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LEGAL AND ECONOMICAL SOURCES FOR THE HISTORY OF RUS AND RUSSIA

Apart from extraordinarily rich and thorough fictional, political and spiritual literature, there is yet another group, and no less richer, of historical documents related to the political and administrative institutes, as well as economic activities. They go back to the birchbark letters dated as early as the 9th century; these letters are of a great historic importance, especially in the studies on the economic relations. Later came the first political, legal and trade documents - mainly Russo-Byzantine treaties concluded by Oleg, Igor and Svyatoslav in 911, 944 and 971. The texts of those treaties can be found in the Tale of Bygone Years; most likely they were incorporated there somewhere in the beginning of the 12th century. Next came the period of the whole series of various treaties and regulations, domestic and international, concluded between the princes and their

neighbours or the Church. Novgorod and Pskov, economically the strongest fiefdoms in the years of the feudal particularism, conducted animated trade with the West, and concluded treaties with the Hansa, Sweden and the Livonian Knights. As Moscow grew in power, also grew the circle of its political interests; then started the grand politics, and correspondence and pacting was endless. Domestic affairs were dominated by the correspondence related to the National Assembly (Zemsky Sobor), for first time summoned in 1550, materials concerning state offices, and especially the establishment of the Legislative Assembly (Boyar Duma), as well as rulers' decrees. As early as in the 11th century was created one of the oldest and most important monuments of the Russian and Slavic law, the famous Russian Truth, a priceless source of information about the social constitution, legal relations, courts and punishments, as well as the system of heritage. The Russian Truth for the first time sorted, codified and enforced previously very different habits, having simultaneously bound them with the basic predicaments of the princely power. The Russian Truth like a mirror reflects the whole character of the contemporary relations, and more and more growing role of exploitation of the dependent peasant folk.
The Russian Truth has survived in several versions, short and long, which had been copied as early as since the 13th century. The first of them was discovered in 1738, and its first printed issue was published in 1767. Individual versions may have their own subdivisions; experts have been studying them and analysing them for more than 200 years now, and as of today a rich literature concerning this subject is available.
The Russian Truth has left a great influence on the Russian law, especially the laws of Pskov and Novgorod, and later also on the Law Code (Sudebnik) of Ivan III and the whole Muscovite legal system beginning from 1497. Consolidation of the strong centralized state and the autocratic system brought numerous changes and the necessity of legal reforms. This way it came to the emergence of the Law Code (Tsarsky Sudebnik) of Ivan IV in 1550, and the Legal Code, so-called Sobornoye Ulozheniye, of czar Alexei in 1649. It was not until 1830, namely almost two hundred years later, that Russia saw a legal reform of such dimensions again. Within that period there was issued a multitude of legal acts concerning all the spheres of the human activities, including army, education, civil law and criminal law. It is also proper to mention separately the monuments of the ecclesiastic laws, and especially the canon acts of the councils.
First decrees of the ecclesiastic law came to Rus from Byzantium, where as early as at the end of the 6th century there were issued so-called nomokanons - collections of ecclesiastic rules, often reflecting decisions of the secular, imperial, administration concerning the Church constitution. So, in the nomokanons one can find texts of resolutions

of all the universal councils, sometimes also diocesan and provincial councils - so-called apostolic letters - as well as, historically very vague, patriarchal ecclesiastical decrees.  In Rus nomokanons, known as kormchiye knigi, followed the Greek pattern. A great number of nomokanons has survived, especially ones going back to the period before and including the 16th century, partly as translations of the Greek, Bulgarian or Serbian nomokanons with numerous own amendments, as well as with fragments of the texts taken from secular documents, for example from the aforementioned Russian Truth.

Among other secular documents of specific legal or political importance it is worth to mention wills of the rulers and electoral documents - twice in the history of Russia, in 1598 and 1613, czars were elected to the throne by the Zemsky Sobor. Parallel to the formation of the centralized Russian state developed administrative and economical documentation, bigger and bigger, and concerning of ever broader range of new issues regarding lands, social classes and spheres of human activities. Since the 15th century the circulation of the documentation was controlled by central offices, so-called prikazy. Their written documents reflect the long process of enslavement of the free population. As the bureaucracy grew, both central and provincial, also grew the importance of the class of what nowadays would be called state officials. They had a lot of work, especially with endless censuses and inventories, which were needed for taxation or military purposes, not to mention other important reasons. Therefore, it is easy to understand how important to the state administration were their ledgers, or so-called pistsovyie knigi, which had been dated since the end of the 15th century. Those ledgers contain incredibly detailed inventories of provinces and cities, villages and even smallest hamlets, arable lands, meadows, pastures, forests, dwellings, facilities, markets, workshops, and even... temples. No lesser is the importance of the army ledgers, or so-called razryadnyie knigi, dated since the 16th century. They contain not only statistical data concerning the size of the army and its weapons, but also shed the light on some questions of the military organization, art of war, and foreign policy. And when it comes to the foreign policy, it is worth to mention ever bigger documentation accompanying animation of the diplomatic contacts with the outer world. Envoys were receiving instructions and compiling reports, while political events were reflected in appropriate protocols.

M. Arushev

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                       21/02/05 11:57:07

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