the ancient Russian state. Territorial structure of Kievan Rus. Legal status of the population of Rus'
- The veche and the prince in the ancient Russian state are the highest authorities. System of government authorities
- General characteristics of Russian Truth
- Litigation on Russian Pravda
- Crime and punishment according to Russian Truth
- Features of the socio-political and legal development of Rus' during the period of feudal fragmentation
- The influence of the Mongol-Tatar invasion on the development of the state and legal system of Rus'
- Prerequisites for the formation of a Russian centralized state. Features of the Russian centralized state
- Social system and legal status of the population during the formation of the centralized Russian state. Development of the process of enslavement of peasants
- The political system during the formation of the Russian centralized state
- Palace and patrimonial management system. Feeding system
- General characteristics of the Pskov Judicial Charter, its system, sources
- Real, liability and inheritance law according to the Pskov Judicial Charter
- Criminal law according to the Pskov Judicial Charter
- Sudebnik 1497 General characteristics
- Sudebnik 1550 General characteristics, system and sources
- Litigation of the Russian centralized state
- The system of letters of commendation of the Great Moscow Prince
- Statutory letters, their content, action in time, circle of persons and territory
- Bodies of the court according to the judges of 1497, 1550
- The system of labial institutions
- Stoglav 1551 Family and marriage law
- Economic and political prerequisites for the formation of an estate-representative monarchy in Russia, its characteristic features
- Bodies of class representation, their competence and relationship with autocratic power
- Mandatory management system and local self-government system during the period of the estate-representative monarchy
- Reforms of Ivan the Terrible
- Causes and stages of enslavement of peasants
- General characteristics of the cathedral code of 1649
- Forms of land tenure according to the cathedral code of 1649
- Public and criminal law according to the conciliar code of 1649
- History of codification in Russia
- Prerequisites for the emergence of absolute monarchy in Russia, its features
- Reforms of feudal landownership and estate reforms of Peter the Great
- Letter of commendation to the nobility of 1785 Letter of commendation to the cities of 1785
- The legal status of peasants in Russia during the period of absolute monarchy
- Supreme authorities and administration in the first quarter of the XNUMXth century
- Administrative-territorial structure of Russia and local self-government of the XNUMXth century
- Judicial system and police authorities in the 18th century
- Military reform of Peter I
- Code of punishment for criminal and correctional 1845
- Legal status of Poland within the Russian Empire. Ukrainian autonomy in the XVII-XVIII centuries
- Civil law according to the code of laws of 1833
- Fiscals and prosecutors at the end of the XNUMXth - first half of the XNUMXth centuries
- Prerequisites for the bourgeois reforms of the XNUMXth century
- Peasant reform of 1861
- Zemstvo reform of 1864 City reform of 1870
- Establishment of Judicial Institutions 1864
- The Charter of Criminal Proceedings of 1864
- The procedure for the formation of the State Duma (1905-1907)
- Manifesto on the improvement of state order October 17, 1905 Basic state laws of 1906
- Judicial reform (organs of the court according to judicial statutes)
- Stolypin agrarian reform
- Russia on the eve and during the First World War. The state apparatus in Russia at this stage of time
- February revolution of 1917 Supreme authorities March-October 1917
- Dual power
- The emergence and development of councils. Establishment of local councils in 1917-1918
- Soviet law enforcement agencies (police, military emergency commissions): their competence and formation
- Legislation on the liquidation of the class system and the legal status of Russian citizens in 1917-1918
- Socialist law: its sources and features
- Declaration of the rights of the peoples of Russia
- Constituent Assembly. III Congress of Soviets of Workers', Soldiers' and Peasants' Deputies
- General characteristics of the constitution of the RSFSR of 1918
- The formation of the armed forces of the RSFSR in 1917-1918
- Soviet judicial system 1917-1918
- Legislation of the period of War Communism and the Civil War
- Legislation on marriage and family in 1917-1918
- Labor Code 1918
- Guidelines for Criminal Law 1919
- National-state structure of the USSR in 1920-1940
- General characteristics of the new economic policy
- Judicial Reform 1922
- Decree of the All-Russian Central Executive Committee of May 22, 1922 “On basic private property rights recognized in the RSFSR, protected by its laws and protected by the courts of the RSFSR.” Civil Code of the RSFSR 1922
- Criminal Code of the RSFSR 1922 Basic principles of the criminal legislation of the USSR and union republics 1924 Criminal Code of the RSFSR 1926
- Regulations on state industrial trusts
- Law enforcement agencies during the NEP period
- USSR Constitution 1924
- Credit reform of 1930 Principles of management of agriculture and industry
- Criminal and Criminal Procedure Law in the 1930s
- USSR Constitution 1936
- Features of Soviet law and government during the Great Patriotic War. Family and marriage law according to the decree of the PVS of the USSR of July 8, 1944
- Law on universal conscription of 1939. The Red Army during the Great Patriotic War
- The judicial system and the system of law enforcement agencies according to the "Fundamentals of Legislation of the USSR and Union Republics" 1958
- Civil and Criminal Codes of the RSFSR 1964
- USSR Constitution 1977
- The period of formation of the statehood of the Russian Federation (1986-1993)
- The Constitution of the Russian Federation of 1993 Development of Russia at the present stage
19. Sudebnik 1497. General characteristics
Sudebnik 1497 ("Grand Duke's Code") - a typical feudal codified law. It was published during the reign of the Grand Duke of Moscow Ivan III. His project was prepared by deacon Vladimir Gusev.
Prerequisites for the adoption of the Sudebnik:
1) the extension of the power of the Grand Duke to the entire territory of the centralized state;
2) the destruction of the legal sovereignty of individual lands, appanages and regions;
3) the presence of a central administration and a court in the absence of their formal consolidation.
Sources of Sudebnik:
1) statutory letters of local government;
2) Pskov Judicial Charter;
3) customs, isolated cases (precedents), judicial practice;
4) Russian Truth.
Features of the Sudebnik of 1497:
1) the legislation of the veche is equated with the acts of the "Lower State";
2) the text of the Sudebnik is an amended Pskov Judicial Letter;
3) The Code of Laws is poorer than the Pskov Judicial Charter in terms of language, legal concept and editorial art.
The system of the Grand Duke's Judiciary:
1) the first part (Articles 1-36) - about the central court;
2) the second (articles 37-44) - about the provincial (viceroy) court;
3) the third part (Articles 45-55 and 67-68) - substantive law.
Procedural law was regulated by the Code of Laws in detail. The process is adversarial with elements of the inquisitorial. Torture appears as a means of proof (for example, in cases of tatba) and written records of the court session.
The court was carried out with the participation of the "best people" who were part of the court together with the grand ducal (royal) governor (an analogue of the modern jury).
The process and procedural actions are paid, at the expense of the plaintiff.
The process as a whole was adopted by the Sudebnik from the Pskov Judicial Charter.
A higher (second) court appeared - the Boyar Duma and the Grand Duke (Tsar).
The substantive law according to the Sudebnik dealt with property, inheritance rights, contracts, the transfer of peasants, and servility. The Law Code allowed the application of customary law.
Civil law: The Sudebnik of 1497 establishes the procedure for the transition of peasants on St. George's Day and during the week before and after this day, the transition is possible after paying the elderly.
According to the Sudebnik of 1497, urban keykeeping appears - a new source of servility.
Kholop received release in case of escape from Tatar captivity.
The Sudebnik duplicates the contractual law of the Pskov Judicial Letter, but expands the application of the personal contract, and the sale should now be carried out only in front of witnesses.
The Sudebnik of 1497 regulated bankruptcy.
According to the Sudebnik, the following were distinguished types of inheritance:
1) by law;
2) by will ("manuscript").
Criminal law: the crime began to be understood as "dashingly deed" (these are serious crimes attributed to the jurisdiction of the Grand Duke).
Sudebnik 1497 expanded the number of crimes new formulations:
1) sedition (state crime);
2) rise (anti-government agitation);
3) arson for the purpose of causing great damage (terrorist act);
4) head tatba (theft of slaves, theft of people in general or theft that led to the murder).
Sudebnik introduces new punishments, now the criminal law has become punitive. The death penalty, the commercial penalty (beating with sticks on the trading floor) are applied, the fine is a thing of the past.
Authors: Dudkina L.V., Shcherbakova O.V.
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