History of domestic state and law. Legal status of the population according to Russian Truth (the most important)

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History of domestic state and law. Legal status of the population according to Russian Truth (the most important)

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LEGAL STATUS OF THE POPULATION ACCORDING TO RUSSIAN Pravda

A special legal position ("above the law") had princes. Smaller feudal lords - boyars - were in a privileged legal position; for example, their lives were protected by a double vira (fine for murder).

Boyars stood out from the combat associates of the prince of his senior combatants. In the XI-XII centuries. there is a registration of the boyars as a special estate and the consolidation of its legal status. Vassalage is formed as a system of relations with the prince-suzerain; its characteristic features are the specialization of the vassal service, the contractual nature of relations and the economic independence of the vassal.

The boyars, as a special social group, were called upon to perform two main functions:

1) participate in the prince’s military campaigns;

2) participate in management and legal proceedings.

Among the dependent categories of the population according to Russian Pravda, the following groups are distinguished:

▪ smerdy (peasants) - personally free rural workers. Participated in military campaigns as militias. They had certain property that they could bequeath only to their sons. The law protected the person and property of the smerd. In the trial, the smerd acted as a full participant;

▪ purchases (ryadovichi) - persons working off their debt in the economy of the creditor. The law protected the person and property of the purchase, forbidding the master to punish him without reason and take away the property. If the purchase itself committed an offense.

then his responsibility was dual: the master paid a fine for him to the victim, but the purchase itself could be "issued by the head", that is, turned into servility; the same outcome awaited the purchase in the event of his attempt to leave the master without paying. Procurement could act as a witness in a trial only in special cases;

▪ Ryadovichi - under a contract (row) they worked for the landowner, often turned out to be like temporary slaves, their social and legal status is similar to the position of a purchase;

▪ outcasts - persons who were, as it were, outside social groups (for example, serfs released into the wild, dependent on their former master)

▪ serfs (servants) are actually slaves. They fell into servitude through self-sale (for example, to pay for the vira), being born from a slave, buying and selling (for example, from abroad), marrying a slave, entering the housekeeper (serving, for example, in the princely household), and also as a result of committing a crime ("flood and plunder", "delivery in the head"). Purchases that failed to pay the debt were transferred to servitude. The serf was not a subject, but an object of law. Everything that a serf possessed was considered the property of his master. The identity of a serf was not protected by law. For his murder, a fine was levied, as for the destruction of property. Penalty for the serf was borne by his Mr. Kholop could not act as a party to the lawsuit.

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