21. Trial of the Russian centralized state

Trial during the formation and existence of the Russian centralized state in cases of petty crimes and property disputes wore accusatory nature.

Gradually, the accusatory-adversarial process was replaced by search (search) - legal proceedings with features of an emerging investigative (inquisitorial) process.

The investigative process was used in state cases and in cases of “known daring people” (especially dangerous criminals). Here, cases of public proceedings were already distinguished, i.e. they were initiated on the initiative of a state body whose competence included the consideration of such a case.

The search process included the search by “good people” for “dashing” ones.

"Kind" representatives of the propertied strata of the population were recognized (in the cities - merchants, and in the black lands - wealthy peasants). Entering, thus, into the composition of the grassroots level of the grand duke's administration, they pledged "by kissing the cross" (oath) to seize "dashing people", thieves and murderers.

Peculiarities of the investigative process: the widespread use of torture, the initiation of a criminal case, the conduct of an investigation into it, the pronouncement and execution of a sentence belonged to the same body (this significantly expanded the possibilities for judicial arbitrariness).

Key evidence in the search process:

1) the suspect's own confession;

2) being caught red-handed;

3) search.

The indictment-adversarial process also received some features of inquisitorial jurisprudence:

1) the process has become formalized, a protocol of the court session (judgment list) has appeared;

2) the parties and witnesses were summoned to court, a summons could be made in case of resistance of the person;

3) court decisions were formalized by special documents.

All innovations in civil and minor criminal proceedings:

1) the concept of limitation period appeared;

2) there was a second instance.

With the expansion of the formalization of legal proceedings, there appeared new judicial officials to serve the trial: clerks, bailiffs, non-workers (persons who were looking for the defendant, handing him a letter of summons to court), high court fees were set for filing a claim with the court, for obtaining a court decision, for searching for the defendant, etc.

Evidence in the accusatory-adversarial process:

1) own recognition;

2) oath;

3) witness statements;

4) written documents;

5) judicial duel.

Stages of the litigation.

1. Filing a statement of claim: lawsuits were filed by an interested person. They could be filed against any person, regardless of his class affiliation.

It was possible to bring to justice (both in criminal and civil cases) a man who had reached the age of 14, and a woman - upon reaching 12 years, since this age was recognized as marriageable.

2. Trial.

It was carried out by a judicial body, often with the participation of "good people" and the obligatory drawing up of a written protocol.

3. Sentencing.

It was done on the spot. If earlier the Boyar Duma made a decision by a majority of votes, now it discussed the matter until a consensus was formed, or the dispute was resolved by the Grand Duke.

The verdict could be appealed to a higher authority.

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

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