Law of Russian medieval republics Ivan Savelev Northern

Law of Russian medieval republics Ivan Savelev Northern Arctic Federal University named after M. V. Lomonosov Arkhangelsk, Russia

Questions 1. 2. 3. 4. 5. 6. 7. Introduction, sources of law Criminal law Civil law Family law Inheritance law Court system Process

Introduction 2 main documents - Novgorod Judicial Charter (1440, 2 nd edition 1471) 42 articles, private and public law - Pskov Judicial Charter (1467) 120 articles, first 108 since 1397

Sources - Russkaya Pravda - Legislation of veche - Agreements with knyaz (prince) - Case law - Common law - Agreements with foreign merchants

Criminal law In Novgorod charter most articles In Pskov charter – half of articles Crime – action prohibited by law Systems of crimes (based on object): - against person (life, health, honor and dignity) - against property - against process and administration, malfeasance (new object) - against state (new object)

Criminal law Subject of crime: - since 7 years (first Eucharist) - general legal capacity - holop (slave) is not subject of crime Mental element in crime: - only intent Now guilt: - intent (direct and inderect) - carelessness (criminal levity, criminal negligence) No legal liability with absence of guilt “the plaintiff and the bailiff did not respond when their coming to the house of the defendant caused a miscarriage of a frightened wife defendant”

Criminal law Stages of crime: 1. criminal attempt, no punishment 2. completed crime Contemporary situation: 1. preparation for crime (punishment only for grave crime and especially grave crime) 2. criminal attempt 3. completed crime Fellowship in crime - Instigator - accomplice - actual doer Now + head for crime

Criminal law Against person • murder • physical injuries (different levels) • insulting (puliation, using ropes for unguilty person + damaging words + snatching beard) Small amount of articles devoted to this group of crimes (Russkaya Pravda is still acting) Against property • new corpus delicti (robbery, brigandage, 3 rd larceny, larceny from apartments) + nahod - “battles between feudal lords”

Criminal law Against process and administration, malfeasance • posul (promising)bride • attack of whitness, judge or plaintiff (to change result) • false denunciation • lynch law Against state • perevet, kramola – revolt without foreign influence) • high treason

Criminal law Punishment Aim – compensation and retribution • the death penalty (dropping from the bridge, burning, hanging, killing with stones) • beating to death nearly • imprisonment, deportation • expropriation • fine Combination of punishment is possible

Civil law Property: movable and immovable Grounds for the acquisition of property rights: • acquisition of anyone not belonging to the property (apprehensio) • acquisition of property in connection with the exercise of state functions • finding • increase • by contracts • antiquity of tenure (for immovable property 5, later 15 years) + joint possession Otchina – land, belonged to aristocratic families. Relatives have preference for purchasing Rights for stranger’s things – kormlya – lifelong possibility to use stranger’s immovable property

Civil law Law of obligation Sources: - contracts - civil injury Forms of contracts: - oral - doska (board), price of contract 1 ruble or less - zapis (recording), price of contract 1 ruble or more, copy to state archive

Civil law Purchase and sale contract Special conditions for immovable property – written form, witnesses, name of penman, state registation Zavod - procedure of taking possession of immovable property Zaprodaga – preliminary sale Exchange of land Feoffment – to monastery, to daughter, to sun in law (no need to imprint stamp for donee, only for giver) Division of property – by “good agreement” or by lot Loan – zapiz or doska

Civil law maintenance obligations Personal guaranty – relatives Oral, or when subject of contract – immovable property – written form For promisor – change of creditor Pawning Expensive things, documents, immovable property Usually for 5 years

Family law Women have more rights: - widow has rights for husbands' property - daughters can inherit immovable property when there is no sons Separate property of spouses. Portion – property of wife, husband has right of possession Widow – power over children before full age Other norms like in another Rus’

Inheritance law Inheritance: - legal succession - testamentary succession Testament – written form, penmen, priest, whiteness “With full health, with whole mind” Successors by testament: sons, parents, brothers, nephews. Daughters only when they don’t have brothers. Sons have obligation to find husbands for sisters Widow – right of possessions for the rest of her life To shift property to daughters ad sons in law used deed of gift

Court system Court of arbitration “Most of the cases were decided on the way to court” Arbiters – ryadcy Court of arbitration decision – written form, names of arbiters, penman, parties of the trail, state stamp The official power Possible for all civil cases and some criminal cases

Court system State courts • Court of veche For crimes against state and justice • Court of knyaz and posadnik (one degree of jurisdiction) In Novgorod or in trail trips to provinces (law charge to equal parts) All cases, civil and criminal • Court of tysyatsky Civil cases between merchants Civil and criminal cases between foreigners

Court system • Court of sotskiy (handredman) and preapostors Took part it court of posadnik when case was about his territory, small conflicts • Court of archbishop Cases of all people belonged to church, crimes against religion, family cases, inheritance cases

Process Originating summons: - by subpoena (pozovka) - by bailiff (dvoryanin) Time for coming – 2 weeks for 100 km When defendant is absent - decision in favor of the plaintiff (bessudnaya gramota – charter without process) Postponement of process: - illness of participant - absence of participant because of state business Preventive punishment (restraint): - guaranty - safe keeping

Process Legal expenses from every act (lawsuit, decision etc. ) Depends of court (the most expensive court of archbishop) and kind of case Court decision – result of safe keeping (pravaya gramota, right charter), more expensive 2 times, or default of plaintiff (bessudnaya gramota – charter without process) Term of process: - cases about land property 2 months - another 1 month

Process Judicial representation – husband son for wife and mother + storytellers – explanations on benefits of parts of the trail Evidences: - own confession - witness - written documents - oath - lot (in cases with foreigners, impossible to have oath because different religions) - ordeal, field (judicial combat)

Process Staged: - doclad, preliminary investigation (nonobligatory stage), main information - main stage - peresud, cassation (nonobligatory stage)

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