Reforms of Peter I

Binding relationship wore estates character. Thus, taxable estates were practically deprived of the right to buy us e lennye land. Various legal consequences occurs when the non-performing e SRI obligations. State brutally regulate contractual relationships. Remark Turning transactions in respect of factories and plants were allowed to discharge only e sheniya Manufactures - Berg and colleges. Written contracts (in capitals) pe tered in the Armory, City Hall and the College of Justice. Serf (notary) order made out of d talk about real estate. Gifting property prohibited. Decree on primogeniture and the shaft does not provide for the exchange of names.

The state, through the police, local authorities, town hall and magistrates in cities actively regulate trade, especially in Peters p n, where the goods were taken initially reluctant. Wholesale dealers of goods on the way to St. Petersburg Presley e Dov. After the fire was limited to the price of building materials. To promote activities Petersburg port was reduced overseas then p howlite through Archangel.

Service contract to perform the work consisted of the house, on the ground, in the fields, shops, manufactories, factories and trading companies.

Restrictions were placed on the conclusion of the contract personnel recruitment. Minors could be hired to work with the consent of their fathers, women - with the permission of their husbands, for the serfs were required to have a permit from the dock ment from landlords or estate managers. These contracts are recorded in the police force. Wide development of the floor at the chili works contracts and supply.

Contract Agreement, previously known Russian legislation under state industrial protectionism, complemented by the delivery contract customer, which usually is the state, its agencies or large private and mixed companies.

Such contracts for the construction, pe repairs, supply of materials, etc., concluded with the Treasury, guaranteed charge and Telem. suretyship was provided and the loan agreement. Loan Agreement with the development of the monetary system and the housing securities (mortgages, stocks, bills of sale, bills etc.) acquires new features. The law formally forbade charging interest on loans, only in 1754 officially established six percent per annum. In practice, the interest charged before. The loan is often associated with a guarantee when guarantee payment of the debt became a mortgage of land or movable property. Created credit (borrowed) System institutions led by bank borrowings. Since 1729 developing a system of private credit, merchants were granted the right to incur bills. Bill (on bill charter) became a bearer security, includes money turnover.

Contract worship and Ms. consisted of serfdom, but soldiers could stop and twist things in storage without registration of the contract, and the loss of these things are seen as predatory guardian ting.

Contract baggage movable property consisted of any subjects, except for the monks, who are spiritually regulations forbade taking money for storage and stuff.

Intensive growth companies at the beginning of the XVIII century. led to the development of the partnership agreement. The execution and performance of this contract and lo occur under the supervision of Manufactures - Berg and colleges. Government assisted in the performance of contractual obligations. However, clear forms of organization of the partnership vyrab ted was not. In general, the regulation on direct binding relationship is the tendency to procedural formalization. State, encouraging entrepreneurship, actively regulated market relations of e.

Sale and purchase agreement to control the movement of any object property (movable and immovable). Restrictions imposed by monopolistic policy of the state concerned as a matter of contract (prohibitions sell generic property, some types of minerals) and its conditions (deadlines for redemption patrimony, limiting the range of subjects, buy real estate and peasants). Deception, delusion and coercion committed in the contract is the reason for its cancellation. Provided for the sale by installments ("credit"), advance payment or prepayment ("cash in advance"). General sales contract extended to the supply agreement.

4.3 Marriage and family relations

Expanded state regulation of marriage and family relations on t. In 1702 was legitimized as a compulsory religious ceremony hoop ting, which are committed by veiled property while writing the transaction. If on the period of six weeks from the wedding party to the conspiracy renounced marriage, t imusches governmental consequences (previously envisaged - the penalty) and should not be lo.

Decree on primogeniture 1714 marriage age for grooms and mouth navlivalsya 20 years for brides - 17. With the general trend towards the introduction of the free expression of the will of St. married, this decree, on the contrary, the Charter in Lebanon propertied some limitations. Decree 1722 contained prohibition n e algae recognized Senate mentally retarded ("fools" in the terminology of the decree in 1722 "On svid e telstvovanii fools in the Senate"), to marry. Parents lost their right to direct and needy children for the wedding. At the same time, naval officers were forbidden to marry without the consent began s properties. In marriage forbidden to join close relatives and insane ("fools" in the terminology of the decree in 1722 "On the testimony of fools in the Senate" [15]).

To marriage required the consent of the parents and spouses of military authorities, as well as knowledge of arithmetic and geometry for the nobility. Fortress intermarried with permission gentlemen. The law required the free consent of the intending spouses.

Admitted only religious marriage. Since 1721 was allowed to enter into mixed marriages with Christians of other denominations (Catholics, Protestants), denied marriage with people of other faiths.

Reasons for divorce provides as follows: political death and reference to penal servitude for life, absence of one of the spouses within three years, enrolling in monasticism, adultery of a spouse, an incurable disease or impotence, one of the spouses attempt on the life of another, non-information about the upcoming crime against the monarch.

In 1753, a special act of separateness fixed liability laws spouses, emphasizes the freedom of one of them from the debts and commitments of others.

For children, parents used almost the same power as before: they can be punished and sent to a monastery to give to work for a period of employment.

By law, the father had to support their illegitimate children and their mother, but the bastards did not have property rights and could not qualify for the inheritance by law.

Bigamy (including earlier allows POWs) were forbidden. Children born to the second marriage recognized nezakonnoro Well dennymi. Synod can conclude no more than three marriages (if legal termination before duschih s). Wives punitive labor allowed to enter into a second marriage, as for r about Vorenus to link to hard labor rights deprived state. Since 1721 was allowed to enter into mixed marriages with Christians of other denominations (Catholics, Protestants), and a new marriage with p particles denied.

Marital obligations cease to tonsure both su p Rugova (not less than 50-60 years) as a monk. Reasons for divorce provides as follows: political death and eternal link to a shambles, absence of one of the spouses in the next 3-5 years, and incurable disease or impotence in May, one of the spouses attempt on the life of another.

The tendency to separate marital property. So, in exceptional and relatively possession husband had bought them fiefdoms owned by his wife and remaining elk dowry.

Institute develops care. By decree of 1714 custody of small summer family members entrusted to heir property. Marking mouth and navlivalas of minor children and lasted until their majority. Legal age for the heirs estate 20 years, and for n slednikov movable property in 18 years (for women - 17). Guardian of all property disposed of wards.

For greenhorns in age from 17 to 21 years could be established and the proof of guardianship. Guardianship should only apply to the disposal of real estate, the rest could disintegrations of the mentee is charging.

By the act of 1724 was established guardianship magistrate. Marking can also be installed on the insane and pathologically violent ind e schikami.

4.4 Administrative and police law

In the first quarter of XVIII century. intensively developed, swiftly administra t-police law, which is issued as a separate industry, and later received the official name of the police law. Law on creation and enforcement in the field of administrative (police) were reviewed in the legal part of the first characteristics of the political regime, the legal status of the population, as well as government, in reg ular police. "Paragraphs General of Police" in 1718, with instructions can Minkowski police in 1722, "Regulations or charter Chief Magistrate" in 1721 were, in fact, the Administrative Code. They regulated organ zation and management, the impact on residents of the state, the rules types e tion in cities, defined sanctions for violations. These large z and laws are supplemented by numerous legislative and concretized in E s and regulations.

In legislation and in practice is administrative and police actively-significant place occupied by fighting runaway (cr e styane fled and serfs - from the owners, workmen - with the construction of the head and rows of soldiers and recruits - from military service). Harsh edicts of the capture and cruel punishment escaped alternated with edicts, which promised forgiveness voluntarily returned from racing.

Police were instructed to keep records of residents to register all newcomers to the city and to hire. Documents certifying whether h particular, issued by various government agencies and private businessmen is well.

If you lose the person should return the document to the former residence of one m e. For "free people", including who came to the city to work, could vouch other free people - in this case amounts to "zap handrails and B", and provided for the mutual responsibility for cooperatives [16] . So a free people was "ordered" to stay where they were, in fact, is their binding. For drawing up false ("scrying in Sgiach") holiday letters or detention on vacation so people envisage a moose whip beating perpetrators and collecting from them "healed money", ie reimbursement of direct and indirect damage caused by the former is a traders. Register arrived in Moscow since the end of the XVII century. production and Zemsky order to familiarize and stone craftsmen and masons cooperatives - in K and neously order. Grab bars can be made ??out areal recording clerks on Red Square on show mercy, and registered in order to carry out the clerk had the right or on the old n dyachy. Without such clearance living and working in the capital s and prohibits.

Introduced centralized accounting serfs. Chastnovladel s cal peasants could live in cities with their owners without docking at the cops. In the XVIII century. desertion and unauthorized withdrawals of peasants and working people increased, the fight against this phenomenon angrier. Yk and Zoom from 19 February 1721 provided for the seizure of villages landowners responsible for holding whi g mated peasants. For drawing up false selling letters introduced snatching nostrils and a link to the eternal locator w ITATION work.

Set strict prosecution of all not occupied billeting nym n tr at home and without sufficient grounds were outside the place of residence. In paragraph from May 25, 1718 ordered "firmly visitors see what kind of people." For guests concealment or misreporting of their owners threatened link to the gallery and conference and skatsiey whole property.

Identity documents at the time, were not reliable in E s, so to refer to persons convicted of serious crimes, pr and branding has changed.

Crucial in accounting and documenting the population had signed June 6, 1724 by Peter I of legislation, which had titles of a "Poster". Published under the catastrophic financial situation in the country Poster reg burnished charging capitation and legal status of military units stationed in the regions used for about Leia full tax collection and suppress peasant disturbances. Rightly linked with posters and establishment of a single passport system for n datnogo of the rural population. Peasants were allowed to be employed in the office of that "to feed" within their county. In this case n meschik on, and in his absence - the clerk and the parish priest, could issue "letter n ITATION holiday." With this holiday peasant could work in another county, but not beyond 30 miles from their home. For waste to more distant places, I baptize with Nin vacation letter from the landlord had to come to the country commissioner, who gave "Throughput letter" signed by him and Colonel raskvart and in Rowan County Regiment of and sealed.

Merchants, as before, gave carriageways ratification. Servicemen who have been released from service temporarily, issued "written holiday", and HC on lennym from service - "abshidy." Identity documents of foreigners who arrive in Russia in Shih and Pulls abroad Russian subjects in the first quarter of XVIII century. becomes "pashport", sometimes also referred to as "pass" [17]. "Pashporta" Institute of Business Consulting should provide for the registration of the chief of police in the office, from which after checking Mr. and directs the college to those who were interested in living Institute of Business Consulting in Russia.

Legislation containing the rules of accomplishment, and strictly to the norm. Introduced strict fire regulations. Increasingly expanded rules of travel in the city. Introduced strict sanitary rules defined then I dock burial, epidemics, quarantine restrictions were set hard. Substandard products vile e shook confiscation and destruction.

Administrative offenses is not isolated nor in the Legislative and enforcement acts, nor in law enforcement. Responsibility for them was as severe as for criminal offenses. Did not stand straight on and administrative process.

4.5 Criminal Law

Intensive development of the criminal law. During the reign of Peter I, study estimated that 392 was issued to that legislation and criminal law. Regulatory largest criminal statute was "Military Marking a brief interpretation" of 1715, the first edition of which determine the appearance of the criminal law as an independent branch. All new legislation is usually tightened, and concrete and expanded ized criminal repression provided Ulozhenie 1649.

More government public relations det e shared the very concept of crime. The decree of 1714 stated: "All that damage and loss may befall State - the essence of the crime." Crime more explicitly shared by the state and in polar Partick (private).

At the end of XVII - the first quarter of XVIII century. deepening and differential tion offenses in stages of committing a crime (in-laws more pre d presented criminal intent, including criminal intent, preparation of a crime, a completed and uncompleted attempt), with about by participation in a crime (along with the instigators and organizers and excipients punished sufferer, concealers, nedonositeli) at about b circumstances aggravating or mitigating. So aggravating circum stances I recognized intoxication, the fact is considered pr e feet. Extenuating circumstances were voluntary surrender, infancy, and the heat of passion "in the service of habit." Mental Illness released a la punishment.

Thoroughly developed in the law of Dima Institute req defense. The harm caused by an attacker, should be commensurate with the attack. At that all circumstances. Not considered neo b sary defense murder committed instigator fights. Acts, with about commited in extreme necessity (surrender of the fortress, defending my e "to the last man," stealing food from extreme hunger), and punishment were softer or not punished at all.

4.6 Types of offenses

So what are the types of crimes existed?

1) Extremely dangerous considered public crimes of e, so-called for "the first two points" (meaning the items ca p tion decree - of any malice against a person or his majesty and s mene about disturbance and rebellion). These severity adjoined kidnapping treasury.

Subject to severe punishment person drew his sword near the seat of the king, as well as being there illegally or not withdrawn caps on its route or obscene behave.

Severely punished treason sovereign. Impostor who claimed to be Tsarevich Alexei Petrovich, was impaled alive. Ka s death nor subject to traitors - servicemen and persons who instigate or flee abroad org nized and transition.

2) As before, the first place in the laws and formally called the most serious crimes acts against th podstvovavshey with religion and the church. Believers, stubbornly rejected the official church, and n is called dissidents and exiled to distant places and monasteries. Church split was equated with heresy, and the most persistent Believers that their religious beliefs are not refused even to torture, subject to burning train and Vym in blockhouse.

Subjected to punishment magicians, sorcerers, idopoklonniki, black on scribes zagovoriteli rifles, sowers of superstitions. Severe retaliation by Dr. lay seduction "busurmanskuyu" faith, ie to Islam, Judaism, paganism. Just punished sacrilege (church theft). Displ ting drunken quarrels and extraneous conversations in the church as a church considered rebellion and suitable n and shows.

3) At the end of XVII - the first quarter of XVIII century. specified and extended composition counterfeiting. It turned on and remelting of coins on other products, the illegal sale of red copper, running on the coinage. To falshivomonetn-operation and equated fake stamp paper. Counterfeiters were declared enemies of the state and people's ruined and telyami.

4) In the first quarter of the XVIII century. compositions and an increase in B with theming military crimes, increased penalties for them. Pre w devremennaya surrender of the fortress commandant izmencheskie contacts Samovol s ITATION negotiations with the enemy to surrender the fortress of surrender for Chiefs attracted the death penalty, and for ordinary - and punishment shpitsrutenami n revisited about every tenth by lot. Evaded military service nobles deprived estates, and individual tax-paying classes - exiled to Siberia with the preliminary ejection nostrils.

Serious crimes were considered not only an attack on the senior in rank or resistance to it, but the naked sword in the presence of the highest authorities of e robbery protected objects, threats or insults disobedience captains in the camp, scolding the high command in an informal setting, n e execute order "from laziness, stupidity or Slow e of "obscene Reviewed decrees disrespect to judges and other officials.

Officer applies to slave beatings or abuse could be l and shen rank, but "good" punishment. Officers were awarding state-owned properties or medium d soldier rations, waiting deprivation rank and link to the gallery or the death penalty. Crimes against military assets include "negligence" or gun outfit, minds w fief destruction, loss or damage of entrusted property. A criminal offense for unauthorized killing of prisoners, and assigning banners of banners and other warriors n SCIE crime.

5) Of the offenses against the person was heinous murder. Prospect for the premeditated murder of Stoa (eg, revenge) provided beheaded and set. For manslaughter year followed ecclesiastical penance for wipe in Lebanon fetus - whip and hard labor. Manslaughter (eg, in a fight) and shows nak trade execution, imprisonment, and a fine church repentance. Suicide is the shortage of office sneeze hands and big losses in war was seen as a crime. Envisaged as punishment for uch as ticipants duel.

6) Further differentiation received crimes against honor human dignity and the composition of insults narrowed nibble e ta in oral and written fo r max considered more seriously.

7) Among the crimes against the family and morality most ado b nym regulation differed adultery. Regarded as adultery and polygamy and elk. First we introduce the notion of prostitution. "Indecent women and girls" should be sent to forced labor. For bestiality and sodomy include corporal and zaniya nak.

8) The most serious property crime was robbery. It was followed by robbery and theft ("tatba" [18] ). By qualified types cr and Mrs. included: secret abduction of things from the church or from the holy places, and Ms. cr man with an ax to grind, stealing things from the master or mate, theft during a flood or fire. By stealing equated measurement kit and buyers, fraud, ting of appropriation of another's property. Considered as a serious crime and illegal s tenure.

9) Other crimes included:

a) forgery. Except as required Ulozhenie 1649 forgery, it includes writing documents distorted information and n e reflection of evidence;

b) "kormchestvo" - the illegal manufacture, sale and purchase of alcoholic beverages and tobacco;

c) conniving criminals, abuse and neglect e of official duties, disruption of management and the court order to have doproizvodstva;

d) bribery. For receiving "promises" officials lay d cruel punishment "on the body," nameless, defamation, removal from society of b or the death penalty.

d) profligacy privacy. For example, according to the decree of 1717 "in e likim fine" subject to those who wore jewelry from the new gold and silver.

4.7 Penalties

The main purpose of punishment was deterrence (general prevention). H and punishment executions, usually publicly (in Moscow - Red Square or the Swamp). About the impending executions widely notified and elk. Penalty was accomplished at the confluence of large masses of people. Corpses treasury n tion long remained on the place of execution or in part in any d exhibited tion places in the city, rushed to be devoured by dogs or buried in the presence of the executioner adult site. W convicted and optimum utilization of heavy-status jobs, they settled undeveloped land (especially for wasps - to the south and east of the country).

The general condition of punishment was wine. T always existed on tr e ments: "Better ten guilty forgive than punish one innocent" - has become a textbook. However, to protect the most important inter e owls and applied objective imputation (family members were subjected to repression of persons for serious offenses punishable). Used and SEL on Rugged responsibility (decimation), and the multiplicity of punishment.

Sanctions laws were uncertain or undecided regarding Mr. governmental specific penalties established by the court. View and punishment depended on the social status of the guilty.

Type of punishment, the most widespread death penalty t tion. If the Code of 1649, this species of punishment was in before looking into 60 cases, the Marking military in 1715 already - in 122, with half of them method of execution has not been defined. For the most serious crimes provided for in the legisla t qualified types penalty: the wheel, quartering, burning in the wooden house, drenched throat metal, n revisited on the hook for an edge. And then used other penalty, in particular as provided in the Cathedral stacked e SRI "okopanie in earth" husband killers, but replaced in 1689 by beheading. For simple types of death treated hanging, beheading, arkebuzirovanie (execution of a kebuzy p - n servicemen for BoE) [19].

Also widely used corporal punishment. As retribution, according to the principle of talion applied mutilation - PWA e waited part of the body who commit crimes (for blasphemy and insulting the king - seasoned and truncation language for a fight with a knife - ment samples and hands the same knife, cut off the hand of thieves, perjurers - fell s particle). To designate persons convicted of serious crimes, and whether they segments ears torn nostrils disparaged. Hallmarks burned on his forehead and cheeks, repeatedly rubbed gunpowder so that they remain visible to death.

The most serious of painful punishment was beating whip. Direct and widely varied beating with rods, Batog, whips, shpitsrutenami, cats, molts. The number of strokes in the law, as a rule, is not exactly determined and breakfast and hung on the discretion of the judges present at the execution, or military district and superiors.

Imprisonment was indefinite. Prisoners ("s sitting particles") were in bondage. Hand and leg irons ("cancer") is often supplemented or replaced I were stuck on the circuit blocks (to limit the ability to move, and hence - to escape).

Further developed shaming punishments Profos arrest (officer in the army, was in charge of maintaining the purity and executable e tion of penalties), getting slapped him in front of a company, the name of the gallows being killed, etc. Widely used deprivation of rank and dignity, the time Mr. tion reduction in rank demotion in rank and file, "strong rebuke" offic e ru wearing the lower ranks of arms on the parade ground. In addition to these penalties, to about torye attracted a "slight violation of honor", and applied "severely impaired ting honor" - defamation (by decree in 1700 - listing the guilty verdict of death t tion, on a chopping block and departures in eternal exile, later replaced behalf nailed to the gallows, a broken sword above his head and the ad "Rogue").

As an independent form of punishment, the death penalty is often replaced, and as a measure, combined with corporal punishment, confiscation of property, fines and other was a link. Exiled to the galleys or servitude (to a bargaining as galley - rowing boat) or to settle in remote areas for a period from one year to 10-15 years "to decree" or "h but on the real."

Fines, as an independent or additional measures and punishment n, defined as a specific amount, and in proportion to the amount of times the salary or the amount of damages. When you pay the fine and whether the perpetrator promise for forced labor.

Confiscation of the property was complete (usually the death penalty and link ve h tion) and time at which the nobility estates unsubscribe to the treasury.

4.8 Litigation Russia from ancient times to reforms of Peter the Great

"Every process in our ancient law in Moscow before the court and adversarial process was Cove (court)" [20]. Ancient Law (under the Russian Truth) is not yet known sufficiently clear distinction between criminal and civil proceedings, although, of course, some avenue of due process actions (such as persecution track, set by Russian Truth) could be applied only in criminal cases. In any case and in criminal and civil cases applied a relatively competing (guilty) the process by which the parties ravnopra to us and themselves are the engine of all the proceedings (even both sides in the process called by the plaintiffs). Victim himself to l wives was to prosecute the offender, and to attend to devising a tavleniem court on the evidence of his guilt and support his accusation in court. At trial, the parties were surrounded by their relatives and neighbors who were essentially their ness and kami.

Evidence in the trial were: recognition of the parties, the testimony of witnesses - "posluhov" (hearing of witnesses) and "kind of Cove" (witnesses), ordeals and oath.

Ordeal expressed in the form of a duel parties or witnesses on the field (ordeal), testing iron or water. By swearing Arr e Gali by lot as to the parties and witnesses.

The trial was oral. The court's decision - the verdict - in s worn also orally. The sentence was carried out in court cases Virnik as bailiffs.

General trend of development of procedural law and judicial practice in XV - XVII centuries there was a gradual increase in the proportion of Investigation in damage so-called "court", ie deputy e on the principle of adversarial investigation, the Inquisition and insulating.

"Investigation (investigation), which is an independent form of the process, and may even need to start on the initiative of the judiciary appears in Muscovy with the emergence of the labial constituent e firmed, whose duties included the pursuit of profes tional robbery and robbery" [21]. In its original form inquisition was not a process but a means of capture and punishment of people dashing. Over time, this category of persons were attributed not only ra s boynikov and robbers who were caught red-handed at the crime scene of e, but repeat offenders and people oblihovannyh community. Because of this, there was a need for a more detailed investigating cases of Vania by questioning the offender, if he did not commit such crimes before, and by investigation, not whether he has a reputation in the community dashing man, robber, burglar or thief. Thus detective - short procedure penalty dashing men - turned into an investigative process, which is based was initiated following direct e crimes in order of public prosecution. Labial established e of themselves to catch robbers syskivat about them and start a business, regardless of the appreciation of complainants and their desire to stop business world.

Time of investigation as an independent form of proce with self, hardly served the establishment. This can be explained by the fact that the appearance of it, as mentioned above, due to the appearance of the labial institutions, and the last, as we know, there is not united on temporarily on any constituent instrument, and were introduced gradually to post e charters that given one or the other No. of STI to petition the local population.

By Law in 1497 the process was characterized by the development of art forms and a swarm of so-called court, that is adversarial and the emergence of new forms of procedure - Investigation. When competing tion processes and business started on the complaint of the plaintiff, named petition. It is usually fed orally. Upon receipt of the petition to the judicial authority took steps to sending the defendant in court. Turnout defendant was provided sureties. If the defendant and to Kim in any way deviated from the court, he lost the case even without an alignment and ratelstva. Plaintiff in that case was issued so-called "extrajudicial charter". Failure to appear in court the plaintiff entailed dismissal.

Sudebnik recognized indisputable proof of the recognition of own hand. If the plaintiff refused all or part of the claim or the defendant admitted the claim, the evidence is not otherwise required.

Another type of evidence was the testimony. In contrast to the t of Russian Truth of Law recognized only one type of cert e teley - posluhov.

Evidence admitted and the "field" - a judicial duel. Victorious in battle was considered right, that is winning the case. Proi g ravshim not was admitted to a duel or escaped from it. On the "field" could stand for itself hireling.

As evidence began to use different kinds of documents d: treaty acts, formal ratification. Considered as proof of the oath.

Modern jurists concerned with stories about Mr. States concerned and law (eg, a professor OI Chistyakov) believe that the class struggle has given rise to a new form of process - investigation, ie investigative or inquisitorial process. Wanted used when considering the most serious criminal cases, including for political offenses. Its introduction was motivated by the desire not to find the truth as quickly and severely crack down on "daring" people. "Dashing" man - is, in general, not necessarily convicted criminal. This is only a person unreliable, ill-famed that "oblihov and whether" the "good" people, that is well-intentioned members obsches t wa.

Wanted different from the adversarial process that the court itself aroused, led and finished the case on its own initiative and SUP th considerably on your own. Defendant was rather an object of the process. The main way to "reveal the truth" when I wanted yavl familiarize torture.

Already Sobornoye Code of 1649 devotes ample space tracing, although preference is given to the court. It is this form is devoted to a huge e Chapter X, her concern and other heads. The law is still no clear distinction between criminal and civil process gras Well, although the beginning of their separation had already Laughter. one.

Civil and criminal cases are less important were considered in order indictment process, that is what is called in the Code Vaeth s court. The victim filed a judicial authority statement to set out the content of the torus (price action) and pointed residence on t matic. Judge clerk did the inscription on the statement, which then took on the form of the new document - addl ratification. Prospect and shutters diploma issued in the official judicial body - the bailiff, who was obliged to ensure the appearance of the defendant. Wor ing received in the letter, the defendant had to appear in court personally or find a guarantor who would be responsible for their property I ku defendant in court. Surety was documented record handrails. If the claimant refuses to appear in court, the bailiff had to catch him and bring him, and the judge had not let him go until until he put up sureties.

Hand, arrived in court, had to prove their I-ku in a statement. The defendant, who was not in court to three times, lost business. Plaintiff was issued by a judicial authority extrajudicial diploma for which he had no right to trial mp f Bova from the defendant or his surety compensation claim.

Before the trial the parties have the right to negotiate the claim. Defendant could not recognize the price and satisfy his claim, and the case is over. Ulozhenie grantor of t water the judge or clerk, ie clerk of the court, if there were grounds for that. Parties were required to participate in the end with at Dabney proceedings, after which signed Minutes of the meeting of the Prospect. The first type of evidence for claims and Malova Well nym criminal cases was the sign of the cross and of tselov.

The second kind of evidence was the testimony of witnesses. Susches t Vova and this kind of evidence, as a general reference or general truth, when both parties have referred to the same witness or cargo n ny one and the ones witnesses uslovlivayas that their testimony will be crucial to the case. The person or persons cited by the Party were to be witnesses of the facts about which they testify and there.

In adversarial proceedings were of great importance such evidence as a reference of the guilty, and general reference. When you link to and from Novato hand referred to a group of witnesses, pointing out that if one of the witnesses will testify contrary assertion at t parties, or point your ignorance about this in the millet, then that party automatically loses the case. With general reference both sides relied on one witness, and agreed Yas that his testimony will be crucial to the case.

Search as a form of evidence is the question of devious people about the controversial circumstances of the case. Parties should not have been present during the search, thereby not affect the people polled and Vai. The survey was conducted by a person called a detective. Pook and zaniya devious people gave under oath, recorded and attachment I were their signature. Besides the usual and used a general search, then there is a massive survey of the population, sometimes over a hundred people. In the case of all adults surveyed who knows who saw who heard who suggests anything, etc. The results of general search podschit s valis, and the party that received more answers in her favor, won the case.

Very substantial evidence views were written proof s properties, legalized Code of 1649 year.

In lawsuits smaller than the ruble used this kind of evidence, such as the lot.

After exhausting all kinds of parties evidence compiled l smiling trial list, then there is a protocol of the trial, and then passed to the further procedural step, which ended and familiarize sentence or completion.

Besides the usual judicial process, mainly gras w civil lawsuits Ulozhenie knows another form of process - search or inquisition based on investigative basis. This type of process is mainly devoted to the Legal Code Chapter XXI "About robbery and Tatina d e Lah." It is regulated in detail the fight against looting, robbery and theft, which used special methods of investigation - spying. Inquisition was also used for political affairs, directed against the foundations of direct tsarist regime.

Political affairs and property crimes excited w gave not only the aggrieved party, but they themselves judicial and administrative authorities.

The main types of search, except the testimony of witnesses, relative to silsya also a general search. It is usually performed servicemen people labial and provincial huts. They questioned people all parish or lips province. In this testimony not only going to those who saw it myself, but those who have heard, who assumed anything about the case p zyska.

The information collected, if unanimity gave grounds to qualify a person as a defendant, or "oblihovannogo." T a man who put then on torture, during which he or straight, and had known his guilt or deny it. The latter does not affect the adjudication of punishment that has already determined the result of n rampart search. As a rule, the perpetrators were sentenced to death or imprisonment for using different kinds of corporal punishment te.

MF -Vladimir Budanov believed that "to Peter the Great in general need to recognize more competitive forms of the process in general I tribution, and investigation - except" [22]. different view COME ALIVE p SV YUSHKOV. He believed that at this time only "less wa w ITATION criminal and civil cases... considered order of the Prosecutor s tion process, ie the so-called trial " [23] . Went further MA Cheltsov, saying "the last remnants of adversarial proce with ca (old "Court") " [24], which, according to him, disappearing under Peter I. Ulozhenie analysis shows that the truth lies somewhere in between. Peter wanted to not be considered more domination w ing form of the process, but should not be considered exceptions.

4.9 Litigation in the era Peter I

Procedural, like everything else, the legislation Peter Pe p Vеgе different inconsistent and contradictory. However, it should be noted that the procedural law in this lane and one made ??a big step forward. Suffice it to say that for the first time in history with py tion law was created Procedure, although with n e as limited scope. "Quick Preview processes or litigation" and Marking military were generally ne p Vym codification acts in Russian lawmakers stve s.

For all the novelty it was Peter's legislation l tegic development of the processes that took place in Russian law to Peter.

As already mentioned above, the tendency to replace court determined tracing intensification of the class struggle that follows inevitably from the general development of feudalism. The transition to the highest and last stage of feudalism, absolutism, due in Russia in the first place enormous scale peasant uprisings, accompanied Streit m leniem ruling class to the most ruthless terror and Statistical forms of suppressing the resistance of the toiling masses. In this case, not the last role and judicial repression.

The court was called to be quick and decisive tool in the hands of the state to prevent any kind of attempts to violate establish order in lenny. From the judicial authorities were required to p e came acquainted not so much to the elucidation of truth as to intimidate. In this regard, for the state was more important sometimes to punish or innocence of the first than in general no one to punish, because the main purpose of pre-general at prezhdenie ('that others do not steal so povadno'). This back and cham m regulations and meet the procedural s No. epoch of Peter I.

Tightening repression inherent transition to absolutism, reflected in procedural law. increasing the penalty for so-called "procedural crime": for perjury, perjury now introduced the death penalty, "customary law decoration lation Peter" [25] According to VO Kliuchevskoi.

At the beginning of his reign, Peter makes a decisive types of mouth toward investigation. He decided to abolish an adversarial process, negate the activity of both parties in the process, so that the main character is played judge. Nominal decree February 21 1697goda "On abolition in dispensations affairs confrontations, instead of being the add rasprosov and roses s ckv, of witnesses, the disqualification of these, on oath, of the punishment lzhesvidet e lei and duty-money" completely canceled an adversarial process with the replacement it in all cases the process of investigating, SNCR and positional. By itself, a decree 21 February 1697 does not create a prince and a fundamentally new forms of process. It uses already known, established to prot I zhenii centuries, in the words of MF Vladimir-Budanov, "Moscow" s shape roses ska.

The law is very brief, it offers only the basic printsipial ITATION s position. Consequently, he did not replace the previous stances of Legislative and tracing, but rather intended to be used in well w tion limits. This is clearly evident from the decree March 16, 1967, edition of the first and in addition the development of the February March decree decree of gov rit "and that articles in the Code belong to search and search for items still" [26].

Decree of 21 February primarily proclaims the abolition of courts and h tion rates (Article 1: "A place in the courts and confrontations on petition of all ranks of people with insults and ruin repair wanted..."). On trial here means the preferred form of the process, wearing a controversial x rakter. Concept of confrontation has a meaning different from the modern. This is not the kind of evidence, and a special form of process, intermediate between the court and retrieval. Originally confrontations were different about the visibility of the court, its simplified form. Parties were set to face each other before a judge and argued their case. But over time, the judge ceases to be a passive arbiter and free parties dispute turns in their questioning. Thus, Decree 21 February 1697 cancels not only controversial, but also form polusostyazatelnuyu process. Since the legislation of the XVII century still knows no division on the criminal and civil process, it should be noted that the abolition of competition concerns not only criminal, but also civil cases.

Lawmaker seeks to explain the necessity of reform would boron s abuse of procedural rights by the cord at ing. KD Cavelin inclined to admit the truth of this explanation: "Seeing the miserable state of justice, due Yabed, portages and baa with numerical falsehoods litigants, Peter understood that verbal sudoproizvods t in - court and confrontations brought evil, giving whole process in the power of the litigants and those opening the field of their activity. It seemed to him the best means against arbitrariness and litigants subordinate thread their self development process control judges who are already in rank should be the guardians of the rights of justice " [27].

The logic is quite peculiar: the parties to the abuse is not used Lyali their procedural rights, it is necessary to deprive them of any rights, just as it is possible to save people from diseases, killing him.

The word "search" (and its synonym "spying") in the XVII century was the cue point I FEB. On the one hand, it meant the truth, is investigating the circumstances of the tion. Hence, the wording in the law: "syschetsya to direct (to be established for certain)," according to inquest "(by investigating the case and Research Institute)," all sorts of spying syskivti firmly "(investigate all ways), etc. On the other hand, under the tracing, or detective work, understood and malas special form of legal proceedings, the investigative process is straight on.

The decree of 21 February 1697 meant the second meaning of the word "search." Investigative process is introduced for all businesses, as yr of conventionally and civilian. In accordance with the legal tradition of the XVII century in law first given a sample list of offenses, tracing parsed, and then generalization disseminates Deiss t Vie standards to all cases.

Cancel controversial forms could not, obviously, be stopr on percentage. The Act provided no public driving method d e la peculiar investigation process, and private - to chelobi t tion (Article 1: "petition by all ranks of people...").

Canceling the whole court, the law could not refuse and yet here from individual institutions typical of this form of. The Decree of beef ritsya essentially the so-called general reference known C Bourne Ulozhenie (item. 168-172 Ch. X) and applied in a relatively adversarial process. If both parties refer to the same communication and deteley, recognizes the crucial evidence for the case. (Article 2: "Who is the plaintiff witnesses will send all ranks of people for one person or two or more, and the defendant on those people send the same on all bezotvodno or send them on a train people: those customs certificate and e lei against references to interrogate prikazeh in front of the judges really.... and administer those things for svidetelevoy tale "). However, the emergence of a general reference to the court was an expression of the formalization process, the trend towards a formal evaluation of evidence, and the inherent justice, and search, but it reaches its peak in sleds t Venn process.

Decree introduces new features for formal evaluation and proof ments, allowing removal of witnesses. The reason for the withdrawal is recognized hostility between the witness and the defendant. The court is obliged to check the availability of this enmity. The best proof of this law considers litigation between the witness and the defendant, taking place in any order (Article 3: "... and his petition defendants witness to it in which order...").

It should be noted that the decree of February 21, 1697 before the withdrawal of the witnesses have regarded only defendant. Hence it is clear that the law does not imply any possibility of putting witnesses defendant, otherwise there was a question of their disqualification by the plaintiff. Thus, the rights of the plaintiff and the defendant unequal.

In the absence of witnesses have to resort to such a proof of suspiciousness as a church oath - leading to faith. Due to the specifics of this type of evidence needed to private parties involved in the oath ("we have faith"). The decree said that the cross should kiss only the defendant, but "not detem and its th sors and lyudem them."

The oath shall not in court, and in the church. It leads to not have a referee, and the priest. The priest is thus obliged to instruct swear, warn about the great sin that takes your soul klyatvopr e criminal.

Decree introduces death penalty for perjury. (Article 10: "A bude same witness who says in the certificate is false, and about smiling sysche t w: and for his false testimony to execute death train").

Decree for the first time introduces the term "witness", replacing the still te r mine "posluh" and even earlier - "Vidocq".

Canceling confrontations, the state increased state revenue (at enormous cost to reform it was very minute and FTC), because for them were not taken before court fees. Since all cases go tracing, then duties levied on all, or rather, with all those losers business.

The decree sets the limits of the law in time. Retroactivity he, like every procedural law, had no explicitly stated, but applied to unfinished business, including ne resmatrivaemym virtue of appeal (Article 14: "A kotoryya sudnyya case and ochnyya bid to this decree, Sovereign prikazeh gorodeh and traps, and after completion of those cases the dispute over NFS number was not: and so be as they doeth: but not on nevershennyh and kotoryya vershennyya case petition brought to this sovereign decree, and in those cases the sovereign of Great according to this decree to repair his train and convent of Great gov't decree tracing "). To solving cases to apply the principles establish in lenny in Russian law still Ulozhenie Chapter X, - res judicata pro veriata habetur. Introduction of a new form of the process I do not yavl elk grounds for rev t ra solved cases.

Decree of 21 February 1697 has been supplemented and developed a "brief on the mapping of processes or litigation." "Quick Preview processes..." based on the principles of the decree in 1697, develops them in relation to military justice, military proceedings yavl I Yas so special law relative to the total z and stake.

In its procedural aspect of this document is a special law in relation to the decree of 21 February 1697 Decree establishes the general principles of investigative process, which, according to FI Kalinycheva, used in military courts in the tenth century VII (Criminal Matters) [28]. "Quick image..." - on a military-Procedure.

He brings significant new forms and institutions protsessual s tion law of Russia. These innovations to some extent stem from Western sources, which were used by the drafters of the Russian military laws, but they are reflected and the level of socio-political and legal development of the Russian made it to the top of the XVIII century, the further development of absolutism.

However, as "quick image..." had limitations n ing scope and because it was just a brief, one can say that the Conciliar The Code in respect of the investigative process, completely lost power.