20. Sudebnik 1550. General characteristics, system and sources

New Sudebnik - "royal judicial code" - adopted during the reign Ivan IV the Terrible (in 1550) and published with the participation of his brothers and boyars. It received legal force only in 1551 after approval at the Stoglavy Cathedral.

Prerequisites for the appearance of the Sudebnik:

1) reforms of Ivan IV the Terrible;

2) the obsoleteness of the Sudebnik of 1497, the need for its concretization.

Sources of Sudebnik 1550:

1) Sudebnik of 1497 with additions;

2) other early legislative acts of Russia;

3) customs, judicial practice;

4) diplomas;

5) the lost Sudebnik of Prince Vasily III Ivanovich, father of Ivan IV the Terrible.

Structure of the Sudebnik 1550:

1) articles (they are already more systematized, the norms of one law are located in one department);

2) chapters (about 100).

There are no headings in the Sudebnik of 1550. It contains rules governing the introduction of additions to the Code of Laws.

Innovations of the Sudebnik of 1550 (in comparison with the Sudebnik of 1497):

1) it was forbidden to issue tarkhan (tax exemption) charters;

2) the principle "the law has no retroactive effect" appears;

3) the procedure for making additions to the Sudebnik has been established;

4) severe criminal penalties were established for judges for abuse of power, unfair sentences and for denial of justice;

5) the activities of elected elders and kissers in the court of governors, "judicial men" in legal proceedings were clearly regulated;

6) the features of the search process are strengthened;

7) there is a class principle of punishments;

8) slaves are included in the circle of subjects of the crime;

9) the forms of guilt are more clearly defined.

Types of punishments according to the Code of Laws of 1550:

1) the former according to the Sudebnik of 1497: the death penalty, the commercial penalty (beating with sticks on the trading floor), a fine is still applied;

2) imprisonment (new).

Compositions of crimes according to the Code of Laws of 1550. New:

1) forgery of judicial acts;

2) fraud, etc.

Similar to Sudebnik 1497:

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).

Civil law institutions according to Sudebnik 1550:

1) the right to redeem the patrimony;

2) a new procedure for turning into servitude;

3) ownership right;

4) contract law;

5) law of obligations, etc.

The process according to the Sudebnik of 1550 largely coincides with the proceedings according to the Sudebnik of 1497.

The process is still adversarial. However, at this stage, elements of the inquisitorial process (torture, etc.) became more and more evident.

Litigation has become completely formalized: a protocol of the court session is drawn up, cases are initiated on the basis of a statement of claim by the plaintiff or an application for a crime, procedural actions are performed at the expense of the plaintiff, he contributes money to the court.

More and more spread court of "best people".

There was a higher (second) judicial instance - Boyar Duma и Grand Duke (tsar). They had the right to review the decision of the lower courts, with the exception of (this is not known exactly) the ecclesiastical court.

The Sudebnik of 1550 became the basis for the subsequent development of legislation, its codification.

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

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