2. Political system In the political system of Russia in the 17th century. significant changes are taking place. The estate-representative monarchy with the Boyar Duma, Zemsky Sobors and local government bodies evolved into an absolute bureaucratic-noble monarchy.

In the IX-X centuries. a ruling class was formed feudal lords, which included: the Grand Duke of Kiev, local princes, boyars (from the senior squad), junior squad and “servants under the court,” white (parish) and black (monastic) clergy.

A princely domain, the ownership of local princes, and boyar-druzhina landownerships appeared. Feudal landholdings increased due to both grand and princely grants and the seizure of empty lands and lands of community members. Monasteries and churches also became large landowners.

The feudal lords were interconnected by a system of vassal relations based on the hierarchical structure of feudal land ownership. The Grand Duke relied on the lesser princes and boyars, and they sought his protection during military skirmishes. The boyars from the prince's military comrades began to turn into landowners - the prince's vassals. The boyars as a special feudal class took shape in the 11th-12th centuries.

The feudal lords were assigned special privileges: for the murder of princely men, a double penalty was exacted - 80 hryvnia (twice as much as for the murder of a commoner). free man); boyars and warriors enjoyed privileges when transferring property by inheritance (in the absence of sons, they had the right to transfer inheritance to daughters); only feudal lords - princes, boyars and the church - could have ownership of land; they did not pay tribute, etc.

Also in Kievan Rus there were: free peasants-communists, free urban population, feudal-dependent population, slaves.

Free community members- people were personally free, paid tribute to the state (polyudye) - initially tribute was paid from the smoke (house). High taxes, levies, and duties were imposed on the community; its lands were seized, thus intensifying the processes of transforming community members into feudal-dependent peasants.

Urban population was divided into the urban aristocracy (princes, boyars, higher clergy, merchants, units - merchants engaged in foreign trade) and the urban lower classes (artisans, small traders, ordinary clergy), who were personally free and paid tribute (with the exception of the clergy).

Feudal-dependent(but not yet serfs, since they were not attached to the land and personality of the feudal lord) the population included the following categories. Smerda(as part of the dependent peasants - Yushkov’s point of view, while B. Grekov believed that smerds are all rural residents) were personally free, could move to a strong patron, and ran their own farm together with their family; the prince gave the smerd land on the condition that he would work for him; in the event of the death of a smerd who had no sons, the land was returned to the prince; for the right to own an independent farm, the smerd paid tribute to the prince; he could become a servant of the prince - a youth, a child, a headman; for his debts he was in danger of becoming a purchaser; Smerdas lived in communities - ropes, connected by mutual responsibility and a system of mutual assistance.

Purchases- people who fell into debt bondage and were obliged by their work in the household of the creditor (“master”) to return the “buy” received from him (however, the purchase labor was used only to pay interest on the debt; he could not work off the “buy” itself); they performed rural work, the feudal lord provided them with land plots, tools and livestock; they could not leave their “master”; for the theft committed by the purchaser, his master was responsible, but the purchaser became a complete slave (as in the case of escape); the landowner could subject to procurement corporal punishment“for the cause” (but could not beat him “without guilt”); it was forbidden to sell purchases to slaves; the procurement could act as a witness in court in minor cases; The purchaser could file a complaint against his master in court.

Outcasts(two types - free and dependent) - people deprived of their previous condition; usually these are slaves who have been bought into freedom; They, as a rule, did not break ties with their master, remaining under his authority, but there were also those who, having freed themselves, left their master.

Feudal dependents also include: (1) freedmen (recognized as personally free); (2) suffocating people; (3) supplicants; (4) patrimonial artisans.

Slaves.(1) servants - captive slaves; were completely powerless (Russkaya Pravda equates them to cattle); (2) serfs - a fellow tribesman who fell into slavery as a result of self-sale, marriage to a slave “without a family”, taking the position of a tiun or housekeeper “without a row”, or being sold into slavery for debts.

The Old Russian state developed and existed as early feudal monarchy. It was headed by the Grand Duke of Kiev, to whom the local rulers - his vassals - were subordinate.

In its development, the Old Russian state went through two main stages:

• (1) the first stage (late 9th - 10th centuries) - the period of the creation of the early feudal monarchy;
• (2) the second stage (late 10th - 1st half of the 11th century) - the heyday of Kievan Rus.

In the second half of the 11th century. There was a tendency towards feudal fragmentation, and at the end of the first third of the 12th century. The Old Russian state broke up into a number of principalities and lands.

At the first stage of development of the Old Russian state, a decimal control system. The head of state was Grand Duke of Kyiv, initially whose functions were to organize squads and military militias, command them, take care of border protection, and lead military campaigns. The power of the Grand Duke of Kyiv was transferred to the heirs according to the so-called “leaf law”, when the princely table was inherited not by the eldest son of the prince, but by the eldest in the princely family (for example, the prince’s brother).

The Grand Duke of Kiev ruled the country with the help squads, which was divided into senior and junior. From the senior squad (boyars and princely husbands) was formed council under the prince- members of the council were called Duma members, and mayors were also appointed to large centers of the country. The younger squad (youths, gridi, boyar children) acted as an armed force.

After the annexation of new lands to Kyiv, the Kyiv princes stationed their garrisons in the tribal centers: in major cities- large garrison - thousand(under the command of the thousand, to whom the sotskys were subordinate), in small ones - smaller garrisons under the command of the sotskys and tens. Gradually thousand, Sotsky And tenths Administrative functions also appeared: maintaining order in the city, trade and police functions, judicial functions. This is how it was formed decimal (or numerical) control system.

The princes appointed to the most important cities mayors- from the boyars and other “good men”, the prince’s plenipotentiary representatives on the ground, judged, collected tribute and duties, were in charge of police affairs, and led the military forces of the cities. In rural areas that were part of the princely domain, the princes appointed governors - volostels.

Assistants to mayors and volosts - tiuns, swordsmen, mytniks, bridgemen, virniks etc. - were supported by taxes from the population. This control system was called feeding.

Local princes were in obedience to the Kyiv prince, deployed an army at his call, and transferred to him part of the tribute collected from the subject territory. This is a relationship of suzerainty - vassalage.

In order to strengthen the centralization of the state apparatus, Prince Vladimir abolished the power of local princes, ending the autonomy of the lands. All the highest levels of the feudal hierarchy found themselves in the hands of one princely family, whose representatives, having become large farmers, were with their overlord (the great prince of Kyiv) in relations of vassalage - suzerainty. These relations were regulated by agreements - letters of the cross, according to which the overlord allocated land to the vassal. Suzerainty in Kievan Rus was designated by the word “eldership”: local princes, as descendants of the great Kyiv prince, enjoyed the rights to inherit princely power.

At the initial stage of development of the Old Russian state law enforcement tasks were entrusted to the squad - the mayor and his subordinate tribute officers, Mytniks, Virniks.

Members of the princely squad - the sneaker and the swordsman, mentioned by Russkaya Pravda - had special detective powers. The Yabednik, standing out among other vigilantes for his knowledge of laws and legal customs, organized legal proceedings. A swordsman is a person who was attached to the mayor to capture and bring to court those accused of committing any crimes.

The squad was also sent to suppress rebellions against the authorities. Thus, according to the Tale of Bygone Years, in 945, on the orders of Princess Olga, a squad led by governor Sveneld dealt with the Drevlyans who refused to pay tribute to Kyiv and killed Prince Igor. In 1071, governor Jan Vyshatich and his squad suppressed the famine-induced uprising of the inhabitants of Beloozero; in 1113, the squad of Prince Vladimir Monomakh suppressed the rebellion of the urban lower classes of Kiev.

In localities, in peacetime, police functions were performed by sotskys and tens, elected by the population, who were subordinate to the princely administration in the person of the thousand.

The fight against crime was organized based on ancient customs self-defense of violated rights(private law form of investigation). This tradition was enshrined in the norms of the Russian Pravda. Thus, the Brief edition of the Russian Pravda mentions the “code” procedure (Articles 14 and 16), and the later Long edition of the Russian Pravda also mentions the “call” (Articles 32 and 34) and “persecution” procedures trace" (Article 77). A reward was provided for the capture of criminals or fugitive slaves. Thus, the search for the criminal was the job of the victim. If the plaintiff was not there or he did not search for the offender, then the crime remained unpunished. The state did not undertake the responsibility to independently investigate crimes and bring the perpetrators to justice: this is explained by the fact that the crime was considered not as a socially dangerous act, but as an “offense” inflicted on a private individual.

During the second period of development of the Old Russian state (from the end of the 10th century), serious changes occurred in the organization and volume of power Prince of Kyiv: he was a military leader, organizer and commander of military forces; he organized guard service at the borders and was in charge of foreign relations; he led the construction of roads, bridges, organized the protection of trade routes, was in charge of the courts, etc. IN council under the prince In addition to the boyars and “princely men,” representatives of the clergy and the elite of the urban population began to enter.

At the same time, there was a strengthening of power local princes, they headed the administration and troops, and the right of court passed to them.

The decimal control system, which grew out of the druzhina organization, began to be replaced during this period palace-patrimonial management system", all the threads of control were concentrated in the prince (boyar); anyone who was part of the “prince’s court” (boyar estate) and was in charge of any branch of the economy could carry out and government functions. The ranks of this new management system were: voivode - the head of all armed forces of the principality; equer tiun - was in charge of providing the troops with horses; fire butler - manager of the princely court; steward - organized the supply of food to the princely court; falconer; Chashnichy.

Subordinate to the highest palace positions were tiuns And elders.

The palace-patrimonial system of government existed at all levels - both in the grand-ducal domain, and in the possessions of local appanage princes, and in boyar estates. Consequently, there is the emergence of two centers of power - the princely court and the boyar estate, which is associated with the acceleration of processes leading to feudal fragmentation.

The weakening of the power of the Grand Duke of Kyiv led to the creation of such a form state power, How feudal congresses). Nationwide councils were convened by the Grand Duke of Kyiv: they dealt with legislation, distributed fiefs, and resolved issues of war and peace with foreign states. Convened and specific shots.

In the Old Russian state, the people's assembly continued to operate - evening: it recruited the people's militia and elected its leaders; The executive body of the veche was the Council.

The body of local peasant self-government was rope - rural territorial community. The competence of the vervi included: redistribution of land plots, police supervision, distribution of taxes, resolution of disputes, investigation of crimes and execution of punishments. State control over the activities of the rope was carried out by the prince's clerk. Later, instead of an elected headman, the prince began to appoint courtiers, who were replaced village clerks.

The court was not separated from the administration:

• (1) the functions of the princely court were performed by the prince himself, the mayors, and the volosts;
• (2) the functions of a patrimonial court over the dependent population - landowners on the basis of immunity grants.

Community courts and church courts also functioned (carried out by bishops, archbishops and metropolitans).

Under the conditions of the palace-patrimonial management system, the functions of ensuring law and order were assigned to each patrimonial owner, who had full power within the boundaries of his possessions. To carry out these tasks, appanage princes and boyars formed their own squads. The Grand Duke had full state power only on lands that were his private property. In the cities, the princely administration was represented by governors, in rural areas- volostels, on which the prince entrusted, among other things, police functions. At the grassroots level, elected sotskys and tens were still responsible for maintaining law and order. This approach to the formation of bodies responsible for maintaining order was preserved in many lands even during the period of feudal fragmentation.

From the 11th century In addition to private law investigation, state (or criminal) investigation began to develop: special judicial positions of virniks, meshelniks and emtsy began to be created, who, on behalf of the prince, investigated crimes. A particularly important official was Virnik. He traveled around his (virnaya) district, tried for crimes and exacted a “vira” (monetary fine), while exposing the criminals and searching for them. His assistant was stirrer The name of this position came from the word “mesh” - “mark”, which the stirrer placed on special sticks, thus keeping records of money or things accepted into the vira. Yemets - catcher of a thief, we can say that he is the first detective agent in the history of the Russian state. The Yemets received rewards from the victims (70 kunas) for their help in finding the thieves, and the Virniks received food from the population (Articles 41 and 42 of the Communist Code). From the 12th century The staff of Virnik assistants began to be supplemented by youths, or children (Article 74 of the PP), who performed the functions of bailiffs at the courts.

The formation of the princely administration took place against the backdrop of the first administrative and legal reforms. In the 10th century Princess Olga carried out tax reform (established points - churchyards - and the timing of the collection of tribute, its size is regulated - lessons). At the beginning of the 11th century. under Prince Vladimir, a tax was established in favor of the church - tithe. In addition to tribute, the princely administration received other direct fees from the population - gifts, polyudye, feed. Olga collected from the yard, Vladimir - from the plow, Yaroslav - from a person. The tribute payers signed for graveyards, hundreds, ropes.

Ancient Rus' (9-12 centuries) was a proto-state (early), which was just beginning to take shape as a political system. The former disparate communities began to gradually unite into a single state, headed by the Rurik dynasty.

Scientists agree that Ancient Rus' was an early feudal monarchy.

The origin of the socio-political system of Ancient Rus'

The state (Ancient Rus') was formed at the end of the 10th century on the territory of the Eastern Slavs. It is headed by a prince from the Rurik dynasty, who promises patronage and protection to the surrounding feudal lords. In exchange for this, the feudal lords give part of their lands for the use of the prince as payment.

At the same time, part of the lands conquered during wars and military campaigns is given for the use of the boyars, who receive the right to collect tribute from these lands. To remove the tribute, warriors were hired, who could settle in the territory to which they were attached. Thus, a feudal hierarchy begins to form.

Prince -> patrimonial owners -> boyars -> small land holders.

Such a system contributes to the fact that the prince turns from an exclusively military leader (4th-7th century) into a political figure. The beginnings of a monarchy appear. Feudalism develops.

Socio-political system of Ancient Rus'

The first legal document was adopted by Yaroslav the Wise in the 11th century and was called “Russian Truth”.

The main objective of this document is to protect people from unrest and regulate public relations. The Russkaya Pravda stated different kinds crimes and punishments for them.

In addition, the document divided society into several social categories. In particular, there were free community members and dependent ones. Dependents were considered not full citizens, had no freedoms and could not serve in the army. They were divided into smerds (common people), serfs (servants) and temporarily dependents.

Free community members were divided into smerds and people. They had rights and served in the army.

Features of the political system of Ancient Rus'

In the 10th-12th centuries, the head of the state (which united several principalities) was a prince. The council of boyars and warriors were subordinate to him, with the help of whom he administered the state.

The state was a union of city-states, since life outside the cities was poorly developed. City-states were ruled by princely mayors.

Rural lands were ruled by boyars and patrimonial lands, to whom these lands belonged.

The prince's squad was divided into old and young. The ancient one included boyars and older men. The squad was engaged in collecting tribute, carrying out trials and managing locally. The junior squad included young people and less noble people. The prince also had a personal squad.

Legislative, executive, military and judicial powers were in the hands of the prince. With the development of the state, these branches of government began to separate into separate institutions.

Also in Ancient Rus' there were the beginnings of democracy, which were expressed in the holding of popular assemblies - veche.

The final formation of the political system in Rus' was completed by the end of the 12th century.

• INTRODUCTION
• 1. THE EMERGENCE OF THE ANCIENT RUSSIAN STATE
• 2. SOCIAL SYSTEM OF THE ANCIENT RUSSIAN STATE
• 3. STATE AND POLITICAL SYSTEM OF THE ANCIENT RUSSIAN STATE
• CONCLUSION
• BIBLIOGRAPHY
• INTRODUCTION
• The moment of the emergence of the Old Russian state cannot be dated with sufficient accuracy. Obviously, there was a gradual development of those political formations mentioned above into the feudal state of the Eastern Slavs - the Old Russian Kievan State. Most historians agree that the emergence of the Old Russian state should be attributed to the 9th century.
• In the 9th century. The East Slavic states, primarily Kiev and Novgorod (these names are already replacing the old Kuyavia and Slavia), are increasingly drawn into international trade that passed along the waterway “from the Varangians to the Greeks.” This route, which ran through the lands of several East Slavic peoples, contributed to their rapprochement.
• How did ancient Russian statehood emerge? The Tale of Bygone Years reports that at first the southern Slavic tribes paid tribute to the Khazars, and the northern ones to the Varangians, that the latter drove out the Varangians, but then changed their minds and called on the Varangian princes. This decision was caused by the fact that the Slavs fought among themselves and decided to turn to foreign princes to establish peace and order, seeing them as arbiters to settle disputes that arose. It was then that the chronicler “uttered the famous phrase: “Our land is great and abundant, but there is no order (order) in it. Let him reign and rule over us." The Varangian princes allegedly did not agree at first, but then accepted the invitation. Three Varangian princes came to Rus' and in 862 sat on the thrones: Rurik - in Novgorod, Truvor - in Izborsk (not far from Pskov), Sineus - in Beloozero. This event is considered to be the starting point in the history of Russian statehood.
• The evidence from the annals itself does not raise objections, but in the 18th century. German historians who worked in Russian Academy sciences, interpreted them in such a way as to prove the legitimacy of the dominance of the German nobility at the then Russian imperial court, moreover, to justify the inability of the Russian people to be creative state life both in the past and in the present, its “chronic” political and cultural backwardness.
• In addition to the Slavs, the Old Russian Kievan state included some neighboring Finnish and Baltic tribes. This state, therefore, from the very beginning was ethnically heterogeneous - on the contrary, multinational, multiethnic, but its basis was the Old Russian nationality, which is the cradle of three Slavic peoples - Russians (Great Russians), Ukrainians and Belarusians. It cannot be identified with any of these peoples separately.
• The purpose of the work is to consider the political system of the Old Russian state.
• To achieve this goal, we will define the tasks of the work:

Cover the emergence of the Old Russian state;

Describe the social system of the Old Russian state;

Explain the state and political system of the Old Russian state.

1. THE EMERGENCE OF THE ANCIENT RUSSIAN STATE

The moment of the emergence of the Old Russian state cannot be determined with sufficient accuracy. Obviously, there was a gradual development of those political formations that we talked about earlier into the feudal state of the Eastern Slavs - the Old Russian state. In the literature, this event is dated differently by different historians. However, most authors agree that the emergence of the Old Russian state should be attributed to the 9th century.

The question of how this state was formed is not entirely clear. And here we are faced with the so-called Norman theory.

The fact is that we have at our disposal a source that, it would seem, to some extent answers the question about the origin of the Old Russian state. This is the oldest chronicle"The Tale of Bygone Years". The chronicle makes it clear that in the 9th century. our ancestors lived in conditions of statelessness, although this is not directly stated in the Tale. We are only talking about the fact that the southern Slavic tribes paid tribute to the Khazars, and the northern ones to the Varangians, that the northern tribes once drove out the Varangians, but then changed their minds and called the Varangian princes to themselves. This decision was caused by the fact that the Slavs fought among themselves and decided to turn to foreign princes to establish order. It was then that it was said famous phrase: “Our land is great and abundant, but there is no decoration in it. May you come and reign over us.” The Varangian princes came to Rus' and in 862 sat on the thrones: Rurik - in Novgorod, Truvor - in Izborsk (not far from Pskov), Sineus - in Beloozero.

This interpretation raises at least two objections. Firstly, the factual material presented in The Tale of Bygone Years does not provide grounds for the conclusion that the Russian state was created by calling the Varangians. On the contrary, like other sources that have come down to us, it says that statehood among the Eastern Slavs existed even before the Varangians. Secondly, modern science cannot agree with such a primitive explanation of the complex process of formation of any state. The state cannot be organized by one person or several even the most outstanding men. The state is a product of the complex and long development of the social structure of society. Nevertheless, the chronicle mention in a certain sense was adopted back in the 18th century. This is how the notorious Norman theory of the origin of the Old Russian state was born.

Already at that time, Normanism met with objections from advanced Russian scientists, among whom was M.V. Lomonosov. Since then, all historians studying Ancient Russia have been divided into two camps - Normanists and anti-Normanists.

Modern domestic scientists predominantly reject the Norman theory. They are joined by the largest foreign researchers of Slavic countries. However, a certain part of foreign authors still preach this theory, although not in such a primitive form as was done previously.

The main refutation of the Norman theory is the fairly high level of social and political development of the Eastern Slavs in the 9th century. The Old Russian state was prepared by the centuries-old development of the Eastern Slavs. In terms of their economic and political level, the Slavs were higher than the Varangians, so they could not borrow state experience from the newcomers.

The chronicle story contains, of course, elements of truth. It is possible that the Slavs invited several princes with their squads as military specialists, as was done in later times in Rus', and even in Western Europe. It is reliably known that the Russian principalities invited squads not only of the Varangians, but also of their steppe neighbors - the Pechenegs, Karakalpaks, and Torks. However, it was not the Varangian princes who organized the Old Russian state, but the already existing state that gave them the corresponding government posts. However, some authors, starting with M.V. Lomonosov, doubt the Varangian origin of Rurik, Sineus and Truvor, believing that they could also be representatives of some Slavic tribes. In any case, there are practically no traces of Varangian culture in the history of our Motherland. Scientists, for example, have calculated that per 10 thousand square meters. km of Russian territory, only five Scandinavian geographical names can be found, while in England, which the Normans conquered, this number reaches 150.

We do not know exactly when and how exactly the first principalities of the Eastern Slavs arose, preceding the formation of the Old Russian state, but in any case they existed until 862, before the notorious “calling of the Varangians.” In German chronicles, already from 839, Russian princes were called Khakans - kings.

But the moment of unification of the East Slavic lands into one state is known with certainty. In 882, the Novgorod prince Oleg captured Kyiv and united the two most important groups of Russian lands; then he managed to annex the rest of the Russian lands, creating a huge state for those times.

The Russian Orthodox Church is trying to link the emergence of statehood in Rus' with the introduction of Christianity.

Of course, the baptism of Rus' had great importance to strengthen the feudal state, fortunately the church sanctified the subordination of Christians to the exploitative state. However, the baptism occurred no less than a century after the formation of the Kievan state, not to mention the earlier East Slavic states.

In addition to the Slavs, the Old Russian state also included some neighboring Finnish and Baltic tribes. This state was thus ethnically heterogeneous from the very beginning. However, its basis was the Old Russian people, which was the cradle of three Slavic peoples - Russians (Great Russians), Ukrainians and Belarusians. It cannot be identified with any of these peoples separately. Even before the revolution, Ukrainian nationalists tried to portray the Old Russian state as Ukrainian. This idea has been picked up in our time in nationalist circles, trying to quarrel the three fraternal Slavic peoples. Meanwhile, the Old Russian state neither in territory nor in population coincided with modern Ukraine, they only had a common capital - the city of Kyiv. In the 9th and even 12th centuries. It is still impossible to talk about specifically Ukrainian culture, language, etc. All this will appear later, when, due to objective historical processes, the Old Russian people split into three independent branches.

2. SOCIAL SYSTEM OF THE ANCIENT RUSSIAN STATE

The social structure of the Old Russian state was complex, but the main features of feudal relations already emerged quite clearly. Feudal land ownership was formed - the economic basis of feudalism. Accordingly, the main classes of feudal society took shape - feudal lords and feudal-dependent peasants.

The largest feudal lords were princes. Sources indicate the presence of princely villages, where dependent peasants lived, working for the feudal lord under the supervision of his clerks, elders, including those who specifically supervised field work. The boyars were also major feudal lords - the feudal aristocracy, which grew rich through the exploitation of peasants and predatory wars.

With the introduction of Christianity, the church and monasteries became the collective feudal lord. Not immediately, but gradually the church acquires land, the princes grant it tithes - a tenth of the income from the population and other, including judicial, income.

The lowest stratum of the feudal class consisted of warriors and servants, princes and boyars. They were formed from free people, but sometimes even from slaves. By currying favor with the master, such servants sometimes received land from the peasants and became exploiters themselves. Article 91 of Russian Pravda equates the warriors in the order of succession to the boyars and contrasts both with the smerds.

The main right and privilege of the feudal lords was the right to land and exploitation of the peasants. The state also protected other property of the exploiters. The life and health of the feudal lord were also subject to enhanced protection. For encroachment on them, a high penalty was established, differentiated depending on the position of the victim. The honor of the feudal lord was also highly guarded: insult by action, and in some cases by word, also entailed serious punishment.

The bulk of the working population were smerds. Some researchers believed that all rural residents were called smerds (B.D. Grekov). Others (S.V. Yushkov) believe that the smerds are part of the peasantry, already enslaved by the feudal lords. The latter point of view seems preferable.

The Smerds lived in rope communities, which grew out of the clan system, but in the Old Russian state they no longer had a consanguineous, but a territorial, neighborly character. The rope was tied by mutual responsibility, a system of mutual assistance.

In the Old Russian state, the figure of a typical feudal-dependent peasant appears - the zakup. Zakup has his own farm, but need forces him to go into bondage to his master. He takes a kupa from the feudal lord - a sum of money or assistance in kind and, because of this, is obliged to work for the owner. The labor of purchasing does not go towards paying off the debt; it acts as if only paying interest on the debt. Therefore, the purchase cannot work off the coupon and practically remains with the master for life. In addition, the purchaser is responsible for damage caused by negligence to the master. In case of escape from the master, the purchaser automatically turns into a slave. Theft committed by procurement also leads to servitude. The master has the right of patrimonial justice in relation to the purchase. Russkaya Pravda notes that the feudal lord has the right to beat a careless purchaser (Article 62 of the Trinity List). The purchaser, unlike the slave, has some rights. He cannot be beaten “for no reason”, he can complain about his master to the judges, he cannot be sold as a slave (with such an offense he is automatically released from his obligations towards the master), his property cannot be taken away with impunity.

In the multi-structured ancient Russian society, there also existed “involuntary servants”. Russian Truth calls an unfree man a serf or servant, and an unfree woman a slave, uniting both of them with the common concept of “servant.”

The servants were almost completely powerless. Russkaya Pravda equates it to cattle: “the fruit comes from the servants or from the cattle,” says one of its articles. In this respect, the servants of the Old Russian state resembled ancient slaves, who in Rome were called “talking instruments.” However, in Rus', slaves did not form the basis of production; slavery was predominantly patriarchal and domestic. It is no coincidence that Russian Truth identifies categories of slaves whose lives were protected by higher punishment. These are all kinds of service personnel of the princely and boyar court - servants, children's educators, artisans, etc. Over time, the process of transforming serfs into feudal-dependent peasants also develops. They became the first serfs.

In the Old Russian state there was still no enslavement of peasants. Feudal dependence can historically exist in different forms. This stage of development of feudalism is characterized by the absence of attachment of the peasant to the land and the personality of the feudal lord. Even a purchaser, if he somehow manages to collect money to pay the debt, can immediately leave his master.

In the Old Russian state there were large and numerous cities. Already in the 9th - 10th centuries. there were at least 25 of them. In the next century, over 60 more cities were added, and by the time of the Mongol-Tatar invasion there were about 300 cities in Rus'. Merchants, who were a privileged category of people, stood out among the urban population. This especially applies to guests engaged in foreign trade. Skilled artisans also lived in Kyiv, Novgorod and other cities, who built magnificent temples and palaces for the nobility, made weapons, jewelry, etc.

Cities were centers of culture. The Old Russian village was illiterate for a long time. But in the cities, literacy was widespread, not only among merchants, but also among artisans. This is evidenced by both numerous birch bark letters and author’s inscriptions on household items.

As we see, in the Old Russian state, classes are already taking shape, i.e. large groups of people united by a common legal status. Therefore, one can hardly agree with some domestic and foreign authors who believe that the class system was characteristic only of Western feudalism.

The Old Russian state was multi-ethnic, as already noted, and from the very beginning. "The Tale of Bygone Years", listing the tribes that allegedly invited the Varangian princes, also names clearly non-Slavic tribes - Chud and all. As the Slavs moved to the northeast, they inevitably entered the area of ​​settlement of the Finnish tribes. However, this process was largely peaceful and was not accompanied by the subjugation of the indigenous population. In the vast forests of the Volga basin and beyond there was enough space for everyone, and the Slavs peacefully mixed with the local tribes. With the introduction of Christianity, this synthesis was facilitated by the identical baptism of all pagans - both Slavs and Finns. The Russian Metropolitan Hilarion in his “Sermon on Law and Grace” (11th century) speaks of the equality of all Christian peoples, without at all emphasizing the priority of the Russians. In legislation we will also not find any advantages for the Slavs, for Rus'. Moreover, Russian Truth provides for certain advantages in the field of civil and procedural law for foreigners, based on the principles of traditional Russian hospitality.

The ideas of internationalism and the absence of any chauvinism permeate ancient Russian literature.

3. STATE AND POLITICAL SYSTEM OF THE ANCIENT RUSSIAN STATE

S.V. Yushkov believed that the Old Russian state arose and existed for some time as a pre-feudal state. Modern researchers mostly consider this state to be early feudal from the very beginning. As such, he had certain characteristic features.

Organization of state unity. This problem caused great controversy both in pre-revolutionary and modern literature. Some authors even argue that in the 9th century. There was no single Old Russian state at all, but only a union of tribal unions. More cautious researchers believe that from the 9th to the middle of the 10th century. we can talk about a union of local principalities, i.e. states Some people believe that federation took place, although this institution is not characteristic of a feudal state, but arises only in a bourgeois and socialist state. At the same time, it is argued that the federation existed not only at the initial stage of development of the Old Russian state, but throughout its entire history.

It seems that the point of view of S.V. looks more convincing. Yushkov, who believed that the Old Russian state was characterized by a system of suzerainty-vassalage relations typical of early feudalism, suggesting that the entire structure of the state rested on the ladder of the feudal hierarchy. The vassal depends on his lord, who depends on a larger lord or supreme overlord. Vassals are obliged to help their lord, first of all, to be in his army, and also to pay him tribute. In turn, the lord is obliged to provide the vassal with land and protect him from the encroachments of neighbors and other oppression. Within the limits of his possessions, the vassal has immunity. This meant that no one, including the overlord, could interfere in his internal affairs. The vassals of the great princes were local princes. The main immune rights were: the right to collect tribute and the right to hold court with the receipt of appropriate income.

State mechanism. The Old Russian state was a monarchy. At its head was the Grand Duke. The supreme legislative power belonged to him. There are known major laws issued by the Grand Dukes and bearing their names: the Charter of Vladimir, the Truth of Yaroslav, etc. The Grand Duke concentrated executive power in his hands, being the head of the administration. The grand dukes also performed the functions of military leaders; they themselves led the army and personally led the army into battle. At the end of his life, Vladimir Monomakh recalled his 83 great campaigns. Some princes died in battle, as happened, for example, with Svyatoslav.

The grand dukes performed the external functions of the state not only by force of arms, but also by diplomatic means. Ancient Rus' stood at the European level of diplomatic art. It concluded various kinds of international treaties - military, trade and other nature. As was customary then, contracts had oral and written forms. Already in the 10th century. The Old Russian state entered into treaty relations with Byzantium, Khazaria, Bulgaria, Germany, as well as with the Hungarians, Varangians, Pechenegs, etc. Diplomatic negotiations were headed by the monarch himself, as was the case, for example, with Princess Olga, who traveled with an embassy to Byzantium. The princes also performed judicial functions.

The figure of the prince grew out of the tribal leader, but the princes of the period of military democracy were elected. Having become the head of state, the Grand Duke transfers his power by inheritance, in a direct descending line, i.e. from father to son. Usually the princes were men, but there is a known exception - Princess Olga.

Although the great princes were monarchs, they still could not do without the opinion of those close to them. This is how a council under the prince was formed, which was not legally formalized, but had a serious influence on the monarch. This council included the Grand Duke's associates, the top of his squad - the princes and men.

Sometimes in the Old Russian state feudal congresses, congresses of the top feudal lords were also convened, resolving inter-princely disputes and some other important matters. According to S.V. Yushkov, it was at such a congress that the Yaroslavich Truth was adopted.

In the Old Russian state there was also a veche, which grew out of the ancient people's assembly. There is debate in science about the prevalence of veche in Rus' and its significance in individual lands. The high activity of the meeting in Novgorod is undeniable; As for his role in the Kyiv land, the sources do not allow us to answer this question unambiguously.

Initially, in the Old Russian state there was a decimal, numerical system of government. This system grew out of a military organization, when the heads of military units - tens, sots, thousand - became leaders of more or less large units of the state. Thus, Tysyatsky retained the functions of a military leader, while Sotsky became a city judicial and administrative official.

The decimal system did not yet separate central government from local government. However, later such differentiation arises. In the central administration, the so-called palace-patrimonial system is emerging. It grew out of the idea of ​​combining the management of the grand-ducal palace with state administration. In the grand-ducal household there were various kinds of servants who were in charge of satisfying certain vital needs: butlers, equerry, etc. Over time, the princes entrust these persons with any areas of management, one way or another connected with their initial activities, and provide them with the necessary funds for this. Thus the personal servant becomes a statesman, an administrator.

The local government system was simple. In addition to the local princes, who sat in their appanages, representatives were sent to the places central government- governors and volosts. They received “food” from the population for their service. This is how the feeding system developed.

The basis of the military organization of the Old Russian state was the grand ducal squad, which was relatively small. These were professional warriors who depended on the favors of the monarch, but on whom he himself also depended. They usually lived in or around the princely court and were always ready to go on any campaigns in which they looked for booty and entertainment. The warriors were not only warriors, but also advisers to the prince. The senior squad represented the top of the feudal lords, which to a large extent determined the policy of the prince. The vassals of the Grand Duke brought with them squads, as well as a militia from their servants and peasants. Every man knew how to wield a weapon, albeit a very simple one at that time. Boyar and princely sons were already mounted on horses at the age of three, and at the age of 12 their fathers took them on a campaign.

Cities, or at least their central part, were fortresses, castles, defended, if necessary, not only by the princely squad, but also by the entire population of the city. To defend against the Pechenegs, Vladimir Svyatoslavich built a chain of fortresses on the left bank of the Dnieper, recruiting garrisons for them from the northern Russian lands.

Princes often resorted to the services of mercenaries - first the Varangians, and later the steppe nomads (Karakalpaks, etc.).

In Ancient Rus' there were no special judicial bodies yet. Judicial functions were performed by various representatives of the administration, including, as already mentioned, the Grand Duke himself. However, there were special officials who assisted in the administration of justice. Among them we can name, for example, the Virnikov - persons who collected criminal fines for murder. The Virnikovs were accompanied by a whole retinue of minor officials. Judicial functions were also carried out by church bodies. There was also a patrimonial court - the right of the feudal lord to judge the people dependent on him. The judicial powers of the feudal lord formed an integral part of his immunity rights.

Public administration, wars, and the personal needs of the princes and their entourage required, of course, a lot of money. In addition to income from their own lands and from the feudal exploitation of peasants, the princes also established a system of taxes and tribute.

The tribute was preceded by voluntary gifts from tribe members to their prince and squad. Later, these gifts became a mandatory tax, and the payment of tribute itself became a sign of subordination, which is where the word subject was born, i.e. under tribute.

Initially, tribute was collected by polyudya, when princes, usually once a year, traveled around the lands under their control and collected income directly from their subjects. The sad fate of Grand Duke Igor, killed by the Drevlyans for excessive extortions, forced his widow, Princess Olga, to streamline the system of collecting state revenues. She established the so-called graveyards, i.e. special tribute collection points. There are other ideas about graveyards in science.

A system of various direct taxes, as well as trade, judicial and other duties, has developed. Taxes were usually collected in furs, but this does not mean that they were only natural. Marten furs and squirrels were a specific monetary unit. Even when they lost their marketable appearance, their value as a means of payment did not disappear if they retained the princely sign. These were, as it were, the first Russian banknotes. Rus' did not have its own deposits of precious metals, so already from the 8th century. Along with furs, foreign currency (dirhams, later denarii) came into circulation. This currency was often melted down into Russian hryvnia.

The church, closely connected with the state, became an important element of the political system of ancient Russian society. Initially, Vladimir Svyatoslavich streamlined the pagan cult, establishing a system of six gods led by the god of thunder and war - Perun. Then, however, he baptized Rus', introducing the Christian religion, the most convenient for feudalism, preaching the divine origin of the power of the monarch, the obedience of the working people to the state, etc.

There is a debate in science about where the new religion came to us from. According to the chronicle legend, Vladimir, before changing the religions of his ancestors, called representatives different countries and different churches. From Khazar Khaganate, where, as we remember, the elite of society professed Judaism, apologists of this religion arrived. Defenders of Islam arrived from Volga Bulgaria. But all were defeated by Christian missionaries, who convinced the Grand Duke of Kyiv of the advantages of their religion and church. The result of Vladimir’s thoughts is known. However, it is debatable where exactly the Christian preachers came from. The most common belief is that these were Byzantine missionaries. However, some researchers suggest that Christianity came to us from Danube Bulgaria, Moravia, and even Rome. There is also a version that the introduction of Christianity was also not without the Varangians; in any case, modern researchers see in Old Russian Orthodoxy not only southern, but also Western European influence.

It is no coincidence that the introduction of Christianity caused stubborn resistance of the people. Even pre-revolutionary authors noted that the baptism of Rus' sometimes took place with fire and sword, as was the case, for example, in Novgorod. Armed resistance to the missionaries also took place in other cities. Of course, not only class, but also purely religious motives were at play here: people, accustomed for centuries to the faith of their fathers and grandfathers, did not want to abandon it for no apparent reason. This was especially the case in the northern regions of Rus'.

At the head of the Orthodox Church was the Metropolitan, who was appointed initially from Byzantium, and then by the Grand Dukes. In some Russian lands the church was headed by a bishop.

CONCLUSION

The Old Russian state was a major milestone in the history of the peoples of our country and its neighbors in Europe and Asia. Ancient Rus' became the largest for its time European state. Its area was more than 1 million square meters. km, and the population is 4.5 million people. Naturally, it had a strong influence on the destinies of world history.

The Old Russian state, created by the Old Russian people, was the cradle of the three largest Slavic peoples - the Great Russians, Ukrainians and Belarusians.

Ancient Rus' was a multi-ethnic state from the very beginning. The peoples that became part of it then continued their development as part of other Slavic states that became its successors. Some of them assimilated and voluntarily lost their ethnic independence, while others have survived to this day.

In the Old Russian state, a form of early feudal monarchy developed, which was then preserved by its successors for several centuries.

Ancient Russian law was of enormous importance, the monuments of which, especially the Russian Truth, survived to the Moscow state. They also had significance for the law of neighboring peoples.

Objective historical processes of the development of feudalism entailed the withering away of the Old Russian state. The development of feudal relations, which gave birth to Ancient Rus', ultimately led to its collapse, the inevitable process of establishing feudal fragmentation in the 12th century.

BIBLIOGRAPHY

Andreeva, I.A. Fundamentals of State and Law [Text]: Textbook / I.A. Andreeva. - M.: Nauka, 2006.

Bystrenko, V.I. History of public administration and self-government in Russia [Text]: Monograph / V.I. Bystrenko. - M.: Delo, 2002.

General history of state and law [Text] / Ed. K.I. Batyr. - M.: Knowledge, 2007.

Isaev, I.A. History of state and law of Russia [Text]: Monograph / I.A. Isaev. - M.: Yurist, 2005.

History of state and law of Russia [Text]: Textbook / Ed. Doctor of Law, Prof. Titova Yu.P. - M.: Phoenix, 2001.

History of state and law of Russia [Text]: Textbook for universities / Ed. S.A. Chibiryaeva. - St. Petersburg: Peter, 2004.

History of public administration in Russia [Text]: Textbook / Ed. Markova A.N. - M.: Nauka, 2001.

History of the domestic state and law [Text]. Part 1: Textbook / Ed. O.I. Chistyakova. Third edition, revised. and additional - M.: Yurist, 2004.

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