A lengthy edition of Russian Pravda, how many articles. Extensive Russian truth with comments and translation into modern Russian of individual articles. Property relations, Law of obligations

RUSSIAN TRUTH."

Main editions of Russkaya Pravda.

Their general characteristics.

“Russian Truth” is the oldest legislative collection of our state. This is the first official collection of laws emanating from the state. There were several points of view related to the assessment of this document, these differences mainly took place in the 19th century. There were several points of view:

1. “Russian Truth” is not a legislative code, but a document drawn up by a private individual, that is, it is not an act of state power, but a kind of free statement of the traditional rules that the Slavs adhered to in those days.

2. “Russian Truth” is again not an act of state power, but a collection of norms of church law.

In the end, experts came to the conclusion that “Russian Truth” is still a legislative code.

Before “Russian Truth” there was a set of written norms, customs that were not recorded in documents, and the general name that was used in relation to them was “Russian Law”.

The first list containing the text of “Russian Truth” was discovered in 1737 by Russian historian V.N. Tatishchev.

After him, more than 100 such lists were discovered. These lists differed from each other in authorship, time of compilation, and completeness.

All lists of “Russian Truth” are divided into 3 main editions:

1. "Brief truth." It consisted of 2 parts:

"The Truth of Yaroslav." Authorship is attributed to Yaroslav the Wise. The time of creation is approximately 1030. Place of creation - Kyiv or Novgorod. In Russkaya Pravda, articles and chapters were not highlighted. In “Pravda Yaroslava” it is customary to distinguish 18 articles. The only source of “Yaroslav’s Truth” is considered to be the norms of unwritten law.

"The Truth of the Yaroslavichs." The date of creation ranges from 1070-1075. For the first time in the history of domestic legislation, the authors are named. There are very big difficulties with the place of creation. The sources of the “Pravda Yaroslavichs” are not only the norms of written law, but also judicial and administrative decisions of the princely authorities.

The number of articles is from article 19 to article 43. That is, in the short truth there were a total of 43 articles. Articles 42 and 43 are of particular interest. They are specific in nature and resolve economic and financial issues. These are the famous “Pakhon virny” (an article defining the amount of payments that the local population was obliged to in relation to virniks (officials in Rus')) and “The Lesson of the Bridge Worker” (Bridge workers are workers who perform construction and repair work, and the local population is obliged was to provide this work or pay for it). “The Bridgeman's Lesson” is, in essence, a gradation of payments.

The main task pursued by “Pravda Yaroslavichy” is to strengthen the legal protection of the institution of feudal property. The property of anyone and everyone was still protected.

2. "Extensive truth." It consists of two parts:

"Charter on the court of Prince Yaroslav." The date of appearance is close, but before 1113. Authorship is attributed to the sons and grandsons of Yaroslav the Wise and other princes. “The Charter on the Court of Prince Yaroslav” is the third stage in the formation of our legislation, in the preparation of which the “Pravda Yaroslava” was actively used, and it can even be said that the “Charter on the Court of Prince Yaroslav” is, to a large extent, supplemented and revised “Brief Truth". The main source of the “Charter on the Court of Prince Yaroslav” is administrative, judicial decisions and legislation of the princes. The norms of customary law as a source are practically not considered there. A special feature of the “Charter on the Court of Prince Yaroslav” is that from the moment of its creation, the norms of “Russian Pravda” begin to operate on the territory of the entire Kyiv state. It is believed that before this, the norms of “Russian Truth” were applied only on the territory of the Grand Duke’s domain, that is, on the territory that belonged to the prince personally. Another distinctive feature The “Charter on the Court of Prince Yaroslav” is that it does not contain a provision on blood feud, which was characteristic of the “Brief Truth”. This indicates the strengthening of state power. In total there are 51 articles in the charter.

"Charter on the court of Prince Vladimir." Place of creation - Kyiv. The time of creation ranges from 1113-1125. Authorship is attributed to Vladimir Monomakh. The number of articles is from 52 to 130 articles.

The content of the charter indicates the legislator’s attempts to reduce the level of social confrontation in society by adopting new legal norms. This indicates that the legislator already understands that law is not only a “club” in the hands of the authorities, but also a very effective means of regulating social relations. In this charter, an attempt was made to determine the legal status of certain categories of the population of the Kyiv state. We are talking about the dependent population (slaves, purchasers, rank and file). The charter limited, to a certain extent, the omnipotence of the master in relation to the slave. If “Russkaya Pravda” was quite calm about the unmotivated murder of a serf, then the “Charter on the Trial of Prince Vladimir” recognizes that a serf can be killed and not incur any responsibility, but murder was allowed only in certain situations, for example, causing harm to a free person, insulting a master and so on. The charter limited the interest on the loan agreement. Limit – 50% per annum. In the “Charter on the Court of Prince Vladimir” it is customary to note “Charter on Bankruptcy”. For the first time, the problem of guilt, the problem of responsibility, the problem of the cause-and-effect relationship between certain actions and consequences were raised. The charter talks about three types of bankruptcy:

Accidental bankruptcy. In case of accidental bankruptcy, the debt was returned without interest and a deferment was given.

Careless bankruptcy. The debt was repaid with interest, but in installments.

Fraudulent bankruptcy. The debt was returned with interest and without installments.

3. “Abridged from a lengthy one.” The place of appearance is either Moscow or the territory of the Moscow Principality. The time of appearance is in question, but it is believed that it is the 13-14th, or maybe even the 15th century. The Moscow copyist, maybe even a monk, clearly dealt with a lengthy edition. He copied certain articles from it and added them to his list. For many specialists, this edition is interesting for only one thing: why did the Moscow copyist extract precisely these articles from the lengthy edition and why did he treat all the rest without interest? An analysis of the articles included by the census taker in his list allows us to make the assumption that a number of relations that were regulated by articles not included in the list no longer existed under the conditions of the Moscow state.

There is another classification of “Russian Truth”, owned by S.V. Yushkov. This classification includes 6 main editions of Russkaya Pravda.

9.Sources of law in Ancient Rus'

Becoming Kievan Rus accompanied by the formation of ancient Russian law. The sources of law, as is known, are the legislative power, which creates the law; a court that develops new rules of law by its decisions; individuals and government agencies contributing to the creation of new legal customs. Thus, the sources of law: law, custom, contract, court decisions.

The sources of the normative legal act are common law, judicial practice, foreign (often Byzantine) and church law. Regulatory legal acts in the early feudal state are born mainly on the basis of customary law. Most of the customs did not receive the support of the state and remained customs (the calendar, the inheritance of a master’s property by his children from a slave), some of the customs were sanctioned by the state and turned into legal acts.

The main legal acts of the Old Russian state were:

Contracts. Agreement - otherwise a series, kissing the cross, finishing - a widespread form of ancient law. It determined not only international relations, but also relations between princes, princes with the people, squads, and between private individuals. Important international treaties were concluded with the Greeks and Germans. The treaties between Rus' and Byzantium (911, 944) were mostly devoted to issues of criminal law, international and trade relations. Under the influence of the Greeks, in treaties there are common terms to express the concept of crime: leprosy, sin, concepts of punishment: execution, penance. The treaties clearly show the legal views characteristic of primitive people. Greek law established the death penalty for murder by court verdict, “Russian law” - blood feud. In the treaty of Oleg in 911, art. 4 stipulates that the murderer must die in the same place, the Greeks insisted that this was then approved by the court, and in the treaty of Igor, art. 12, which was concluded when the Greeks were the victors, revenge was carried out by the relatives of the murdered person after ships;

Princely statutory charters, which established the duties of the feudal-dependent population;

Princely statutes, which were the prototype of legislative activity in Ancient Rus'. The first princes, distributing cities to their husbands, established the order of administration and court. Subjecting new tribes and lands to their power, they determined the size of the tribute. The charters consolidated the relationship between the state and church authorities. The Charter of Prince Vladimir Svyatoslavich contains the history of the baptism of Rus', and defines the jurisdiction of the church to regulate intra-family relations and cases of witchcraft. The Charter of Yaroslav Vladimirovich established norms regulating family and marriage relations, sexual crimes, and crimes against the church.

The largest monument of ancient Russian law is “Russian Truth”.

Russian Truth contains, first of all, the norms of criminal, inheritance, commercial and procedural legislation; is the main source of legal, social and economic relations of the Eastern Slavs.

Sources

1. The sources of codification were customary law and princely judicial practice. The norms of customary law include, first of all, provisions on blood feud (Article 1 KP) and mutual responsibility (Article 19 KP).

2. one of the sources of Russian Truth was the Russian Law (rules of criminal, inheritance, family, procedural law).

3. a custom is sanctioned by state power (and not just opinion, tradition), it becomes a norm of customary law. These norms can exist either orally or in writing.

Main editions

Russian Pravda is divided into two main editions, which differ in many ways, and are called “Brief” (6 lists) and “Long” (more than 100 lists). The “Abridged” edition (2 lists), which is a shortened version of the “Long edition”, stands out as a separate edition.

Russian Truth, depending on the edition, is divided into Brief, Long and Abbreviated.

The Brief Truth is the oldest edition of the Russian Truth, which consisted of two parts. Its first part was adopted in the 30s. XI century and is associated with the name of Prince Yaroslav the Wise (Pravda Yaroslav). The second part was adopted in Kyiv at the congress of princes and major feudal lords after the suppression of the uprising of the lower classes in 1068 and received the name Pravda Yaroslavich.

The short edition of Russian Pravda contains 43 articles. The characteristic features of the first part of the Brief Truth (Articles 1-18) are the following: the action of the custom of blood feud, the lack of a clear differentiation of the size of fines depending on the social affiliation of the victim. The second part (Articles 19-43) reflects the process of development of feudal relations: abolition of blood feud, protection of the life and property of feudal lords with increased penalties, etc. Most of the articles of the Brief Truth contain norms of criminal law and judicial process.

The Extensive Truth was compiled after the suppression of the uprising in Kyiv in 1113. It consisted of two parts - the Charter of Prince Yaroslav and the Charter of Vladimir Monomakh. The lengthy edition of Russian Pravda contains 121 articles.

The Long Truth is a more developed code of feudal law, which enshrined the privileges of feudal lords, the dependent position of serfs, purchases, the lack of rights of serfs, etc. The Long Truth testified to the process of further development of feudal land tenure, paying much attention to the protection of ownership of land and other property . Certain norms of the Extensive Truth determined the procedure for transferring property by inheritance and concluding contracts. Most of the articles relate to criminal law and judicial process.

The Abridged Truth was formed in the middle of the 15th century. from the revised Dimensional Truth.

If a free man kills a free man, then a brother, or a father, or a son, or a nephew from a brother or from a sister takes revenge for the murdered man. If there is no one to take revenge on, then exact 80 hryvnia for the murdered person, when it is the prince’s husband (boyar) or prince tiun (clerk). If the murdered person is a Ruthenian, or a prince of war (grid), or a merchant, or a boyar tiun (clerk), or a swordsman, or a church person, or a Slovenian, then 40 hryvnia will be collected for the murdered person.

But after Yaroslav, his sons gathered: Izyaslav, Svyatoslav and Vsevolod, with their boyars Kosnyachko, Pereneg and Nikifor and abolished the blood feud for the murder, establishing a ransom in money; in everything else, as Yaroslav judged, so his sons decided to judge.

If someone kills the prince's husband in a fight, and no one is looking for the killer, then the viru - 80 hryvnia - is paid by the community in whose district the murdered person was raised. If an ordinary person is killed, the community pays 40 hryvnia.

If any community begins to pay a wild (widespread) penalty when there is no murderer present, then let it pay it in as many years as it can.

If a murderer from the same community is present, then the community either helps him, since he also paid for others according to the social scheme, or pays a wild (widespread) fee of 40 hryvnia, together, and the killer himself pays the reward to the victims, contributing in the virus only your share according to the layout.

But for a murderer who contributed to the community’s virtuous payments for others, the community pays according to the plan only when he committed the murder in a quarrel or was revealed at a feast.

If someone kills during a robbery without any quarrel, then the community does not pay for the robber, but gives him over to the prince together with his wife and children: let the prince exile him and his family, and confiscate his property.

If someone has not invested in paying the wild vira for others, the community does not help him in paying the vira for himself, and he pays it himself.

But the duties are the same as they were under Yaroslav. The wine collector takes 7 buckets of malt for a week, in addition to a sheep or weed meat, or 2 nogata (5 kuna) in money, on Wednesday - kuna, and in addition - cheese; the same on Friday, and (on fast days) 2 chickens per day; and there are seven loaves of bread for a week, and 7 measures of millet, the same amount of peas, 8 heads of salt; all this goes to the vira collector and his assistant. They have four horses; Give them as much oats as they eat. In addition, the food collector receives 8 hryvnias and 10 kunas of transfer money; and the blizzard [bailiff] - 12 century, and a grivna.

If the vira is 80 hryvnia, then the vira collector will receive 16 hryvnia and 10 kunas [transfer] and 12 vekos [bailiff], and in advance the bruise will be a hryvnia, and for the head [dead body] - 3 kunas.

For the murder of a prince's servant, groom or cook, take 40 hryvnia.

For a prince's clerk or equerry 80 hryvnia.

For a princely rural or agricultural clerk, 12 hryvnia.

For the prince's servant under the contract - 5 hryvnia, the same for the boyar clerk.

Charge 12 hryvnia for a craftsman and a craftswoman.

For a slave and a slave - 5 hryvnia, for a slave - 6 hryvnia.

For an uncle the same as for a wet nurse - 12 hryvnia, whether they are slaves or free.

If anyone is accused of murder without direct evidence, he must present seven witnesses to refute the accusation; if the defendant is a Varangian or another foreigner, then two witnesses are sufficient.

And the community does not pay vira when they find only bones or the corpse of a person about whom no one knows who he is or what his name is.

If someone withdraws the charge of murder, he pays the estimated hryvnia to the assistant collector of the vira [youth], the accuser pays another hryvnia, and 9 kun pomochny [mark] for the charge of murder.

If the defendant begins to look for witnesses and does not find them, and the plaintiff supports the charge of murder, then their case will be decided through the test of iron.

In the same way, in all cases of theft on suspicion, when there is no red-handed person, force a test with iron if the claim is not less than half a hryvnia of gold; if it is less, then up to two hryvnias must be tested with water, and for an even smaller amount they must take an oath for their money.

If someone strikes with a sword without drawing it, or with the hilt of a sword, he pays 12 hryvnia of sale (a fine in favor of the prince) for the offense.

If he draws his sword and does not injure him, he pays a kun hryvnia.

If someone hits someone with a stick, or a bowl, or a horn, or the blunt side of a sword, then he pays 12 hryvnia.

If the offended person, unable to bear it, strikes with a sword in revenge, then he should not be blamed.

If someone injures a hand so that the hand falls off or shrivels, or also a leg, eye or nose, he pays half-virya - 20 hryvnia, and the wounded person for injury - 10 hryvnia.

If someone cuts off someone’s finger, he pays 3 hryvnias of sale (a fine in favor of the prince), and the wounded one pays a hryvnia kun.

If a person with blood or bruises comes to the [princely] court, then he does not need to provide eyewitnesses, and the culprit pays him 3 hryvnias of sale; if the plaintiff does not have signs, then he must present eyewitnesses who would confirm his testimony word for word; then the instigator of the fight must pay 60 kuna to the plaintiff. If the plaintiff comes covered in blood, and witnesses appear who show that he himself started the fight, then count him as payment as the instigator, even though he was beaten.

If someone hits someone with a sword, but does not kill him to death, he pays 3 hryvnia, and to the wounded - a hryvnia for the wound, and what follows for treatment; if he kills to death, he pays the viru.

If someone pushes another away from him or pulls him towards him, or hits him in the face, or with a pole, and two eyewitnesses testify, he pays 3 hryvnia for sale; if the accused is a Varangian or a Kolbyan, then the full number of eyewitnesses must be brought out, who must take the oath.

If a slave disappears, and the master announces him at the auction, and until the third day no one brings the slave, and the master identifies him on the third day, then he can directly take his slave, and whoever hid him must pay 3 hryvnia for the sale.

If anyone mounts someone else's horse without permission, he must pay 3 hryvnia.

If someone’s horse, weapon or clothing goes missing and he declares it at the auction, and then recognizes the missing item from someone in his own city community [in his own world], then take your thing directly and pay him to him (i.e. e. the owner of the missing item) for concealment of 3 hryvnia.

If someone, without appearing at the auction, finds something missing or stolen from him - a horse, clothes, or cattle - then you cannot say “this is mine”, but you must tell the defendant - “go to a confrontation, declare who you took it from.” , with that, stand face to face.” Whoever is not justified will bear responsibility for theft; then the plaintiff will take his due, and the guilty party will pay him for what he suffered as a result of the loss. If it is a horse thief, hand him over to the prince; let the prince exile [exile; others translate: sell into slavery in a foreign land]. For stealing something from a cage, the thief must pay 3 hryvnias of sale (a fine in favor of the prince).

If, with successive references to confrontation, the defendants are members of the same city community as the plaintiff, the plaintiff conducts the case himself until the last reference. If they cite members of some out-of-town community, then the plaintiff pursues the case only until the third reference, and the third defendant, having paid the plaintiff money for his item, pursues the case with this item until the last reference. And the plaintiff waits for the end of the case, and when it comes to the last defendant, he pays everything: the plaintiff’s losses, the third defendant’s losses, and the sale to the prince.

Whoever buys something stolen at the market: a horse, clothing or cattle, must present two free people or trade duties to the collector (mytnik) as witnesses; if it turns out that he does not know from whom he bought the thing, then the witnesses should take the oath for him, and the plaintiff should take his thing and say goodbye to the person who disappeared with the thing, and the defendant should say goodbye to the money paid for it, because he does not know, from whom did you buy the item? After he finds out who he bought it from, he will recover his money from this seller, who will pay both the owner of the item for what was missing with it, and the prince for the sale (fine).

Whoever identifies his stolen slave and detains him must lead this slave until the third confrontation between the buyer and the seller; take his slave from the third defendant, and give him the stolen goods - let him go with him until the last confrontation, for the slave is not a brute, you cannot say about him “I don’t know who I bought it from,” but according to his instructions, you must go to the last defendant, - and when the real thief is found, the stolen slave is returned to his owner, the third defendant takes his slave, and the damages are paid to him by the one caught in the theft. And the prince must pay 12 hryvnia sales (fine) for stealing a slave.

And from the district of one city community with an ordinary person there cannot be a confrontation, but the defendant must present witnesses or trade duties of the collector (mytnik), at which he bought the stolen item; then the plaintiff takes his thing, and must say goodbye to everything else that he lost, while the defendant has to lose the money paid for the thing.

About Tatba. If a thief is killed at the cage or during some theft, he should not be judged for this as if he were killing a dog; If the thief is kept alive until dawn, then he must be taken to the prince’s court. If the thief is killed, and outsiders saw him tied up, then pay 12 hryvnia for the sale.

If anyone steals cattle from a barn or anything from a cage, from that thief, if he is the only one who stole, the sale price is 3 hryvnia and 30 kuna. If several thieves stole together, collect 3 hryvnia and 30 kuna from each.

If cattle, sheep, goats, or pigs were stolen in the field, pay 60 kunas for sale (a fine in favor of the prince); if there were many thieves, collect 60 kunas from each.

If bread is stolen from a threshing floor or from a pit, no matter how many thieves there are, collect from each 3 hryvnia and 30 kuna for sale.

If the stolen property turns out to be present, the victim will take his own, and also exact half a hryvnia from each thief for the summer.

If the stolen property is not present, but the prince’s horse was stolen, then pay three hryvnias for it, and two hryvnias for the theft of a stinking horse. And here is the wages for stealing livestock. It is necessary to collect: for a mare 60 kunas, for an ox 40 kunas, for a three-year-old (mare or cow) 30 kunas, for a two-year-old half a hryvnia, for a calf 5 kunas, for a pig 5 kunas, for a pig nogata, for a sheep 5 kunas, for a ram nogat, for an unridden stallion 1 hryvnia kun, for a foal 6 nogat, for cow's milk 6 nogat. These are the agreed prices that are collected in favor of the victims for stolen cattle instead of red-handed, when the thieves are ordinary free people who pay the prince for the sale.

If the thieves are princely, boyar or monastic slaves, whom the prince does not punish with sale, because they are not free people, then for slave theft they will pay double the agreed price as compensation for losses.

If the lender demands payment of the debt, and the debtor begins to deny it, then the lender is obliged to present witnesses who will take the oath, and then he will receive his money. If the debtor has not repaid him for many years, then pay him another 3 hryvnia as compensation for losses.

If a merchant gives money to a merchant for turnover from profits or for trade, then the debtor has no business receiving the money in front of witnesses; the presence of witnesses is not required here, but let the lender himself go to the oath if the debtor begins to lock himself out.

If someone transfers his property to someone for safekeeping, a witness is not needed; and if the owner begins to look for more than what he gave, then the one who accepted for safekeeping must take an oath, saying: “You gave me as much, no more”; after all, the defendant did good to the owner by keeping his property.

Whoever gives money for interest, or honey for instruction, or bread for powder, must present witnesses; and as he agreed with them, so he should take the increase.

Monthly growth for a short-term loan is taken by the lender by agreement; if the debt is not paid within a whole year, then consider the increase on it to be two-thirds (50%), and reject the monthly increase.

If there are no witnesses, and the debt does not exceed three hryvnia kunas, then the lender must go to the oath of his money; if the debt is more than three hryvnia kun, then tell the lender: “It’s your own fault if you didn’t put witnesses when giving money.”

After the death of Svyatopolk, Vladimir Vsevolodovich convened his squad in the village of Berestovo - the thousands of Ratibor of Kiev, Prokopya of Belgorod, Stanislav of Pereyaslav, Nazhir, Miroslav, Ivanka Chudinovich, boyar Olegov (Prince of Chernigov Oleg Svyatoslavich) - and at the congress it was decided: who borrowed the money with the condition of paying growth by two-thirds, from then take such growth only for two years, and after that look only for capital; and whoever took such growth for three years will not even look for capital itself. Whoever takes 10 kuna growth per hryvnia per year (i.e. 4%), then with such growth the claim of the capital itself is in no way canceled.

If a merchant, having taken goods or money on credit, suffers a shipwreck, or is exposed to fire, or is robbed by the enemy, then no violence can be done to him or sold into slavery, but it is necessary to allow him to pay in installments for several years, because this is a misfortune from God, and he is not to blame for it. If the merchant either drinks away the goods entrusted to him, or loses, or spoils it out of stupidity, then the trustees do with it as they please; they want - they wait, they want - they will sell into slavery, that is their will.

If someone owes a lot, and a merchant who came from another city or from another land, without knowing it, entrusts him with goods, and he will not be able to pay him for the goods, and the first creditors will also demand payment of debts , without giving a loan to pay the guest, in this case, take the debtor to auction and sell, and pay off the stranger’s debt in advance, and divide the remainder among your local creditors. Also, if the prince owes him money, then collect it in advance, and divide the rest. But if someone has already taken a lot of growth, he will lose his capital.

If a purchaser runs away from his master, then he becomes a complete slave. If he absented himself openly or fled to the prince or to the judges, unable to bear the insult of his master, then do not turn him into slavery, but give him justice.

If the master lives with an agricultural purchase, but destroys his war horse, then he is not obliged to pay him for it. But if the gentleman from whom he receives a loan gives him a plow and a harrow, then he must pay for their loss; but he does not pay for the master's thing, taken by him, if it disappears without him when the master sends him to his work.

The purchaser will not pay for the cattle taken from the barn; but if he loses it in the field, or does not drive it into the yard, or does not lock it in the stable where the master tells him, or loses it while doing his business, then the purchaser will pay for the loss in all these cases.

If the gentleman offends the purchaser, takes away the loan given to him or his own property, then by court he is obliged to return all this to the purchaser, and pay 60 kunas for the offense.

If a master gives his hireling as wages to another owner for the payment he has taken from the latter in advance, he must also give this payment back, and pay 3 hryvnias of sale for the insult.

If he completely sells him as his complete slave, then he will hire him free from all debts, and the master will pay 12 hryvnia for the sale for the offense.

If a gentleman beats a purchaser for a business, he is not responsible for it; if he beats him drunk, without knowing why, without guilt, then he must pay for the insult of the purchaser, as they pay for the insult of a free person.

If a complete slave steals someone’s horse, then (the master) must pay 2 hryvnia for it.

If the purchaser steals something on the side, then the master is responsible for it. But he can, when the thief is found, pay for a horse or something else he stole, and take the purchase for himself as a complete slave, or he can sell it if he doesn’t want to pay for it, and then he must pay in advance for what he took will hire a stranger, be it a horse, an ox or some other thing. And what remains after payment, take it for yourself.

But if a slave hits a free man and hides in the house, but the master does not give him up, then pay the master 12 hryvnia for him. And if after that, the one who received the blow from the slave meets somewhere the slave who hit him, then Yaroslav decided to kill him, but the sons of Yaroslav, according to his death, they were given a choice: either strip and flog the guilty slave, or take a hryvnia of kun for the dishonor.

It is impossible to refer to the testimony of a slave (in court settlements); but if a free (person) does not happen, then in need you can refer to the boyar tyun, but to no one else. And in a small claim and when there is need, you can refer to procurement.

If someone pulls out a tuft of someone’s beard, and the sign remains, and eyewitnesses confirm it, then collect a fine from the offender of 12 hryvnia (in favor of the prince), but if there are no eyewitnesses, but only on suspicion, then do not collect a fine from the defendant.

If someone knocks out a tooth so that blood is visible in the mouth, and eyewitnesses confirm it, then collect a fine of 12 hryvnia from the offender (in favor of the prince) and a hryvnia for the knocked out tooth to the victim.

If someone steals a beaver, then they will collect 12 hryvnia.

If the ground is dug up, or signs of fishing or a net remain, then the community will either find the thief or pay a fine (sale).

If anyone destroys side signs, he pays 12 hryvnia.

If anyone cuts down a border boundary, plows up a field boundary, or blocks a yard boundary, he pays a 12 hryvnia fine.

If anyone cuts down an oak tree with a banner or a boundary tree, he pays a 12 hryvnia fine (sale).

Amounts of additional expenses when collecting a fine (sale). But here are the overhead costs that are due for a 12-hryvnia fine in favor of the prince: the youth should take 2 hryvnias and 20 kunas, the judge and the youth should ride on two horses; on the latter, they can eat as much oats as they can, and take the sheep themselves for food or weed meat, and from other food, as much as two people can eat; give the scribe 10 kunas; 5 kunas for folding, and 2 nogat for fur.

If the side is cut down, you have to pay a fine of three hryvnia, and half a hryvnia for the tree.

If the bees are pulled out, then there will be a fine of three hryvnia, and the owner, if the honey has not yet been taken out, will be fined 10 kunas, if the honey has been taken out - 5 kunas.

If the thief disappears, you must follow his trail. If the trail leads to a village or to some trading post, and if the residents or owners do not move the trail away from themselves, or do not follow the trail, or begin to fight back, then pay them for the stolen goods along with the sale for theft. And the trail continues with strangers and witnesses. If the trail leads to a large trade road, or to a wasteland where there is neither a village nor people, then do not pay either the sale or the price of the stolen goods.

If a smerd beats a smerd without a princely command, then he pays a fine of 3 hryvnia, and for torture - a hryvnia of kun. If anyone beats the prince's husband [fireman]; then he pays a 12 hryvnia fine, and a hryvnia to the beaten person.

If someone steals a rook, then he will be fined 60 kunas, and the rook will be returned in person; for a sea boat - 3 hryvnia, for a boat - 2 hryvnia, for a canoe - 20 kunas, and for a plow - hryvnia.

If someone cuts a rope in excess, he pays a fine of 3 hryvnia; for the rope, the owner pays a hryvnia kun.

If anyone steals a hawk or falcon from someone else, he pays a fine of 3 hryvnia, and the owner - a hryvnia, for a pigeon - 9 kunas, for a chicken - 9 kunas, for a duck, goose, swan and crane - 30 kunas each.

For stealing hay or firewood - a fine of 9 kunas, and the owner for each stolen cart - 2 nogat.

If someone sets fire to the threshing floor, he is given his head to the prince with all his property, from which the owner’s loss is compensated in advance; the rest is disposed of by the prince at his own will; the same should be done with the one who sets fire to the yard.

If someone out of malice slaughters someone else’s horse or other livestock, he pays a 12 hryvnia fine, and the owner pays the agreed price for the damage caused.

All the litigations outlined so far are being resolved based on the testimony of free people. If a slave happens to be a witness, he cannot speak at the trial. But the plaintiff, if he wants, can use the testimony of a slave, saying to the defendant: “I call you to court on the words of a slave, but on his own behalf, and not from a slave,” he can demand from the defendant that he be justified by the test of iron. If the latter turns out to be guilty, then the plaintiff takes his claim against him; if he turns up innocent, then the plaintiff will be paid a hryvnia for flour, since he called him to be tested with iron on the basis of the slaves’ speeches.

The fees for testing with iron are 40 kunas, for a swordsman 5 kunas, for a princely youth - half a hryvnia: this is the prescribed height of the duty levied when calling for testing with iron.

If the plaintiff summons someone to be tested with an iron, either on the testimony of free people, or on suspicion, or because they saw the accused passing at night, or on some other basis, then the defendant, unless he is burned, receives nothing from the plaintiff for the torment. but the plaintiff pays only one iron duty.

If someone kills a free woman, then he is subject to the same trial as the killer of a free man, but if the murdered woman was guilty, then half a vira, that is, 20 hryvnia, will be collected from the killer.

For the murder of a serf and a slave, no vira is paid. But if someone kills innocently, he must pay the master or slave the agreed price for the slave, and the prince - 12 hryvnia (sale) fine.

If the smerd dies childless, then the prince inherits; if unmarried daughters remain in the house, then allocate some share for them; if they are married, then do not give them a share.

If one of the boyars or warriors dies, the prince does not inherit, but his daughters receive the inheritance; if there are no sons left.

If someone, dying, divides his house between children, then the latter are obliged to follow the will of the deceased. If anyone dies without reaching an agreement with the children, they all receive the inheritance, allocating only a portion for the funeral of the soul.

If a wife does not marry after her husband’s death, then a portion should be allocated to her, and what her husband assigned to her during his lifetime, she also owns. And the wife doesn’t care about the husband’s inheritance.

If children remain from the first wife, then they especially receive the share that would follow her after death, and what the latter assigned to her during her lifetime.

If an unmarried daughter remains in the house with her brothers, then she has nothing to do with her father’s inheritance, but the brothers are obliged to marry her off in accordance with their income.

But the fees for laying the city walls. Here are the dues in favor of the city builder: when laying the wall, take kuna, and upon completion, nogatu; for food and drink, for meat and fish, 7 kunas per week, 7 loaves of bread, 7 harvests of millet, 7 quadruples of oats for 4 horses are relied upon - which is what the mayor will receive until the city is cut down. Give him 10 fours of malt at all times.

Tolls for bridge builders. But here are the dues in favor of the bridge builders: for the construction of a new bridge, take 10 cubits per nogat. If only the old bridge is repaired, then how much less often it will be repaired will be taken from each kuna. A bridge builder and an assistant must ride two horses to work; for which they should take 4 squares of oats for a week, and for their food, as much as they can eat.

If, after the death of the father, there are children who lived with the slave, then they do not have the right of inheritance, but receive freedom together with the mother.

If there are young children left in the house who are not yet able to take care of themselves, and their mother gets married, then the closest relative takes them, along with the estate, under guardianship until they reach adulthood. If the goods are given away in the presence of strangers, and whatever he makes from those goods by selling or lending on interest, the guardian takes for himself, and the goods themselves are returned in full to those under guardianship; he takes the profit for himself because he fed and took care of them. The offspring from servants and livestock are handed over to the children in cash, and in the event of the loss of something, he pays them for everything. If the stepfather accepts the children along with the inheritance, then the conditions of guardianship are the same.

But the father's yard, left without an owner, always goes to the youngest son.

If the wife, having promised to remain a widow after the death of her husband, lives off the estate and gets married, then she is obliged to return to the children everything she has lived.

If she, remaining a widow, wants to live in the same house with her children, but the children do not want this, then in such a case, do the will of the mother, not the children, and what her husband gave her and what she should have received for her share of the property, left behind by her husband is her property.

Children cannot have any claim to the mother's part; but to whomever he assigns it, he shall take it; will assign something to everyone and divide it among everyone; If she dies without a tongue, then whoever she lived with and who supported her will take her property.

If there are children of different fathers, but of the same mother, who was married to two husbands, then some will inherit the property of one father, and others of another father.

If the second husband squanders any of the property of the first father of his stepchildren and dies, then his son must reward his half-brothers for the embezzlement made by his father, as much as the witnesses show; and what then remains of his father’s inheritance, he owns.

As for the mother in this case, she gives her estate to the son who was kinder, without considering the one with whom she married; and if the sons were all evil, then she has the right to give the estate to her daughter, who supports her.

But here are the court fees. But the usual court fees: from the award to the payment of the vira to the judge - 9 kunas, to the assistant (blizzard worker) - 9 vekos; from the case of land on board 30 kunas, and in all other litigation from the one who is awarded, the judge takes 4 kunas, and the assistant (blizzard worker) - 6 centuries.

If the brothers begin to compete with each other about the inheritance before the prince, then the child sent to divide them receives a hryvnia of kun.

Here are the fees for taking an oath in court. But here are the usual fees for cases decided by oath: for cases on charges of murder - 30 kunas; from litigation in land and arable land - 27 kunas; from cases of release from servitude - 9 kun.

Complete servility - of three kinds: first, when someone buys a person, even for half a hryvnia, and puts up witnesses, but gives it to the nogat in front of the slave himself. And the second is servility, when someone marries a slave without any conditions, and if he marries with a condition, then he remains with the rights as agreed. But the third servility is when someone without conditions goes to tiuns or to key holders; if a condition was concluded, then it remains with the rights as agreed.

But a conscript worker is not a slave, and should not be forced into slavery either for food or for a dowry. If the worker does not serve his term, he is obliged to reward the owner for what he lent him; if he serves until his term, he pays nothing.

If a slave runs away and the master announces his escape, and if someone, hearing the appearance or knowing that the slave is a runaway, gives him bread or shows him the way, then he pays the master 5 hryvnia for the slave, and 6 hryvnia for the slave.

If someone takes over someone else’s slave and lets the master know about it, then take him a hryvnia kun for the inheritance. If, having caught the fugitive, he does not guard him, then he pays the master 4 hryvnia for a slave, and 5 hryvnia for a slave; in the first case the fifth, and in the second the sixth is given to him for catching the fugitive.

If someone himself finds out that his slave is in some city, and meanwhile the mayor does not know about it, then, having informed the mayor, he has the right to take the boy from him in order to bind the fugitive together with him, for which he gives him 10 kun, but doesn’t pay anything for the takeover. But if the pursuer misses the slave, then let him complain about himself, why, just as no one pays him for letting the fugitive go, so he doesn’t give anyone for taking him over.

If someone, out of ignorance, meets someone else’s slave, gives him a message, or starts keeping him with him, and the fugitive leaves him, he must swear that out of ignorance he acted in this way with the fugitive, but there is no payment in that.

If a slave fraudulently takes money from someone on credit under the name of a free man, then his master must either pay or renounce the right of ownership of him; but if the trustee, knowing that he is a slave, gave him money, then he will lose his money.

If someone allows his slave to trade, and that slave borrows money, then the master is obliged to pay his debts, but does not have the power to give up on him.

If someone buys someone else's slave without knowing it, the real master should take his slave and return the money to the buyer under oath that he bought the slave out of ignorance. If it turns out that he obviously bought someone else’s slave, then he loses his money.

If a slave, while on the run, acquires property for himself, then just as the debt for the slave is paid by the master, so the acquisition made by him belongs to the master along with the face of the slave.

If a slave, having fled, takes with him something belonging to a neighbor or goods, then the master is obliged to pay for what he took away at the agreed price.

If a slave has robbed someone, then the master is obliged to either pay for him or hand him over along with other participants in the theft who were actually present or who buried the stolen goods, except their wives and children. If it is discovered that free people took part in the theft, then they pay the prince a fine (sale).

(History of the Russian state and law: Collection of documents. Ekaterinburg, 1999. Part 1. pp. 18 – 29)

1. If a husband kills his husband, then brother takes revenge on brother, or son on father, or son on brother, or son on sister; if no one takes revenge, then 40 hryvnia for the person killed. If the person killed is a Rusyn, or a Gridin, or a merchant, or
a snitch, or a swordsman, or an outcast, or a Slovenian, then pay 40 hryvnia for him.

2. If someone is beaten to the point of blood or bruises, then he does not need to look for a witness, but if there are no marks (of beatings) on him, then let him bring a witness, and if he cannot (bring a witness), then the matter is over. If (the victim) cannot take revenge for himself, then let him take 3 hryvnia from the perpetrator for the offense, and payment to the doctor.

3. If anyone hits someone with a stick, pole, palm, bowl, horn or the back of a weapon, pay 12 hryvnia. If the victim does not catch up with the one (the offender), then pay, and that’s the end of the matter.

4. If you hit with a sword without taking it out of its sheath, or with the hilt of a sword, then 12 hryvnia for the offense.

5. If he hits the hand, and the hand falls off, or withers, then 40 hryvnia, and if (hits the leg), and the leg
will remain intact, but will begin to limp, then the children (of the victim) will take revenge.

6. If anyone cuts off any finger, he pays 3 hryvnia for the offense.

7. And for a mustache 12 hryvnia, for a beard 12 hryvnia.

8. If someone draws a sword and does not hit, then he pays a hryvnia.

9. If the husband pushes the husband away from him or towards himself - 3 hryvnia - if he brings two witnesses to the trial. And if it is a Varangian or a kolbyag, then he will be sworn in.

10. If a slave runs and hides with a Varangian or a kolbyag, and they do not bring him out within three days, but discover him on the third day, then the master will take away his slave, and 3 hryvnia for the offense.

11. If anyone rides someone else’s horse without asking, then pay 3 hryvnia.

12. If someone takes someone else’s horse, weapon or clothing, and the owner identifies the missing person in his community, then he should take what is his, and 3 hryvnia for the offense.

13. If someone recognizes (his missing thing) from someone, then he does not take it, do not tell him that it is mine, but tell him this: go to the vault where you took it. If he does not go, then let him (provide) a guarantor within 5 days.

14. If someone collects money from another, and he refuses, then he will go to court with 12 people. And if he, deceiving, did not give it back, then the plaintiff can (take) his money, and for the offense 3 hryvnia.

15. If someone, having identified a slave, wants to take him, then the master of the slave should lead him to the one from whom the slave was bought, and let him lead him to another seller, and when he reaches the third, then tell the third: give me your slave, and you look for your money in front of a witness.

16. If a slave hits a free husband and runs into the mansion of his master and he begins not to give him up, then take the slave and the master pays 12 hryvnia for him, and then, where the slave finds the hit man, let him beat him.

A law cannot be a law if there is no strong force behind it.

Mahatma Gandhi

Kievan Rus before the baptism of the country by Prince Vladimir was a pagan country. As in any pagan country, the laws by which the state lived were taken from the customs of the country. Such customs were not written down by anyone and were passed on from generation to generation. After the baptism of Rus', the prerequisites were created for the written recording of the laws of the state. For a long time, no one created such laws, since the situation in the country was extremely difficult. The princes had to constantly fight with external and internal enemies.

Under the reign of Prince Yaroslav, the long-awaited peace came to the country and the first written set of laws appeared, which was called “Yaroslav’s Truth” or “Russian Truth of Yaroslav the Wise.” In this legislative collection, Yaroslav tried to very clearly structure the laws and customs that existed in Kievan Rus at that moment. Total Yaroslav's truth consisted of 35 (thirty-five) chapters, in which civil and criminal law were distinguished.

The first chapter contained measures to combat murder, which was a real problem of that time. The new law stated that any death was punishable by blood feud. Relatives of the murdered person have the right to kill the murderer themselves. If there was no one to take revenge on the killer, then he was charged a fine in favor of the state, which was called Viroy. The Russian truth of Yaroslav the Wise contained a complete list of rules that the killer had to transfer to the state treasury, depending on the family and class of the murdered person. Thus, for the death of a boyar it was necessary to pay tiuna (double vira), which was equal to 80 hryvnia. For the murder of a warrior, farmer, merchant or courtier, they demanded viru, 40 hryvnia. The life of slaves (servants), who did not have any civil rights, was valued much cheaper, at 6 hryvnia. With such fines they tried to save the lives of the subjects of Kievan Rus, of whom there were not so many due to the wars. It should be noted that in those days money was very rare for people and the described virs were able to pay only a few. Therefore, even such a simple measure was enough to stop the wave of murders in the country.

The laws that the Russian Truth of Yaroslav the Wise gave to people were harsh, but this was the only way to restore order in the country. As for murders committed while dirty or in a state of intoxication, and the killer was hiding, a levy was collected from all village residents. If the murderer was detained, then half of the vira was paid by the villagers, and the other half by the murderer himself. This measure was extremely necessary to ensure that people did not commit murders during a quarrel, so that everyone passing by felt responsible for the actions of others.

Special conditions of the law

The Russian truth of Yaroslav the Wise also determined the possibility of changing a person’s status, i.e. how a slave could become free. To do this, he needed to pay his master an amount equal to the income not received by the latter, that is, the income that the master can receive from the work of his slave.

In general, the first written set of laws regulated almost all areas of life at that time. Thus, it described in detail: the responsibility of slaves for the safety of the property of their masters; debentures; order and sequence of inheritance of property, etc. The judge in almost all cases was the prince himself, and the place of trial was the princely square. It was quite difficult to prove innocence, since a special ritual was used for this, during which the accused took a red-hot piece of iron in his hand. Afterwards, his hand was bandaged and three days later the bandages were publicly removed. If there were no burns, innocence is proven.

Russian truth of Yaroslav the Wise - this is the first written set of laws that regulated the life of Kievan Rus. After the death of Yaroslav, his descendants supplemented this document with new articles, thereby forming the Truth of the Yaroslavichs. This document regulated relations within the state for quite a long time, right up to the period of fragmentation of Rus'.

V. O. Klyuchevsky

Russian Truth

Klyuchevsky V. O. Works. In 9 vols. T. VII. Special courses (continued) M., "Mysl", 1989. Russian Truth in our ancient writing is found in various editions with large variations in the text and even with an unequal number and order of articles. But it is curious that if you do not pay attention to minor differences, then all the lists of Russian Pravda can be divided into two editions: in the first there are few articles, and they are all brief, in the second there are many more articles, and some of them are presented in greater detail, more developed. One more observation can be made, the most important for the study of Russian Pravda: if we take the oldest copies of Pravda, it turns out that they are found in ancient chronicle codes, and lengthy lists are found only in ancient helmsmen. This difference first asks the question why True short version appears in literary monuments, and we find the lengthy version of Truth in monuments that had practical significance, what were the ancient helmsmen who served as the basis of church legal proceedings, which were generally the sources of church law. The first answer that can be offered to this question, of course, is that the lengthy version of the Truth had practical significance in court, but the short version of the Truth did not have such significance; they were not judged by it. I am more inclined to assume that the short edition is a reduction of the lengthy one, made by one or another compiler of the chronicle. In the chronicles, Truth is usually placed after Yaroslav’s struggle with his brother Svyatopolk, when he sent home the Novgorodians who had helped him, and gave them some kind of charter. Chroniclers, thinking that this charter was the Russian Truth, usually place it after this news; not wanting to write out the whole thing, they shortened it themselves. That is why the helmsmen, as legal codes that had practical significance, included a lengthy Truth without abbreviating it. The oldest list We find extensive Truth in the Novgorod helmsman of the 12th century (the so-called Synodal list). This helmsman was painted at the end of the 13th century under the Novgorod Archbishop Clement and during the reign of Prince Dmitry Alexandrovich (son of Alexander Nevsky) in Novgorod. Clement was consecrated bishop in 1276 and died in 1299; book Dmitry died in 1294; This means that the helmsman could have been written in 1276-1294. The list of the edition I named, placed in the Sofia Helmsman, is older than all the lists of the short edition. Our Helmsman, as you know, is a translation of the Byzantine Nomocanon, which contained a set of church rules and laws concerning the church. These rules and laws were followed by some additional articles or special codes compiled in later times. Among them, for example, is the Prochiron - a code compiled under Emperor Basil the Macedonian in the 8th century. All these articles were placed as appendices in our translated helmsmen, but in addition to these articles, our helmsmen placed Russian articles or Slavic adaptations of Byzantine articles in the appendix. Among the Russian articles that served as additions to the helmsmen is a lengthy edition of Russian Pravda. This is the basis for my assumption that Russian Truth was compiled for the needs of a church judge, who in ancient times was obliged to sort out many ordinary, non-church matters. Systematic collections of articles of ecclesiastical legal content, called Righteous Measures, had a similar meaning to helmsmen in the ancient Russian church court. These are not helmsmen, but they contained additional articles of Greek and Russian law to the helmsmen: they serve as the most important guide in the study of church law. These Standards of the Righteous also included a lengthy edition of the Russian Truth, which also supports the idea of ​​the special significance of this particular edition of the Russian Truth. In the library of the Trinity St. Sergius Monastery there is one such Meril of very old writing, if I am not mistaken, the most ancient of the Russian Merils. The Russian Truth according to the Trinity List, which we will read, is taken from this Measure of the Righteous. This list is from the same edition as the list of the Sofia helmsman, only differs from the latter in the arrangement of articles. So, we will begin to read the Russian Truth according to the ancient edition, which had business, practical significance, judging by the monuments in which we meet it, i.e., by the helmsmen and the righteous standards. When turning to reading, I must explain its purpose. To enrich oneself with information on the history of Russian law, acquaintance with one of the many monuments of ancient law, moreover, with such a monument that reflects this law with dubious fidelity, cannot, of course, be of great importance. The purpose of our study is pedagogical, technical: whatever the monument we take, it is difficult; By studying it, we will make an attempt to study one of the most difficult historical monuments.

TRANSLATION AND NOTES TO THE ARTICLES OF THE LONG RUSSIAN Pravda
(according to the Trinity list)

1. The Yaroslavs' murder trial. Russian law. If a free man kills a free man, then [the father or son] shall take revenge for the murdered man on his own brother, or his cousin, or his brother’s nephew; if there is no one to take revenge on, then collect 80 hryvnia kun for the murdered person, when it is the prince’s boyar or one of the prince’s palace clerks (butler or equerry). If the murdered person is a simple inhabitant of the Russian land, or a prince's servant, or a merchant, or a boyar's court clerk, or a bailiff, or a church person, or an ordinary citizen Novgorod land, then collect 40 hryvnia kun for the murdered person. Title "Court Yaroslavl Volodymerich" refers only to the first article, because the second article begins with the words: “According to Yaroslav...” "Russian Truth"- said in contrast to the previous monuments of Byzantine law, which were placed in the helmsman or in the Standards of the Righteous. "Brother needs it"- should be read as one word - "bratuchado". Nominative singular- "bratuchado", nominative plural - "bratuchada". In other monuments we find the form - “two brothers,” that is, children of two brothers related to each other, or cousins. Apparently, this is not a Russian book term, but a South Slavic one. I came across this word in a Serbian helmsman of the 13th century; it corresponds to the Greek εναδελφός. However, ἀνεψιός also means nephew; ἀνεψιός - initially only “cousin”, but then it also acquired the meaning of “nephew”. And we gave the form “bratuchado” the meaning of a nephew, or rather, a niece in the form of “brother.” In its original sense, the form “bratuchado” appears in some translated monuments of the 15th century, where it corresponded to the Greek ἔταῖρος - comrade. In Russian Pravda this term has its real meaning - cousin. To indicate further kinship, i.e. second cousins, fourth cousins, etc., numbers were added, they said: second brother, third brother, etc. We find the same thing in folk terminology: brothers, brothers first, etc. i.e. cousins, brothers second, i.e. second cousins, etc. 2. But after Yaroslav, his sons gathered - Izyaslav, Svyatoslav and Vsevolod with their advisers Kosnyachk, Pereneg and Nikifor and abolished capital revenge for murder , but established a ransom in money, but in everything else, as Yaroslav judged, so his sons decided to judge. The congress referred to in this article was probably in the 60s or early 70s, because one of the three princes mentioned here - Svyatoslav - died in 1076, one of the boyars mentioned here - - Kosnyachko - in 1068 he was a Kiev thousand; That’s why we meet three boyars under three princes - all three [were] thousand. "Paki" in Russian Pravda it has the meaning of some opposition, limitation, reservation. 3. About murder. If they kill a princely boyar by attacking him with robbery, and the killers are not found, then a fine of 80 hryvnias will be paid by the society in whose district the murdered person will be raised; if he is a commoner, then a penalty of 40 hryvnia is paid. 4. What kind of society will begin to pay a wild (endemic) crime, pay it as many years as it can, and pay it when there is no murderer present. If a murderer from the same society turns out to be present, then society either helps him, since he also paid for others according to the social calculation, or pays the general vira, that is, the payment according to the worldly calculation, of 40 hryvnia, and the golovnichestvo pays everything is the killer himself, contributing only his share to the virus according to the plan. But for a murderer who has invested in society’s virtual payments for others, society pays according to the plan only when he has clearly committed murder in a fight or at a feast. 5. About an attack by robbery without a quarrel. Whoever begins to attack by robbery without a quarrel, society does not pay a price for such a robber, but gives him over to the prince with everything, with his wife and children and property, for sale into slavery on someone else’s side. 6. Whoever has not contributed to the payment of the general tax for others, society does not help him in paying the tax for himself, but he alone pays it. Articles 3 to 6 present many difficulties despite the apparent simplicity of their presentation. These difficulties stem from the use of the codifier with which he began to present these articles. Having started talking about one thing, he remembered something else and immediately added what he remembered. So, for example, in the 4th article the codifier wants to determine the procedure for paying public taxes. As soon as the conversation began about the penalty from society, and not from the murderer, the compiler of Pravda remembered that society does not pay at once, but over several years. Along with this, the idea of ​​a murder from society with the participation of a murderer arose. I had to explain what wild vira means, when it was possible, etc. So in this 4th article a whole series of subordinate clauses, obscure the meaning of the entire article. "Pay the price." Other lists read "virnoe", i.e. they mean vira, payment for the killed. Compare German. were, also complex wergeld. This is the fee charged for murder from the entire village. "Rope." Interpreters understand this term in the sense of a rural community, referring to ancient custom measure the ground with a rope. But after all, a city community that was not bound by communal land ownership was also called a rope, and what was the connection between the instrument for measuring land and the name of the community, what was the life on this land? Moreover, this word in the sense of the zemstvo community would have been found in our ancient monuments, except for the Russian Truth. The rope in Russian Pravda is not a rope, but the Serbian "varva" - a crowd ("varvlenie" - heating). So, varva, verv - the same as the Little Russian “hulk”, “rural world”; but this meaning is not the original one. In Serbian monuments we find the word “vurvnik” - relative, among the Khorutans - matchmaker. So, the word “vurvnik” meant a member of the community, while the members of the community were related by blood, it was a tribal community. This explains the etymology of the word “rope”. The rope, of course, is an instrument of communication, but originally it meant a kinship union (souz - ouzhik - relative). So, the point is not in the rope for measuring the earth, but in the original meaning in which the word “rope” was used. A rope is an alliance, a rope is an ally by kinship. In Russian Pravda this word “rope” was used not in its original, but in its derivative meaning, in the sense of the world, the community. So, the codifier of Russian Truth may have known what the human union was called in the South, but did not want to know what it was called in Rus'. So, the rope is a district, a community, a world; but which one - urban or rural? In the 21st article of the Academic List of Russian Pravda we read that Izyaslav took 80 hryvnia from the Dorogobuzh residents for the murder of his old groom. Dorogobuzh is a small town in the Kyiv land. This means that by rope here we mean the whole city or not the whole: it was an urban world or a community. If a murder was committed in the village, then the volost paid the viru. To judge the size of the rope, one can cite the instructions of the Novgorod Chronicle of 1209. The Novgorodians were angry with their mayor for his untruths, including the fact that he collected all sorts of taxes from merchants. This means that the merchants in Novgorod were a separate community - a rope. We know that in Novgorod there was a “merchant hundred”, which was the rope. The name vervi for an urban or rural society is not taken from the Russian language, but transferred from the Slavic South. Ancient Rus' knew the word "rope" as a rope, but not as a union. Interpreters of Russian Pravda therefore bring the word “rope” closer to the South Slavic scientific term "friend" South Slavic jurists, and from their words we also call it another union of several related families living together in one household, with common property. A zadruga consisted of several siblings or cousins, in general several lateral relatives, with their descendants. Thus, a friend differed from a family in the strict sense of the word; scientists called this last natural family - father and wife with children - in contrast to zadruga - a kindred partnership - "Inokostina". Both terms come from Serbian literature; but the Serbian people know neither zadruga nor inokoshtina. Zadruga, as a union of relatives living on a common household, is found in ancient South Slavic monuments, but with a different name. This union in one monument (in Dubrovnik) of the 13th century. called communitas fratrum simul habitantium. In Dushan's law, zadru is given a different name. This lawyer determines the legal liability of relatives living together. In one article we read it: for every crime, brother is responsible for brother, father for son, relative for relative; those who are separated from the criminal, live in their own houses and did not participate in the crime, do not pay anything, except for the one who participated in the crime: he pays for him house (kukya). This article forces researchers to pose the question: is our rope a Serbian friend? But do the people of Dorogobuzh, which are discussed in the 21st article of the Academic List, represent the same thing as the Serbian house - kukya? Why is there no mention of this rope either in the monuments contemporary to Pravda or in those that followed it? In the charter of the Smolensk prince Rostislav in 1150, the “virny tax” was collected from churchyards and cities, and a churchyard, like a city, is not a kinship union. Among the Serbs, responsibility for the crime fell on everyone living in home, but with us it could fall on a union structured completely differently. Our rope was not a forced union; if a member of the Serbian Houses refused the common vira, he would have to separate himself from the kinship union - Kuki, found his own special house: he cannot live in Kuki without paying for others; and with us it was possible to live in society without participating in public payments, as can be seen from further (after the third) articles of Russian Pravda. Bogisic recently proved that the Serbian family and the Zadruga are essentially one and the same; they differ only statistically, in the number of relatives-workers: a more extensive kinship union was called “kukya zadruzna”, a closer one - “kukya inokostna”. The Serbian family was not based on the legal principle of common family property, which was not considered the personal property of the father, and thus did not differ from zadruga, which was based on the persuasion of relatives to live together in one household. Until now, not the slightest trace of such a principle has been found in our monuments of ancient law. Starting with the Russian Pravda, the father, of course, is the owner of the family property, and this is clearly confirmed by the articles of the Russian Pravda on inheritance. This means that if there was no foundation, there could not be a building built on it; if there was no view of family property as the property of all family members, then there could be no family in the Serbian sense of the word. This explains the meaning of the word "rope". When a foreign codifier began to describe the Russian union, bound by responsibility for the crimes of its members, and did not find a suitable term, he remembered that in the South Slavic lands such a union is kukya. But this is one house, containing several families, whereas in Rus' it is a territorial union, covering several houses and even settlements. Moreover, kukya is a related union. This is probably what forced the codifier of Russian Pravda to call Russian public union the Serbian term “rope”, which, containing the concept of kinship, perhaps then already gave a vague idea of ​​the mass: “rope” in the Serbian language means both “rope” and “hulk”. 4-- 5th articles. "Wild Veera" is explained as a penalty for an abandoned corpse, and the very word “wild” is derived from the Greek lack. verb "ἔδικον, undefined δικεῑν - throw. Then this term comes close to "divy" - "ἄγριος". But it is difficult to explain the comparison of the term "wild" in this meaning with the word "vira". The meaning of this expression is easier to explain by the original meaning of the word "wild". A wild animal means an untamed animal, not domesticated, belonging to anyone who catches it. Wild - no one's, common, not belonging to anyone in particular; wild vira, thus, is common, falling not on an individual , but on everyone; a general levy. A wild levy was paid in two cases: 1) it was caused by a murder, the culprit of which was not found; 2) it was caused by a murder, the culprit of which belonged to the society that paid the levy and was known to it. Russian Truth gives an indirect indication , that in this last case the killer was not extradited, because he had previously participated in the payment of wild vira (cf. Article 6). Instead of paying wild vira, society sometimes bought off it with a certain amount. The existence of such a ransom during the Russian The truth is confirmed by one remark in the charter of the Smolensk prince Rostislav in 1150. Listing the income from which the tithe went in favor of the bishop, the prince indicates in his list a district with an extremely strange income. This is Dedich, from whom the prince received tribute and 15 hryvnia. The proximity of the vira to the tribute shows that this is a direct and constant tax, which, together with the tribute, was not even equal to a simple vira. Here, probably, there is a vira in the sense of a ransom, for which the prince allowed the Dedichs to manage and judge criminal cases themselves. "Give it away and that's it"(5th article). Here by “total” we mean not only the family, but also the property of the robber. The words indicate this "flood and plunder" -- exile and confiscation. “Potochiti” - from “teku” - drive out, exile; plunder is the theft of someone else's property, committed according to the law, by a court verdict. In this sense, the word “robbery” was used in the language of Russian Pravda; it was not used then in the sense of taking away someone else's property with the knowledge of the owner and against his will. These terms of Russian Pravda fully correspond to the expression of one Norwegian law: De jure Norwegiс homicidium celans puniebatur et exilio et confiscationbonorum. 7. Here are the exact duties that were in place under Yaroslav. Give the vira collector 7 buckets of malt for a week, in addition, a lamb or weed meat, or 2 nogata (5 kunas) in money; on Wednesday - kuna and on cheese week - cheese; the same on Friday, on fasting days - 2 chickens per day; in addition, 7 baked breads for the whole week; 7 measures of millet, the same amount of peas, 7 heads of salt. All this goes to the vira collector and his assistant. They have four horses; Give them as much oats as they eat. In addition, from a vira of 40 hryvnia, the vira collector receives 8 hryvnia and 10 kunas of transfer money; and to the bailiff - 12 centuries and a grivna. 8. If the vira is 80 hryvnia, then the collector of the vira will receive 16 hryvnia and 10 kunas for transfer and 12 vekosh - the bailiff, and at the first inquiry of the abrasive - a hryvnia, at the very collection - 3 hryvnia. Transferable hryvnia. Fee for moving horses, for driving the official when traveling to collect the fee. Rough hryvnia. As is known, the closer called to court the witnesses who were referred to by the parties during the trial, receiving for this double runs against what he received for calling witnesses before the trial. But if the parties, having referred to witnesses during the trial, made peace before calling them, then the closer, who was preparing to go for the witnesses, took (according to the Solovetsky charter of 1548) "abrasive", like a fee for the fact that he was in vain forced to sit on a horse and then get off it. Perhaps the bruising hryvnia had a similar meaning in Russkaya Pravda. This is the duty for the blizzard-closer in the case when he came on a murder case, which turned out to be not subject to payment of taxes (Cf. Article 15). 9. Headiness. For the murder of a prince's servant, or groom, or cook - 40 hryvnia. 10. For the prince's butler or groom - 80 hryvnia. 11. For the prince's rural and agricultural clerk - 12 hryvnia; for a princely hired worker - 5 hryvnia, the same for a boyar clerk and a hired worker. 12. For a craftsman and a craftswoman - 12 hryvnia. 13. For a commoner and a slave - 5 hryvnia, for a servant - 6 hryvnia. 14. For an uncle and a wet nurse - 12 hryvnia, whether they are slaves or free. 15. About murder without evidence. Whoever is accused of murder, without direct evidence, must present 7 witnesses who, under oath, will withdraw the accusation from the defendant; if the defendant is a Varangian or another foreigner, then two witnesses are sufficient. No fee is paid even when they find only bones or the corpse of a person about whom no one knows who he is or what his name was. 16. About payment for dismissal of murder charges. Whoever withdraws the charge of murder pays the investigator one hryvnia for the charge, and the prosecutor pays another hryvnia and 9 kuna for the charge of murder. 17. If the defendant, whom the plaintiff accuses of murder, begins to look for witnesses and does not find them, then order him to justify himself through a test with iron; in the same way in all similar cases of theft, when there is no direct evidence. To force the defendant to be tested with iron against his will, if the claim is not less than 1/2 hryvnia of gold; if it is less, but not less than 2 hryvnia kun, then test with water; if the claim is less than 2 hryvnia kun, then (the defendant or plaintiff) must take an oath for the money. Slander(Articles 15-17). Now this word means “vain accusation”, “slander”; in Old Russian, slander was an accusation based on suspicion without obvious evidence. In the absence of a “person”, or red-handed, the accusation had to be justified by circumstantial evidence. However, every lawsuit should not be considered slander, although the word “claim” means “search for a person or red-handed” (hence - evidence); slander is a lawsuit based on suspicion without direct, obvious evidence. This term comes from the verb “rivet,” which first meant “to accuse,” and then “to accuse falsely.” But before the legal meaning of the verb “rivet” was used in the sense of “forge”, and the Russian language still knows this meaning (rivet). In an ancient translation of the 13th century. The words of Gregory the Theologian (11th century) we find many ancient Russian inserts. In one of them we find the following expression: “it is in vain that the forger forges silver.” This ancient meaning of the word also gives us its legal explanation. The prosecutor shackled the accused in irons, arrested him, or asked the judge to make an arrest. Arrest is the original legal meaning of the word “slander.” We find the same change of meaning in the Latin word “clausa”: “claudere” means “to forge”, “to arrest”; “clausula” is a request that ends a petition; “clausa” also means “legal cavil,” “slander.” Plaintiffs in Russian Pravda both parties are named - plaintiff and defendant; hence the expression “both plaintiffs” (“both plaintiffs”). Probably, this term comes from the word “isto” - capital and means litigants for a certain amount. Is it true- here of course in the sense of God's judgment as judicial evidence. The ancient Russian process of testing with hot iron is little known to us; more and more people talk about the test by water (the drowned man was justified). The easiest type of God's judgment was “rota,” that is, an oath. Claims of at least 1/2 hryvnia of gold were proven by testing with fire or a hot iron; claims from 1/4 hryvnia of gold to 2 hryvnia of kun were proven by water testing; claims below 2 hryvnia kun - company. Rumors- here are witnesses who represented one of the types of God's judgment. They were called in order to “bring a company” - with an oath to clear the defendant from the slander brought against him. Shelf. There is an article in Russkaya Pravda (article 99 according to the Trinity List) that sets out pomotnye taxes - “ourotsi judiciary”. The lesson is a tax, a fixed amount, determined by law. And “whoever helps,” we read in this article, “pays 4 kuna.” This payment goes to the youth or snowman, i.e., the bailiff (assistant of the bailiff). So, there were lawsuits where someone who received help from the court paid; These are slanderous lawsuits. The assistance most likely consisted of summoning the defendant to trial and collecting evidence against him at the request of the plaintiff. This term survived until later times. In the acts of South-Western Rus' XV-XVI centuries. we find an indication that the plaintiff paid the assistant judge when the case was decided in his favor. If the defendant cleared himself, rejected the murder charge, then paid the bailiff "estimate" acquittal hryvnia. 18. Whoever strikes with a sword without drawing it, or with the hilt of a sword, pays 12 hryvnia of sale for this offense. 19. If he draws the sword, but does not hurt, then he pays the hryvnia kun. 20. Whoever hits someone with a stick, or a bowl, or a horn, or the blunt side of a sword, pays a penalty of 12 hryvnia. If the victim, unable to bear it, strikes the offender himself in revenge with a sword, this should not be blamed on him. 21. If someone cuts a hand so that the hand falls off or withers, or a leg is cut off, or an eye is gouged out, or a nose is cut off, he pays half a virya - 20 hryvnia, and the wounded person for the injury - 10 hryvnia. 22. Whoever cuts off someone’s finger pays 3 hryvnias of fines to the prince, and the wounded one pays 3 hryvnias of kuns. 23. Battery trial. If a person comes to court covered in blood or bruises, then he does not need to present witnesses; the accused pays a penalty of 3 hryvnia. If there are no signs on the face, then he must present witnesses who are obliged to show in one word with the plaintiff; then the instigator pays 60 kuna to the plaintiff. If the plaintiff comes with signs of beatings, and witnesses appear who prove that he himself started the fight, then the beatings will be counted against him as the instigator. 24. Whoever hits someone with a sword, but does not kill him to death, pays 3 hryvnia as a penalty, and to the wounded - a hryvnia for the wound, and what else is needed for treatment. If he kills before death, he pays the virus. 25. If someone pushes another away from him, or pulls him towards him, or hits him in the face, or strikes him with a pole and two witnesses testify to this, the guilty person pays a penalty of 3 hryvnia; if the accused is a Varangian or a Kolbyan, then the full number of witnesses must be brought against them, who must take an oath. Full video(to article 25): vidoki - witnesses; here is a dual number, in a collective, collective sense, as in the 6th article - tiuna prince, i.e. tiunye princely. 26. About the slave. If a slave disappears and the owner reveals this at the auction and no one brings the slave until the third day, and the owner meets him on the third day, then he can directly take his slave, and whoever hid him will pay a three-hryvnia penalty. 27. Who will ride someone else's horse? Anyone who mounts someone else's horse without permission pays a penalty of 3 hryvnia. 28. Whoever loses a horse, weapon or clothing and reports it in the market and then identifies the missing item from someone in the vicinity of his own city, he directly takes his item and collects 3 hryvnia from the hider for the non-appearance of the item. Zaklych And commandment. The commandment is to appear in a claim, to publish a missing item. This appearance took place in the market, where the court was located; it was expressed by the term: “and they will call at the auction.” 29. Whoever, without appearing, finds what is missing from him, that is, stolen, a horse, clothes or cattle, do not say: “This is mine,” but tell the defendant: “Go to a confrontation, declare who you received it from.” , with that, stand face to face." Whoever is not justified, the guilt of theft will be transferred to him; then the plaintiff will take his due, and the defendant will pay him for what he suffered with the missing item. 30. If this is a horse thief, he should be handed over to the prince to be sold into slavery in a foreign land; if he stole from the barn, pay him 3 hryvnias as a penalty to the prince. 31. About confrontation. If, by reference to a confrontation, the defendants are residents of the same city as the plaintiff, the plaintiff will pursue the case until the last reference. If they refer to the inhabitants of the urban district, then the plaintiff pursues the case only up to the third reference, and the third defendant, having paid the plaintiff money for his thing, deals with this thing until the last reference, and the plaintiff waits for the end of the case, and when it comes to the last the defendant, he pays everything: additional compensation to the plaintiff, losses to the third defendant, and a fine to the prince. 32. About Tatba. Whoever buys anything stolen at the market - a horse, clothing or cattle - must bring two free witnesses or a customs collector to trial; if it turns out that he does not know from whom he bought the thing, those witnesses should take the oath for him, the plaintiff should take his thing, and the person who was missing with the thing should say goodbye, and the defendant should say goodbye to the money paid for it, because he did not knows who he bought the item from. If he later finds out who he bought it from, he will recover his money from this seller, who will pay both the owner of the item for what was missing with it and a fine to the prince. 33. About the slave. Whoever identifies his stolen slave and detains him must go with this slave until the third confrontation between the buyer and the seller; take his slave from the third defendant, and give him stolen goods - let him go with him to the last exile: after all, a slave is not cattle, you can’t say about him - “I don’t know who I bought it from,” but according to his testimony, it should go to the last defendant and, when the last defendant is found, the stolen slave is returned to his owner, the third defendant takes his slave, and the culprit pays the losses to him. 34. The prince must pay a fine of 12 hryvnia for stealing a slave. 35. About confrontation. And from one urban district to another there cannot be a reference to a confrontation, but the defendant must present witnesses or the customs collector in whose presence he bought the stolen item. Then the plaintiff takes his thing, and he must say goodbye to everything else that he lost, and the defendant must say goodbye to the money paid for the thing. Vault(to articles 29-35). This word is explained as a way to ward off suspicion of theft. But in Article 29 we find an expression addressed to both litigants - “come down,” that is, come to a confrontation. This means that the meeting is a confrontation. The confrontation was carried out by referring the accused of theft to the one from whom he acquired the stolen item. This link led to a confrontation between the former and the latter. When the reference was justified, the second defendant, in turn, had to show from whom he acquired the stolen item, and if he indicated the seller, a secondary confrontation took place. So the collection continued until the defendant was no longer able to show from whom he acquired the thing. This last defendant was recognized as tatem. This whole process was called vaulting; but every moment of it, every confrontation was called a vault; hence the expressions - third arch, final arch. 36. About Tatba. Whoever is killed near a barn or at some other place of theft will not be punished for this, as for killing a dog; if they keep the thief alive until dawn, take him to the princely court - to court; if the thief turns out to be killed, and outsiders saw him tied up alive, then the killer pays a 12 hryvnia penalty for this. 37. If a thief is caught stealing cattle from a barn or something from a barn, a fine of 3 hryvnia and 30 kunas will be collected from that thief; if several thieves stole together, collect 3 hryvnias and 30 kunas from each. 38. About the found loss of livestock. If cattle, sheep, goats, or pigs were stolen in the field, the convicted thief pays 60 kunas as a penalty; if there were a lot of thieves, take 60 kunas from each. 39. If they steal sheaves from a threshing floor or milked bread from a pit, no matter how many thieves there are, take 3 hryvnias and 30 kunas a penalty from each. If the stolen property turns out to be present, the owner will take what is his and also exact 1/2 hryvnia from the thief for each year, if the stolen property (livestock) has been missing from the owner for a long time. "He died"(to article 39). This second half of the article hardly means what the first half says. After all, we are talking about rewarding the owner for the loss he suffered from the theft of an item, and about returning the latter as red-handed. But was it possible to look for the sheaves after a few years? What was meant here, of course, was cattle, as in Article 38, as was further discussed about it (Article 40). 40. If the stolen property is not available in cash, the plaintiff receives a fixed price instead: for a prince’s horse - 3 hryvnia, for a human horse - 2 hryvnia. 41. Lesson fee for stealing livestock. For a mare - 60 kunas, for an ox - hryvnia (50 kunas), for a cow - 40 kunas, for a three-year-old (mare or cow) - 30 kunas, for a two-year-old - 1/2 hryvnia (25 kunas), for a calf - 5 kunas, for a pig - 5 kunas, for a piglet - nogata, for a sheep - 5 kunas, for a ram - nogata, for an unridden stallion - 1 hryvnia kunas, for a foal -- 6 nogat, for cow's milk -- 6 nogat. At these agreed prices, the plaintiffs are paid for the stolen cattle instead of red-handed, when the thieves will be ordinary free people who pay a fine to the prince for the theft. 42. If the thieves are princely, boyar or monastic slaves, who are not punished with a penalty by the prince, because they are not free people, pay double the reward for slave theft. Using these articles (41-42), you can determine the market ratio of the hryvnia kuna to our rubles if you compare previous and current prices for livestock. I take the average prices of the southern provinces for 1882. The average price of a working horse this year is 55 rubles; the price of an ox [was] the same (55 rubles); a milk cow cost 43 rubles; They paid 3 rubles for a sheep. 50 kopecks At the price of horses, the hryvnia kun was equal to 46 rubles. [(55x50):60=45.82], at the price of oxen - 55 rubles, at the price of cows - 54 rubles, at the price of sheep - 43 rubles; the average figure is approximately 50 rubles. So, a simple check = 40x50 = 2000 of our rubles. 43. About a debt claim. If the creditor demands payment of the debt, and the debtor begins to lock himself up, the creditor is obliged to present witnesses who will take the oath, and then he will recover his money; and if the debtor has evaded payment for many years, he will pay another 3 hryvnia compensation for the losses caused to the lender. 44. If a merchant entrusts money to another for the purchase of goods or for trading from profit, then the guarantor should not collect his money through witnesses, the presence of witnesses is not required here, but let the defendant take an oath if he begins to deny the oath when transferring money for trading to another. , obviously, not the guarantor of the money, but the one who accepted it. It was a “partnership of faith” - one gave money to the other, and the law stood on the side of the one who provided the service. Otherwise strange abuses would arise; the law says: do not trust anyone who will deny himself the assignment he has accepted; and since this was a partnership of faith, there was no need for witnesses. So, in the 101st article of the Pskov Pravda we read: “And whoever has on whom to seek trade, or bail, or personal something, otherwise judge the will of the one on whom they are oozing (looking for.-- IN. K.), wants to climb into the field, or he will lay down the cross." This means that the one who received the assignment decided the case, not the guarantor. The accused could go out to a duel with the guarantor or allow him to kiss the cross, which replaced the duel. Russian Truth is content with the oath of the one who received the assignment; we are not talking about a crime against the guarantor, but about the latter’s careless gullibility.45. On the transfer of property for storage. Whoever transfers his property to someone for safekeeping does not need witnesses; if the owner begins to look for more than what he gave, then the custodian of the property must take an oath, saying: “You only gave me so much, no more.” After all, the defendant did good to the plaintiff by burying his property. 46. About growth. Whoever gives money for interest, or honey for instruction, or bread for powder, is obliged to have witnesses; and as he persuaded, so he should grow. Res- interest on money lent for growth. "In a third"- by two to three, i.e. 50%. We find proof of this in the contractual letter between Grand Duke Dmitry Donskoy and Vladimir Serpukhovsky. According to this charter, the princes had to pay the Horde output, and the share of the appanage prince was equal to one third. “And if we stop paying tribute to the khan, then for me,” says the Grand Duke, “two lots of tribute, and for you – a third,” that is, the third lot. If so, then "third" and in in this case can be understood as the third - to give money in interest for two or three; This means, for example, for every 2 hryvnia you had to pay a third, i.e. 50%. Payment on the 4th--5th=25%; by 5-6 = 20%, etc. This means that by the expression “a third” one cannot mean a third of capital, as some people think. Growth in ancient Rus' sometimes reached very large sizes: for example, in the 16th century we encountered weekly increases above 100% on an annual basis. 47. About monthly growth. The monthly increase for a short-term loan is taken by the lender by agreement: if the debt is not paid within a whole year, then calculate the increase from it by two to three (50%), and cancel the monthly increase. If there are no witnesses, and the debt does not exceed three hryvnia kunas, then the lender must go to the oath of his money; if the debt is more than three hryvnia kun, then tell the lender: “It’s your own fault that you got so rich - you gave the money without witnesses.” 48. Vladimir's Charter on Growth. After the death of Svyatopolk, Vladimir Vsevolodovich convened his squad in the village of Berestovo - the thousands of Ratibor of Kyiv, Prokopiy of Belogorodsky, Stanislav of Pereyaslavsky, Nazhir, Miroslav, Ivan Chudinovich (boyar Oleg of Chernigov). At this congress it was decided: whoever borrowed money with the condition of paying an increase of two or three, should take such an increase only for 2 years and after that look only for capital; whoever took such growth for 3 years should not even look for capital itself. 49. Those who take ten kuna growth per hryvnia per year (40%), such growth is allowed for a long-term loan. 51. If a merchant who is already in debt to many, out of ignorance, is credited with goods by a non-resident or foreign merchant and he then begins to refuse to pay him, and during forced collection the “first creditors” begin to interfere with payment, such an insolvent debtor must be sold on the market and first of all pay the debt in full to the visiting merchant, and divide the rest among the native lenders; if (instead) the person sold ends up in debt to the treasury, then first pay the treasury debt in full and use the remainder for division; but a creditor who took high interest rates from the debtor should not be allowed to partition. 52. A worker who has been mortgaged for escaping from the owner becomes his complete slave. If he leaves to look for money, telling the owner about it, or runs away without asking to bring a complaint against the owner to the prince or to the court for an insult, then do not give him into captivity, but give him justice according to the law. 53. If an arable hireling loses his master’s marching horse, he is not obliged to pay for it; If the hirer receiving the loan takes a plow and harrow from the owner, then for the loss (“A horse with a plow and a harrow in connection with the next article.”) he must pay for them (“Collection from purchase his weapon - that means [the purchaser] is not a yard worker, but [has] his own farm."): but he does not pay for the owner’s thing, taken by him, if it disappears without him, when the owner sends him to his work. 54. If if the owner's cattle are stolen from the barn, the hirer is not responsible for it; if the cattle disappears from the hirer during field work, or because he did not drive it into the yard and did not lock it up where the owner told him, or while the hiree was working on his household - in all these cases he pays for the loss. 55. If in such a case the owner offends the hirer, subjects him to unfair penalties and sets too high a price for the missing thing, and in payment for it takes away from the hirer the loan given to him or his own property, then according to the court he is obliged to return all this to the hirer, and for the insult he must pay a penalty of 60 kn. If the owner gives his hireman as earnings to another owner for the payment taken from the latter in advance, he must give back this payment, and for the insult he must pay a penalty of 3 hryvnia If he completely sells him as his complete slave, then he will hire him free from all debts, and the owner will pay 12 hryvnia as a penalty for the offense. If the owner beats a hireling for business, he is not responsible for it; if he beats him drunk, without knowing why, without guilt, then he must pay for the insult (of a hired man), as one pays for insulting a free man. 57. If a hireling steals something on the side, then his owner can do with him as he wants: maybe, when the thief is found, he can pay for the horse or something else he stole, and then take the hireling as a complete slave, and maybe sell him , if he does not want to pay for it, and then he must pay in advance for hiring someone else, be it a horse, an ox or some other thing, and take the remainder of the money received for the hire for himself. 97. Children of different fathers, but of the same mother (who was behind two husbands) inherit what his father left to each. If the second husband squanders the property of the first, the father of his stepsons, then his son, after his death, must reward his half-brothers for the waste made by his father, as much as witnesses will show, and what then remains of his father’s inheritance, he owns. 105. But a fixed-term worker (given fixed-term work for a debt) is not a slave, and [he] should not be turned into a slave either for food or for a dowry (loan for work). If the worker does not complete his term, he is obliged to reward the owner for what he lent him; if he serves until his term, he pays nothing. 112. If someone buys someone else’s slave without knowing it, the real master must take his own slave, and the buyer must recover money from the master under oath that he bought the slave out of ignorance. If it turns out that he obviously bought someone else’s slave, then [he] loses his money.