Development of the preparation of the training of civil law (on new grounds) in Austria began in 1753 with the deployment of transformations of "enlightened absolutism". For the development of the Code of Laws, a special commission from the lawyers was established. In the task of the Commission

About the plan of deposition to determine the plan of state deposits, must first be a true concept at all about the laws

About the mind of state deposition

Question 46. Lawyer in the case. Value, structure and advantage of advocacy. The main recommendations regarding the law in the case are contained in the Methodological recommendations for the maintenance of lawyers approved by the Council

Question 57. Acts of the lawyer: species, shapes, structure, content and value. It seems that the concept of the concept of an act of a lawyer investigation is solely theoretical character, since it is not only not only determined by this act, but there is no

The value of cathedral deposits 1649

According to the thought, which one can assume in the foundation of the deposits, it should have become the last word of Moscow law, a full arch of all accumulated in the Moscow office for half of the XVII century. Legislative stock. This thought is in locking, but is not particularly successful. In technical terms, as a monument of codification, it did not overtake old court. In the location of the legislation, there is a desire to portray the state system in a vertical section, descending from above, from the church and the sovereign with his courtyard to Cossacks and Corchma, as they say the last chapters. It is possible with considerable efforts to reduce the heads of deposits into the departments of state law, judiciality and proceedings, of real and criminal law. But such groups remained for codifiers only to bring into the system. Sources are exhausted incomplete and randomly; Articles taken from different sources are not always agreed between themselves and sometimes they did not fall into their places, rather fell into a bunch than collected in order.

Vintage copy of cathedral

If the Code acted in us almost in the continuation of two centuries to the Code of laws of 1833, this is not talking about the advantages of Alekseevsky Vault, but only about how long we can do without satisfactory law. But as a monument of legislation, the Code made a significant step forward relatively to the Cover. This is no longer a simple practical guide for the judge and the ruler, setting ways and the procedure for restoring violated law, and not the right. True, in the deposition of only more space, the formal law is assigned: the head of the court is the most extensive, in terms of the number of articles is almost a third of all the deposits. It made important, but understandable gaps and in material law. In it, we do not find the basic laws, which, then in Moscow, did not have the concepts, pleaseing the will of the sovereign and the pressure of circumstances; There is no systematic presentation of the family law, closely connected with ordinary and church: they were not solved to touch either the custom, too sleepy and smooth, nor the clergy, too delicate and jealous to their spiritual and departmental monopolies. But still, the exhibition is much wider than the lawsuit seizure the field of legislation. It is trying to already penetrate society, determine the situation and mutual relations of the various classes, speaks of servicing people and serve as a land tenure, the peasants, and the Posads, Hallops, Strels and Cossacks. Of course, here the main attention is paid to the nobility, as on the dominant military-serving and landowner class: without a small half of all articles, the deposits directly or indirectly concerns his interests and relationships. Here, as in your other parts. The crown tries to resist on the basis of reality.

New ideas

But with a general walk-in its character, the exhibition could not refrain from two converting aspirations indicating, in which direction will the further construction of society go or have already followed. One of these aspirations in the sentence was directly supplied directly as the task of the codification commission: it was instructed to compile a project of such a placement so that "all the ranks of people from great and to the smaller Ninea and the court was in all sorts of Delek all Roven." This is not the equality of all before the law, excluding the difference in the rights: here is the equality of the court and the violence for all, without privileged compells, without departmental differences and class benefits and seizures, which existed in the then Moscow judiciality, it is meant the court is the same, unilent and for boyar, and for commoner, with the same jurisdiction and procedure, although not with the same punishability; To judge everyone, even the visitors of the Inomes, the same court in the truth, "the face of strong and eliminating the offended (offended) from the hands of the wrong" - so prescribes the head of the X, where an attempt is made to draw such a smooth judgment and reprisal. The idea of \u200b\u200bsuch a court proceeded from the generally accepted general rule to eliminate any preferential and attitude connected to the damage for state, especially of state interest.

Another desire that emanated from the same source was carried out in chapters on the estates and expressed a new look at the ratio of a free person to the state. To express this aspiration, it is necessary to move away from modern concepts about personal freedom. For us, personal freedom, independence from another person, not only an integral right, protected by law, but also the obligation required by the rights. None of us wants, and can not become a formal hob under the contract, because no court will give protection to such a contract. But do not forget that we study the Russian Society of the XVII century. - Society Holopovalovka, in which the serfdom has been operating, expressed in various types of butter, and to these species in the era of deposits, as we will see it soon, a new kind of dependence was ready to add, the fortress peasant capture. Then, the legal staff of personal freedom included the right of a free person to give their freedom for a while or forever another person without the right to terminate this dependence on their will. On this right, various types of Old Russian Halds were founded. But before taking, we had a personal dependence without a fastener, created by a personal mortgage. To lay down for someone meant: in providing a loan or in exchange for any other service, for example, for submitted benefits or judicial protection, to give their identity and work to the order of another, but maintaining the right to interrupt this dependence at its discretion, of course, Clearing the obligations of mortgage. Such dependent people were called in specific centuries. bedding, and in Moscow time blades.

The loan for work was for a poor man in ancient Russia the most advantageous way of placing his work. But, differing from the Haltophry, the mortgage began to assimilate himself a hip with the benefit, freedom from state duties, which was abuse, for which the law was now ridicked against the mortars and their receivers: turning the concurrents in the case. The yoke (ch. XIX) threatened them to repeat the "cruel punishment", whip and reference to Siberia, on Lena, and the receivers - the "Great Opal" and the confiscation of land, where the lockers will continue to live. Meanwhile, for many poor people, the coolant and even more the mortgage have come out of a serious economic situation. With the then cheapness of personal freedom and with the general disabilities of benefits and patronage, "Casting", a strong acceptor were valuable benefits; Therefore, the abolition of the layout struck by the layers with a heavy blow, so that in 1649 they stood in Moscow a new riot, having disappeared by the king of anything with all the time. We will understand their mood without sharing it. A free face, servilatory or heavily, entering the chores or puts, disappeared for the state. The exhibition, constituent or forbilling such transitions, expressed the general norm, by virtue of which the free face obliged to state-owned or service could not refuse his freedom, however, the obligations in front of the state lying on a free person; The person should belong and serve only the state and cannot be a draw by private property: "baptized people are not sold by anyone" (ch. xx).

Personal freedom has become mandatory and maintained by the whip. But the right, the use of which becomes mandatory, turns into a service. We do not feel the severity of this service, because the state, without allowing us to be holp and even half-hearth, protects the most expensive our orphanage in us - the human personality, and all our moral and civil creature is worth the constraint of our will from the state, For this service, which is more expensive than any right. But in the Russian society of the XVII century. Neither personal consciousness nor public morals supported this universal service. Fortunately, which is higher than the price for us, for the Russian black person of the XVII century. There was no price. And the state, who reverends the person a private dependence, did not protect a person or a citizen in it, and Bererked for himself his soldier or payer. The imposition did not cancel the personal captivity in the name of freedom, and personal freedom turned into unfortunate in the name of state interest. But in the strict ban of the layout there is a party where we meet with the Bladdiers in one order of concepts. This measure was a partial expression of the common goal set in deposition - to master the public group, searcing people on locked tightly toxic cells, to sland the folk care, squeezing him into a narrow framework of state requirements, enslaving private interests. Configuration only felt the severity that was lounge and other classes. It was a common folk victim, forced by the state of the state, as we see, studying the control device and the estates after the troubles.

New-science articles.

Completing the legislative work of the previous time, the Code served as the initial moment for further legislative activities. The shortcomings began to be felt soon on the entry into force. It was complemented and corrected in parts novocaznaya articleswho served his direct continuation: these articles about tatebny, robbery and murderer 1669, about estates and verchus 1676-1677 et al. This detailed, often the petty revision of individual articles of deposits, performed by oscillations, then canceled, then restored the separate legalization of the arch of 1649, very curious as a reflection of the moment of Moscow state life, when its leaders began to master doubts about the suitability of the rules of law and management techniques. , whose goodness was so believed, and they confusely began to feel the need for something new, disadvantaged, "Europsky".

V. O. Klyuchevsky. Russian history. Full course lecture. Lecture 47.

The political significance of the moment

Such was the victory of the middle classes at the Cathedral of 1648. From the new law, they won, and their everyday rivals losing upstairs and at the bottom of the then social staircase. As in 1612-1613. The average sectors of society prevailed due to their internal solidarity and superiority of forces, so in 1648 they achieved success thanks to the unity of mood and action and the numerical predominance of the cathedral. And all the participants of the "Great Zemsky Affairs", what was the preparation of deposition, understood the importance of a minute. Someone pleased: those in whose favor was performed, found that the celebration of justice comes. "Now the sovereign is gracious, strong from the kingdom displays, - wrote one nobleman to another, - and you, the sovereign, the violence does not start, so that the world does not told!" Some even found that it should be further on the intended path of change. Thus, Kursk servants were unhappy with their elected at the Malyshev's Cathedral and "noisy" on him, in one expression, for the fact that "the sovereigns of the Cathedral stirring on the jobs are not against all the articles of the state decree,", but for another expression , for the fact that "he did not fulfill their rosary of their pleasure in Moscow. But if some wanted even more than they got, then the other and what was done seemed to be bad and sinister. Configuration, taken from preferential private dependence in heavy states, gloomy said that "go knee-deep in the blood." In their opinion, the society worried a direct confusion ("the world is all swinging"), and the massage of the mass could be seized on open violence against oppressors, because this mass would be afraid. Not one common thought thought. Patriarch Nikon has expressed a sharp criticism of an exhibition, calling him "damn" and a lawless book. According to his view, it is made up by the "man of pregords", the prince of Odoyevsky inappropriate to the royal director and transferred to the Zemsky Cathedral from fear of the Mir. He wrote: "That all knows that the cathedral was not on the will, fear for the sake of the sake of and between all black people, and not the truth of the truth." Of course, Nikon was worried about other feelings than Boyar holders, in a big note he argued that the initial intentions of the sovereign were to simply collect the old laws "in anything excellently" and teach them to secular society, and not Patriarch and not church people . The deception of the "false legislative" of the Odoyevsky and the Interdiscomfort from all black people was released "by the decree of the same Patriarch with Sagittarius and with a man" and there were glaring violations of property and judicial benefits of the clergy in new laws applied by Zemski. Therefore, Nikon did not recognize the legality of the deployment and repeatedly asked the sovereign to "retain", i.e. Cancel. Such was the attitude towards the cathedral and its laid book at the brightest representative and the then hierarchy. We can be sure that he sympathized with others; The reform of the deposition of the oscillatory is the principle of independence and features of the church system and subordinate church faces and ownership of the national court; Moreover, she painfully touched upon the economic interests of church landowners. There could be no sympathy for her in the clergy, as it could not be sympathy for the very Zemsky Cathedral, which conducted a reform. The boyars also did not have the grounds to approve the Cathedral practice of 1648 in the middle of the XVII century, from the scattered sort of residues of old boyars, both a new aristocracy of the court-bureaucratic character managed to develop a new aristocracy of the court-and-bureaucratic nature. Without feeding any political claims, this boyars adopted a "conjugated" character, appealed to the official and, as we saw, led to the management of the cathedrals. Although new boyars and their assistants, devils, originated from the ordinary nobility, and sometimes below, nevertheless they had their own Honor and a great desire to inherit not only the lands of old boyars, but also the landowner benefits of an old type, once characterized by themselves Specific princely possessions. Processed by I. E. Pobalin Documents of the Votchin of the famous B. I. Morozov introduce us to the exact intelligence of those purely state management techniques, which existed in the "courtyard" and in "orders" Morozov. This is a latitude of economic scope, supported by benefits and actual irresponsibility in everything, and served as the subject of complaints from the small-position serve of Luda and citizens. The Code conducted the beginning of general equality before the law and power ("so that Moskkogo states of all the ranks of people, from Bolshago and to Menshgo, the court, the court and the rules were in all sorts of Delech everyone,") and this became against Moscow boyars and undism for the small sshku provincial worlds. The claims of this tower to protect themselves through the Cathedral jobs from the insult of the Nasilnikov, the Moscow Administration of Himself called "noise" and "different whims", and the noisy - "mischievous". The trend of deploying and jobs of the Cathedral people could not like the Moscow and Boyarskaya and the Dyutic bureaucracy. So, with clarity it is found that the Cathedral convened for the humation of the country of 1648 led to the disasters and displeasses in the Moscow society. Cathedral representatives of the provincial society reached their goal restored strong people and the fortress mass against themselves. If the latter, not miring with the attachment to the landlord, began to protest the "Gile" (that is, the riots) and the revenue to the Don, prepare there with soliskens, - then the public vertex elected the legal path of actions and led the government to the complete cessation of the Zemsky Councils .

S. F. Platonov. Full course of lectures in Russian history

Cheat Sheet on the history of the state and law of Russia Duddina Lyudmila Vladimirovna

32. General characteristics of cathedral deposits 1649

Author Omelchenko Oleg Anatolyevich

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§ 1. The overall characteristics in Chapter 24 of Tom I of this textbook showed various, mainly non-voted, legal basis for the use of the housing. It is also advisable to consider contractual foundations and the content of the contract of hiring a housing. In the course of many

Every frankly pronounced thought, no matter how false it is, any clearly transmitted fantasy, no matter how reliable, may not find sympathy in some soul

Lev Tolstoy

In this article, we will consider the Cathedral Code of 1649 briefly, as one of the first documents that systematized the legislation of Russia. In 1649, for the first time in the history of Russia, the codification of state law was carried out: the Zemstvo Cathedral was developed by the Cathedral Code. In this regulatory document, for the first time, the main laws of the state were not simply collected, they were classified by industry. This has significantly simplified the system of Russian legislation, ensured its stability. This article describes the main reasons for the scorporic custody of 1649, its main meaning and brief description, as well as the main consequences of the adoption of the law on the development of Russian statehood.

Causes of the adoption of cathedral deposits of 1649

In the period between 1550 and 1648, about 800 decrees, laws and other regulatory acts were published. Especially many of them came out during the Troubles. Work with them required not only big knowledge, but also a lot of time to process. In addition, there were cases when some provisions of one decrease could be contrary to others, which brought great damage to the system of legislation of the Russian kingdom. These problems were forced to think about conducting the codification of existing laws, that is, their processing and compiling the single and holistic draft of laws. In 1648, a salt riot was held in Moscow, one of the claims of the rebels was called to convene the Zemstvo Cathedral to create a coherent and unified law.

Another reason for pushing Alexei Mikhailovich to create the Cathedral Casting of 1649 was the state trend towards the absolute monarchy, which required a clear consolidation in the laws. The king from the young dynasty of Romanov actually focused all the power in his hands, limiting the influence of the Zemstvo Cathedral, however, the new political system required consolidation in the laws. Also new class relationships, and especially the status of the nobility and the peasantry (trends towards the formation of serfdom) also needed legal revision. The whole set of reasons led to the fact that at the end of 1648, Alexey Mikhailovich convened the Zemsky Cathedral, giving him a task to form a single set of laws, which went down in history as a Cathedral Code.

Sources of deposits and work on its creation

To create an arrangement of laws, a special commission was created, consisting of approximate to the king, led by Prince Nikita Odoyevsky. In addition to him, the commission included the hero of the Smolensk war, Prince Fyodor Volkonsky, as well as Dek Fedor Griboedov. In the work of the Commission, personally participated in King Alexey. The basis for writing cathedral deposits of 1649, if briefly, served as arms of legal sources:

1. Covern 1497 and 1550. The basis of the Russian legal system of the 16th century.
2. Claimed books of orders, where basic laws and orders were collected, which were gathered at the end of the 16th - the first half of the 17th centuries.
3. Lithuanian statute 1588. The main law of the speech by the compulciety of this period served as a model of legal equipment. From here, legal formulations, phrases, rubrics, as well as ideas about the position of the peasantry were taken.
4. The petitions received for consideration into government bodies from the boyars. They indicated the main requests and wishes regarding the existing legal system. Also during the work of the Commission, it was sent to its participants from various regions of the country.
5. Feeding book (nomocanon). These are collections of laws that concerned the church. This tradition came from Byzantium. The feeding book is used when controlling the church, as well as in the organization of church courts.

Characteristics of deposits by industry

In 1649, the Cathedral Code was completely completed. It is interesting that it was not only the first collection of laws of Russia, formed by headings, which were determined by the areas of law. It was the first set of laws of Russia, which was in printed form. In total, the Cathedral Code consisted of 25 chapters in which there were 967 articles. Historians of Russian law allocate the following legal sectors, which were disclosed in the Cathedral Covering of 1649:

State law

The law completely determined the legal status of the monarch in Russia, as well as the mechanisms of inheritance of power. Articles from this branch of law have been given questions, from the point of view of the legality of the proposal of the Romanov dynasty on the throne. In addition, these articles secured the process of the formation of an absolute monarchy in Russia.

Criminal law

First, the types of crimes were classified here. Secondly, all possible types of punishment are described. The following types of crimes were allocated:

1. Crimes against the state. This kind of crime first appeared in the legal system of Russia. Insults and other illegal actions against the monarch, his family, as well as conspiracy and treason were considered a crime against the state. By the way, in cases where the relatives of the criminal, knew about the crime against the Russian state, they carried the same responsibility.
2. Crimes against public administration. This category includes: fake coins, unauthorized intersection of the state border, the date of false testimonies and accusations (recorded in the law the term "yabedanium").
3. Crimes against "rallying". Under these crimes, there was a covering of runaway people and criminals, sales of stolen and the content of the doors.
4. Official crimes: bribery, wastefulness of state money, non-victim, as well as war crime (primarily looting).
5. Crimes against the Church. This was the blasphemy, the transition to another faith, the interruption of the church service, etc.
6. Crimes against personality: murder, causing injuries, beatings, insult. By the way, the murder of the thief at the crime scene was not considered a violation of the law.
7. Property crimes: theft, robbery, fraud, concoction, and so on.
8. Crimes against morality. In this category there was a betrayal of his wife, "Blud" with a slave, disrespect for parents.

As for the punishment for crimes, the Cathedral Code of 1649 allocated several main species:

1. Hanging, fourth, head cut, burning. For counterfeitness, the criminal was poured molten iron into the throat.
2. Core punishments, such as branding or beating with baotogs.
3. TERMAL CONCLUSION. The term was from three days before the lifelong deprivation of freedom. By the way, the prison sedles should have contained relatives of prisoners.
4. Link. Initially used for the highest persons who fell into disgrace ("opal") to the king.
5. Big punishment. Also applied to higher classs, the privileges were imprisoned through a decrease in the rank.
6. Penalties and confiscation of property.

Civil law

For the first time in the history of Russia, attempts were attempted to describe the institution of private property, as well as the allocation of social capacity. So, the young man could endure the estate. The types of contracts for the transfer of property rights are also described: oral and written. The Cathedral Code determined the concept of "acquiring pressure" - the right to receive a thing in private ownership, after using it a certain time. In 1649, this period was 40 years. The basis of the civilian industry of the new Code of laws was the consolidation of the estimated nature of Russian society. All civilians were regulated, the nobility was the main support of the absolute monarchy.

In addition, the Cathedral Code of 1649 briefly, but finally completed the reassigning of the peasants: the landowner had the right after any time after escape to look for runaway peasants. Thus, the peasants finally "attached" to the ground, becoming the property of the landowner.

Family law

The Cathedral Code did not concern directly family law, since it was the competence of the Church Court. However, individual articles of the Code of laws concerned family life, describing the basic principles of family relations. So, parents had a great power over children, for example, if the daughter killed someone from her parents, then she was executed, and if the parent killed the child, he received a year of prison. Parents had the right to beat children, and they were forbidden to complain about their parents.

As for married couples, the husband had the actual ownership of his wife. The marriage age for a man was 15 years old, and for a woman - 12. The divorce was rigidly regulated, allowed only in some cases (care to the monastery, the inability of his wife to give birth to children, etc.).

In addition to the above provisions, the Cathedral Clause has concerned the procedural component of law. Thus, the following procedures were enshrined, the purpose of which was to obtain evidence:

1. "Search". Inspection of things as well as communication with possible witnesses.
2. "True". Spanking by rods of an insolvent debtor for a certain time, in exchange for a fine. If the debtor had money before the end of the "right-hander" period, then the beating stopped.
3. "Search". Application of various means for finding a criminal, as well as for interrogation for obtaining the necessary information. In the deposition, the right to use torture was described (no more than two times using breaks).

Additions to the law in the 17th century

During the second half of the 17th century, additional laws were adopted, which made changes or additions to the Code. For example, in 1669 a law was adopted to increase sentences for criminals. It was associated with an increase in crime in Russia during this period. In 1675-1677, additions were adopted about the status of victuchin. It was associated with an increase in the number of disputes regarding the right to land. In 1667, the Novotor Charter was adopted, which was called upon to support the Russian manufacturer in the fight against foreign goods.

Historical meaning

Thus, the Cathedral Code of 1649 has several values \u200b\u200bin the history of the development of the Russian state and the right:

1. It was the first set of laws, which was printed by typographical way.
2. The Cathedral Code eliminated most of the contradictions that existed in the laws of the late XVI-first half of the XVII century. At the same time, the Code took into account the previous achievements of the Russian legislative system, as well as the advanced experience of neighboring states in the field of lawmaking and codification.
3. Formed the main features of the future absolute monarchy, the support of which the nobility became.
4. Finally formed serfdom in Russia.

The Cathedral Code of 1649 operated until 1832, when Speransky was developed by the Code of Laws of the Russian Empire.