History of state and law of Russia. General characteristics of the cathedral code of 1649 (the most important)

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History of state and law of Russia. General characteristics of the cathedral code of 1649 (the most important)

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32. General characteristics of the cathedral code of 1649

On July 16, 1648, the tsar and the Duma, together with the council of the clergy, decided to harmonize and bring together in one code all the sources of the law in force and supplement them with new regulations.

Draft Code was a commission of boyars: prince Odoevsky, prince Seeds of Prozorovsky, roundabout prince Volkonsky and Dyakova Gavrila Leontiev и Fyodor Griboyedov. At the same time, it was decided to convene the Zemsky Sobor for consideration and approval of this project by September 1. Ultimately, the discussion of the Code was completed in 1649. The original scroll of the Code, found by order of Catherine II by Miller, is currently kept in Moscow. The Code is the first of the Russian laws, published immediately after its approval. 1st time The code was printed April 7-May 20, 1649. Then in the same, 1649 (August 26-December 21). When the third edition was made under Alexei Mikhailovich is still unknown. Since then, the printing of laws has been a necessary condition for the publication of laws.

Significance of the Council Code of 1649 great, since this act is not only a code of laws, but also a reform that gave an extremely conscientious response to the needs and demands of that time.

Cathedral Code of 1649 is one of the most important legal acts adopted at a joint meeting of the Boyar Duma, the Consecrated Cathedral and elected from the population. This source of legislation is a scroll 230 m long, consisting of 25 chapters, divided into 959 handwritten columns, printed in the spring of 1649 in a huge circulation for its time - 2400 copies.

Conventionally, all chapters can be combined into 5 groups (or sections) corresponding to the main branches of law: Ch. 1-9 contain state law; ch. 10-15 - the charter of legal proceedings and the judiciary; ch. 16-20 - real right; ch. 21-22 - Criminal Code; ch. 22-25 - additional articles about archers, about Cossacks, about taverns.

Sources in the preparation of the Code were:

1) "Regulations of the Holy Apostles" and "Regulations of the Holy Fathers";

2) Byzantine legislation (as far as it was known in Russia from helmsmen and other ecclesiastical-civil legal collections);

3) old code of laws and statutes of former Russian sovereigns;

4) Stoglav;

5) legalization of Tsar Mikhail Fedorovich;

6) boyar sentences;

7) Lithuanian statute of 1588

Cathedral Code of 1649 for the first time determines the status of the head of state - autocratic and hereditary king. The attachment of peasants to the land, the township reform, which changed the position of the "white settlements", the change in the status of the patrimony and estate in the new conditions, the regulation of the work of local governments, the mode of entry and exit - formed the basis of administrative and police reforms.

In addition to the concept of "dashing deed" in the meaning of "crime", the Council Code of 1649 introduces such concepts as "theft" (respectively, the offender was called a "thief"), "guilt". Guilt was understood as a certain attitude of the offender to the deed.

In the system of crimes, the following criminal-legal structures were distinguished: crimes against the church; state crimes; crimes against the order of government; crimes against decency; malfeasance; crimes against the person; property crimes; crimes against morality; war crimes.

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

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