24. Bodies of the court according to the judges of 1497, 1550

Code of Laws of 1497 and 1550 became the main sources of legislation during the formation of a single centralized Russian state.

They were devoted to civil, inheritance rights, contained norms of criminal law, provisions concerning innovations in legal proceedings and the structure of the judiciary.

With the strengthening of the entire state apparatus, the apparatus of the judiciary has also expanded significantly, their powers have expanded, even arbitrariness, the features of the class court are becoming more and more evident (the features of this period in the development of the judicial system).

The highest for all judicial instances was the Grand Duke, who considered cases of particular importance and could consider cases in order to appeal the verdict of the boyar court or the local court.

Main court - boyar court. In these courts there were clerks who were called upon to ensure the organizational work of the Boyar Duma to resolve cases (draw up a protocol, bring in persons who did not appear, etc.).

The decisions of the boyar court could be appealed by filing a complaint with the Grand Duke himself.

Sudebniks of 1497, 1550 singled out local courts:

1) court of the governor;

2) the court of the volost.

These courts differed in the degree of their power. The governors "kept feeding with the boyar court", that is, they could decide all cases and apply all types of punishments.

The competence of the volosts was without the boyar court, therefore, they were not entitled to apply the death penalty without a report from the central government and its prior consent.

In local courts (governors and volostels) were appointed special support officers:

1) closer agents who summoned the parties and other persons to court;

2) lawyers (the powers of these auxiliary persons included the execution of court sentences).

In order to ensure investigative proceedings, boyar children and “good people” (representatives of the propertied sections of the population: in the cities - merchants, and in the black lands - wealthy peasants) took part in local courts simultaneously with the governors and volosts. They accepted their authority to search for “known dashing people” “by kissing the cross” (by oath), their words were not questioned and were considered evidence. If a person accused by boyar children or “good people” denied his guilt, he was unconditionally found guilty.

Decisions of local courts could be appealed to higher authorities:

1) orders;

2) Boyar Duma;

3) the Grand Duke (in exceptional cases).

In order to ensure a new formalized legal proceedings (drawing up minutes of a court session, preparing cases for consideration, selecting statements of claim and statements of a crime, collecting judicial and enforcement fees, ensuring the appearance of parties in court, etc.), the judges of 1497, 1550 introduced to the courts new faces to the courts:

1) court;

2) elders;

3) "best" people (this was a prototype of a jury trial, but people with a certain property wealth were selected into it).

The main authority that resolved cases of crimes against the family and religion was church court. He made extensive use of all forms of the inquisitorial process. The decisions of the ecclesiastical court were not reviewed.

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

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