Конкуренция правовых норм в Русской Церкви X—XIII вв.? Десятина и виры

Электронный научно-образовательный журнал "История". 2023. Т. 14. № 6 (128).

Vinogradov A.

The article discusses two key differences between pre-Mongol Rus’ and Byzantium inthe field of church legal institutions. The author shows that the introduction of tithesfrom princely incomes instead of fixed payments for the churches was provoked by theabsence of the Greek hierarchy in Russia at the moment of the consecration of the KievTithe Cathedral in 995–996, as well as by only partially monetary nature of the OldRussian economy and the general crisis of the Byzantine model of financial support forthe Church. However, it was part of civil legislation and did not contradicted Byzantinecanon law. However, the practice of monetary penalties for sins introduced by YaroslavVladimirovich directly contradicted not only the canons of the Eastern Church, but alsothe essence of its law. They were introduced to make it easier for newly baptized Russiato adopt the norms of Christian morality by likening punishments for its violations tomonetary penalties for civil crimes, which also distinguished the legal system of OldRus’ (as well as Northern Europe) from the Greco-Roman one.

Keywords: Древняя Русь, церковное право, десятина, вира