Особенности становления и развития системы правосудия в Древней Руси (IX – XII вв.)

Вестник Российской правовой академии. 2020. № 2. С. 5–11.

Аверин М. Б., Бабенко В. Н.

The relevance of the scientific problem of studying the organization of the court and legal proceedings of Ancient Russia is caused by the need to ana- lyze these institutions in the context of the general development of society and the ancient Russian state. As the latter evolved, there was a gradual develop- ment of the justice system, which at an early stage still retained to a large ex- tent the features of the organization for the resolution of social conflicts that existed under the Gentile system. However, class stratification and changes in economic conditions required the consolidation of the foundations of the ju- dicial system and legal proceedings in normative legal acts. The subject of re- search is the legal basis of organization and functioning of the justice system of the Ancient Russian state in the 9th–12th centuries. The purpose of the research is to identify the peculiarities of legal regulation of organization and activities of the court during the period under review, and establishment of the stages of development of the justice system in the period under review. The methodology of the work consists of comparative legal and historical legal methods. The study concluded that at the first stage of its development, in the second half of the 9th – the first half of the 10th century, in court and legal proceedings, extremely archa- ic norms still prevailed, characteristic of the final stage of the Gentile system. Fur- ther, the second half of the 10th century becomes a transitional period, and from the beginning of the 11th century the strengthening of the legislative activity of the princes begins, the Brief and Extensive editions of the Russkaya Pravda regu- late in detail the legal proceedings, the number and importance of officials par- ticipating in the trial and execution of decisions is growing. The materials of the article deserve the attention of specialists in the field of state and law history.

Keywords: Древняя Русь, Ancient Russia, правовой обычай, justice, судопроизводство, судоустройство, Russkaya Pravda, Русская Правда, legal proceedings, judicial system, legal customs