Sudebnik Ivan IV was made in 1550.At its base lay the previous document, written three years earlier under Ivan III.A new set of laws was the first official legal act in the history of ancient Russia, which has been recognized as the sole source of the legitimacy of the proceedings.General characteristics of Laws in 1550, which includes a brief description of its main provisions are presented in this article.
Prerequisites for creating a new document
In XV-XVI centuries the process of formation and consolidation of Russian lands ended, and there was a centralized state.Now all the power was concentrated in Moscow and in the hands of the Grand Duke.From there he managed all their lands.
At this time, there were significant changes in land tenure as a period of feudalism.These changes have led to the fact that the previously adopted laws could not fully regulate the new relations have appeared in the socio-economic sphere.There is a need to create a more updated and perfect source of legal relations, which could guide decision-making on a particular issue.Therefore, a prerequisite for the emergence of a new edition of Laws began reforms carried out by Ivan the Terrible, and the irrelevance of the previous set of laws.Furthermore, there is a need to clarify some of its entries.
aim of creating a new document, which is the Law in 1550, a summary of which is given below, was closing multiple gaps outdated set of laws.This has been achieved by supplementing it more modern and details prescribed by legislation.
Creation date Sudebnik
Majority Ivan the Terrible coincided with the time when it was composed of Law in 1550.The history of this document is as follows: under the influence of the priest Sylvester, as well as with the help of the governor gathered around a particular circle of advisers, the king began to carry out reforms.Start of implementation due to the solemn cathedral, held in Moscow in 1550-1551 years.That it was edited by the previous Law in 1497.Of the 100 existing in the new document 37 articles appeared only with the arrival of Ivan the Terrible.The basic text of the old Code has undergone substantial revision.
Summary
In the middle of the XVI century in Russia article of the new law governing the relations between people, not only with each other but also with the state.All of them entered the Law in 1550.A brief description of the main content and its articles show the updated approach to his creation, compared with the earlier set of laws.Ivan the Terrible of Law includes the rules of civil, in rem, of obligations, inheritance, criminal law, as well as the investigative and judicial processes.
main provisions
Ivan the Terrible with his brothers and approximate boyars took of Law in 1550.The main provisions of the document confirming a previous custom in which the court, in addition to the governors appointed by the king, attended the mayor and the so-called tselovalniks, t. E. The jury, kissed the cross.They are official and permanent participants in the trials.In addition to the governors, they were to be protocols and rural clerks.Papers to be considered valid only when signed by the prefect and the barmen.Governors and their aides - Chiune could not arrest anyone, without explaining the reasons for their detention.
also Sudebnik special attention was paid to local and central government.Conversion touched mainly vicegeral management, while retaining the old system of feeding.
General characteristics of Laws in 1550 and includes the social part of the new legislation.It deals with two major issues - the dependent population who were slaves and peasants, and land tenure.The new document was intended to improve the process of justice and to allow its representatives to monitor the local community.
In the XVI century there was widespread abuse of power among individuals nominated by the emperor, as well as judges.Such a situation could not be reflected in Sudebnik king.This document contains the article, which states that judges can not take promises, to revenge and make friends with each other.This ban was not general and vague, it is assumed for disobedience specific punishment: levying a fine, imprisonment or quilting whip.
General characteristics of Laws in 1550 would be incomplete, if not to mention another very important position.The judge had no right to send the plaintiffs away from you before will not understand the essence of their complaints.If the officer did not perform their duties properly, and the facts of abuse reached the king, the servant of the law itself could be put behind bars.
civil law
they were necessary for the regulation and further development of increasingly complex social and economic relations.His subjects could be both teams, consisting of two or more people, and individuals.All aspects in the field of Law regulated in 1550.Property Law can be purchased through an agreement to capture the award, finding or prescription.
most common at this time way to obtain property rights is a contract.It concluded until the middle of the XVI century only in oral form.At the end of the century an agreement already existed in the form of a written transaction, called bondage.Such a document signed personally obliged party.If they were illiterate, paper signed or their relatives or spiritual fathers.
Eventually emerged land, or a notarial form of transaction in which the treaties relating to the alienation of real estate, entered into force only after they register.
Inheritance Law
main direction of its development in the XIV-XVI centuries, it was not only the expansion of the circle of heirs, but also securing their property rights.And this has greatly contributed to the new Code of Law in 1550.Briefly basic position of inheritance law can be formulated as follows: is it possible to do the will any member of the family.It amounts to, in writing, and then allegedly in the presence of the clerk and posluhov.
circle of heirs at law, to then consisted of children and surviving spouses.But in some cases it included other relatives.For example, if it came to inheritance estates.His part of the property could get only those sons, who lived at the time of death of the head of the family in his house.The brothers were to inherit in equal shares.If the family were not only sons, but daughters, the latter had no right to property.
St. George's Day
Previous set of laws relating to the transition of the villagers from one village to another, and from the old to the new landlord, came in Law in 1550.Farmers were allowed to make such a move only in a strictly defined period of time - a week before the fall of St. George's Day and during the same time after.It gave them the right to choose a good landlord, and it should be noted, many used it, going from bad owners.
Why such transfers took place in the autumn?This was due to the fact that when the harvest is already completed, the transition from the old master farmer to the new is absolutely painless for both of them.The very nature of land relations bilateral limit prescribed for such action.For example, the landlord had no right to expel peasant with leased land before the harvest, and the peasants, in turn, could not escape from the host, do not settle with him after the end of the harvest.Thus, the law has been set a clear deadline within which the two sides had to settle with each other.
Criminal Law
The new document adopted by Ivan the Terrible, some laws have undergone significant changes.Not an exception, and Criminal Law.Law in 1550, unlike the previous one, defined not as a crime offense, ie. E. The application of moral or material damage to a group of people or individual, and began to treat him and unlawful acts committed against the state.Thus, a criminal offense to non-compliance with regulations established by the rules, and failure to comply with the will of the sovereign.
classification of offenses
New Sudebnik first used systematize offenses.On the upper level there were crimes committed against the state.Primarily these include sedition - a betrayal of his country, or prince, weaving conspiracy call to rebellion or insurrection.
on the steps below were malfeasance and crimes perpetrated against public order and the court itself.It could be a bribe, counterfeiting, false statements, embezzlement and so on. N.
Then there were criminal acts committed against persons.These included the killing and assault or word.The latter were property crimes: stealing a slave, theft, burglary and robbery.
methods of paying for misdemeanor
of Law in 1550 greatly complicated the system of penalties for crimes they offenses, as well as introduced new - insulation and criminal intimidation.The worst punishment was, of course, the death penalty.It can only undo the emperor.A very serious penalty was the so-called trading penalty when the market square guilty whipped.Use other corporal punishment and chlenovreditelskie.
There were additional sanctions such as fines or other monetary penalties.They are directly dependent on the social status of the victim and the severity of the offense.
It looks briefly the general characteristics of Laws in 1550.In the XVI century document describes in detail the basic principles of management of the centralized Russian state.It should be noted that the body of law of Ivan the Terrible is not only a historical monument, but also the foundation upon which the modern law.
