4. Sources of law of the ancient Russian state

Sources of law are an official document or a document of a different form containing the rules of law at a particular historical stage or generally not documented rules of law.

Sources of law of the Old Russian state - sources of law that existed during the formation and development of the Old Russian state.

Types of such sources of law.

1. Custom. It existed and was used until 1917 on the territory of the Russian state, but only for the peasantry.

2. Written monuments of law. They relied in their provisions on customary law, which only through them received official recognition:

1) First Russian True (belongs to the type of barbarian truths, i.e., such laws that were adopted at the initial stage of the existence of the peoples who conquered the Roman Empire; such collections of legal norms were of the same type, since they all contained customary law, were not structured and systematized; they contained norms of procedural (formal) law, forms of establishment of law and sanctions for offenses);

2) Russian Pravda 1016-1019 and Truth of the Yaroslavichs (they belong to collections of canon law and represent already more structured and systematized sources of ancient Russian law, mainly devoted to criminal and criminal procedure law in Russia of that period);

3) Stoglav 1551 (it is already characterized by a more complete scope of legal norms not only of a criminal and criminal procedural nature, but also of all other spheres of public life: family relations, civil, etc.);

4) Pskov and Novgorod judicial charters of the XIV-XV centuries. (adopted on the basis of Russian Pravda, but represented by a much wider range of norms; these norms reflected the transition to a unified Moscow state).

3. Interstate treaties:

1) treaties of northern Russian tribes - are characterized by archaism, i.e., their norms are not assigned to any particular branch of law, but at the same time they are more systematized than barbaric truths;

2) treaties between Russians and Greeks - are the most ancient source, they were based on Byzantine law, which in many respects had the features of Roman law, therefore, the structure of these treaties was similar to the modern one: preamble, main part and conclusion; these treaties established the equal right of subjectivity of Russia and Byzantium, regulated the procedure for extraditing criminals to each other, the procedure for trading with each other, formalized relations between Byzantium and Russia;

3) treaties between Russians and Germans in the 12th-13th centuries. (they established a trade alliance with German cities, which assumed that the representative of Rus' and the Germans should each sue according to their own right);

4. Church charters. The church during the period of the ancient Russian state had a significant influence on the entire system of government and law, these charters fixed the tithe (tax of the church), the competence of church courts, which in those years were the only ones in family and hereditary relations.

5. Acts of legal life, i.e., contracts, letters, etc., have come down to us poorly. Interprincely ranks (contracts) - about marriage, purchase and sale, deeds of gift.

6. Legal proverbs and sayings. Their historical significance for researchers lies in the fact that they testify to how the population perceived law and the state system.

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

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