23. Statutory letters, their content, action in time, circle of persons and territory

The most important type of commandments refers to the prohibition of lawless acts and abuse of power by the governors and their people, the protection of the state from which was manifested in the drafting of charters.

Types of statutory letters: letters of vicegerent administration; lip letters; land letters.

Statutory letters of the vicegerent administration became widespread in the XIV-XV centuries. They could be granted to governors or volosts.

Content such statutory letters depended on the rights they granted:

1) the statutory letters of viceroy contained the features of the relationship of the governor or volost with the inhabitants of the county or volost governed by them;

2) statutory letters could contain not only the rights of the governor or volost, but also their obligations to the population of the province - these letters were called statutory letters to order.

Statutory letters contained a list of powers of governors or volostels, but these powers could only be exercised within the framework of the law. Consequently, the contents of the statutory letters included lists of what the viceroy of the Grand Duke should do within his parish, what he should not, and what he had the right to do in this regard. Statutory letters are not privileges, they are local laws.

Contents of statutes also included:

1) the prohibition of illegal actions of both the governor himself and his servants;

2) the size and type of the governor's food;

3) the amount of court expenses and fines deducted in favor of the governor (court fees, criminal fines in favor of the governor, fees for summoning to court, fees from the arrest of the accused);

4) trade and wedding duties;

5) regulation of relations between the judiciary of the governor and the central court;

6) the right of the inhabitants of the province to complain about their governor;

7) norms of substantive criminal law (their number, as a rule, was insignificant, since they were indicated only in connection with the viceroy's rights to a criminal court and duties).

Lip letters - certificates establishing labial institutions. Lip charters have existed since the 30s. XNUMXth century until the end of the XNUMXth century.

The lip charters had the force of law. Their action, in contrast to the statutory letters of the vicegerent administration, extended to the entire population, including the service classes.

The contents of the lip letters included:

1) the name of the body established by the charter;

2) the procedure for the election and appointment of officials of this body;

3) composition of the provincial institution;

4) the rights and obligations of this institution;

5) the norms of substantive criminal law (their number, as in the charters, is insignificant, but they later served as sources of the codified criminal law).

Statutory zemstvo letters contained rules of law on local zemstvo self-government. The period of distribution of zemstvo charters begins in 1552 and ends in the 2nd quarter of the XNUMXth century. Zemstvo charters extended their effect to the entire population.

Zemsky charters dealt with a wider range of legal relations than labial and charter ones, since they simultaneously contained the provisions of two other types of charters and included the rights:

1) financial;

2) police officer;

3) criminal;

4) civil (on issues of competence of zemstvo institutions).

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

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