Russka Pravda
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The ''Russkaya Pravda'' (Rus' Justice, Rus' Truth, or Russian Justice; orv, Правда роусьскаꙗ, ''Pravda Rusĭskaya'' (13th century, 1280), Правда Руськая, ''Pravda Rus'kaya'' (second half of the 15th century); russian: Русская правда, ''Russkaya Pravda''; uk, Руська Правда, ) was the
legal code A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the cod ...
of Kievan Rus' and the subsequent Rus' principalities during the times of
feudal Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in Middle Ages, medieval Europe between the 9th and 15th centuries. Broadly defined, it was a wa ...
division. It was written at the beginning of the 12th century and remade during many centuries. The basis of the ''Russkaya Pravda'', Pravda of
Yaroslav Yaroslav () is a Slavic peoples, Slavic given name. Its variant spelling is Jaroslav and Iaroslav, and its feminine form is Yaroslava. The surname derived from the name is Yaroslavsky (disambiguation), Yaroslavsky and its variants. All may refer to: ...
was written at the beginning of the 11th century. The ''Russkaya Pravda'' was a main source of Old Rus' Law. In spite of great influence of Byzantine legislation on the contemporary world, and in spite of great cultural and commercial ties between
Byzantium Byzantium () or Byzantion ( grc, Βυζάντιον) was an ancient Greek city in classical antiquity that became known as Constantinople in late antiquity and Istanbul today. The Greek name ''Byzantion'' and its Latinization ''Byzantium'' cont ...
and Kievan Rus', the ''Russkaya Pravda'' bore no similarity whatsoever to that of the Byzantine Empire. The absence of
capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used f ...
and corporal punishment rather reflects Norse jurisprudence.


Editions

Three recensions of ''Russkaya Pravda'' are known: the Short Edition (''Kratkaya''), the Extensive Edition (''Prostrannaya''), and the Abridged Edition (''Sokrashchyonnaya''). Over 110 extant copies dating from the 13th to the 18th centuries are preserved, included in various manuscripts: chronicles and compilations. Of these, over 100 copies, including the oldest preserved, are of the Extensive Edition. This code was discovered by the historian
Vasily Tatischev Vasily Nikitich Tatishchev (russian: Васи́лий Ники́тич Тати́щев) (19 April 1686 – 15 July 1750) was a prominent Russian Imperial statesman, historian, philosopher, and ethnographer, best remembered as the author of the ...
in the text of one of the
Novgorod Veliky Novgorod ( rus, links=no, Великий Новгород, t=Great Newtown, p=vʲɪˈlʲikʲɪj ˈnovɡərət), also known as just Novgorod (), is the largest city and administrative centre of Novgorod Oblast, Russia. It is one of the ol ...
chronicles and brought to the attention of the Russian Academy of Sciences in 1738. The first commented edition of the text was published by August Ludwig von Schlözer in 1767.


Genesis and evolution

''Pravda Rus'skaya''’s legal regulations reflected the evolution of the social relations in the Rus' of the 11th-13th centuries. Common law,
Knyaz , or ( Old Church Slavonic: Кнѧзь) is a historical Slavic title, used both as a royal and noble title in different times of history and different ancient Slavic lands. It is usually translated into English as prince or duke, dependi ...
legislation, and legal proceedings represented the basis of “RP”. The Short Edition of ''Rus' Justice'' contains two apparently distinct parts, called by researchers ''Pravda Yaroslava'' (''Yaroslav’s Law'', ca. 1017), otherwise known as ''Drevneyshaya Pravda'' (the Oldest Justice) of Yaroslav the Wise, and ''Pravda Yaroslavichey'' (''The Law by Yaroslav’s sons'', ca. 1054). Some indicate other distinct components of the text, possibly added later. The ''Yaroslav’s Law'' comprised legal regulations of feudal law along with the archaic regulations that could be traced back to the primitive communal system. According to a popular theory, it was promulgated in order to settle a conflict between Konstantin Dobrynich, a posadnik of
Novgorod Veliky Novgorod ( rus, links=no, Великий Новгород, t=Great Newtown, p=vʲɪˈlʲikʲɪj ˈnovɡərət), also known as just Novgorod (), is the largest city and administrative centre of Novgorod Oblast, Russia. It is one of the ol ...
, and the Varangian population of the city. Subsequent development and improvement of the ''Rus' Justice'' took place in times of Yaroslav's sons and his grandson Vladimir Monomakh. New provisions are believed to have been added to ''Pravda Rus'skaya'' after the revolts in
Kiev Kyiv, also spelled Kiev, is the capital and most populous city of Ukraine. It is in north-central Ukraine along the Dnieper, Dnieper River. As of 1 January 2021, its population was 2,962,180, making Kyiv the List of European cities by populat ...
,
Novgorod Veliky Novgorod ( rus, links=no, Великий Новгород, t=Great Newtown, p=vʲɪˈlʲikʲɪj ˈnovɡərət), also known as just Novgorod (), is the largest city and administrative centre of Novgorod Oblast, Russia. It is one of the ol ...
, and Rostov-
Suzdal Suzdal ( rus, Суздаль, p=ˈsuzdəlʲ) is a town that serves as the administrative center of Suzdalsky District in Vladimir Oblast, Russia, which is located on the Kamenka River, north of the city of Vladimir. Vladimir is the admin ...
province in 1068–1071. In the arising Russian state, the ''Pravda Rus'skaya'' was replaced in 1497 by the ''
Sudebnik The Sudebnik of 1497 (''Судебник 1497 года'' in Russian language, Russian, or Civil code, Code of Law) was a collection of laws introduced by Ivan III in 1497. It played a big part in the centralisation of the Russian Sovereign state, ...
'', the Code of Law. Several centuries earlier, new legal codes were promulgated in
Pskov Pskov ( rus, Псков, a=pskov-ru.ogg, p=pskof; see also names in other languages) is a city in northwestern Russia and the administrative center of Pskov Oblast, located about east of the Estonian border, on the Velikaya River. Population ...
and
Novgorod Veliky Novgorod ( rus, links=no, Великий Новгород, t=Great Newtown, p=vʲɪˈlʲikʲɪj ˈnovɡərət), also known as just Novgorod (), is the largest city and administrative centre of Novgorod Oblast, Russia. It is one of the ol ...
.


Institutions

''“Pravda Yaroslavichey”'' increased responsibility of a given community for killing
knyaz , or ( Old Church Slavonic: Кнѧзь) is a historical Slavic title, used both as a royal and noble title in different times of history and different ancient Slavic lands. It is usually translated into English as prince or duke, dependi ...
’es soldiers, (“”, a privileged servant of knyazs or boyars), starostas (“
starosta The starosta or starost (Cyrillic: ''старост/а'', Latin: ''capitaneus'', german: link=no, Starost, Hauptmann) is a term of Slavic origin denoting a community elder whose role was to administer the assets of a clan or family estates. Th ...
”, a representative from the low-ranking administration of a knyaz), (“”, a low-ranking soldier in the army of a knyaz) and other servants on their own territory. “Pravda Yaroslavichey” provided severe punishment for
arson Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...
, deliberate cattle mutilation, and collective encroachment on rich people's property. After the 1113 Riot in Kiev, an exorbitant interest law was introduced that limited financial operations of moneylenders. The Pravda stabilized the system of feudal relations and social inequality. During 11th-13th centuries it made new laws for the
smerd A smerd ( orv, смердъ) was a free peasant and later a feudal-dependent serf in the medieval Slavic states of East Europe. Sources from the 11th and 12th centuries (such as the 12th-century ''Russkaya Pravda'') mention their presence in K ...
s (“smerd” – a feudal-dependent peasant), (“” - a feudal-dependent peasant, who could become free after paying off his “”, a feudal loan), (“” – a feudal-dependent peasant, who could be killed or sold like a slave) etc. The Vast Edition of Pravda contains special regulations regarding the status of and . It also reflects the role of the court of knyaz’, by increasing and giving various forms of punishment and penalties. It instituted fines that benefited the knyaz’ or his administration with diminished compensation to the victims. In an attempt to abolish the blood feud (that was quite common at that time), the Pravda narrowed its “usage” and limited the number of
avenger Avenger, Avengers, The Avenger, or The Avengers may refer to: Arts and entertainment In the Marvel Comics universe * Avengers (comics), a team of superheroes ** Avengers (Marvel Cinematic Universe), a central team of protagonist superheroes o ...
s to the closest relatives of the dead. If there were no avengers on the victim's side, the killer had to pay a
fine Fine may refer to: Characters * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (penalty), money to be paid as punishment for an offe ...
(called “vyra”) in favour of the knyaz’ and partial compensation to the relatives of the victim (the killer's community had to help him pay his fine). If a woman was killed, one would have to pay half of the regular fine (called “poluvir’ye”, half of “vyra”). The Pravda also protected the health and honor of the free members of the feudal society and provided financial compensation for mutilation or insult by word or deed. The Pravda had a comprehensive system of punishments and penalties for larceny in a city or countryside, deliberate damage to forests, hunting grounds or lands, trespassing etc. It also regulated debt between individuals and contained articles of liability and
hereditary Heredity, also called inheritance or biological inheritance, is the passing on of traits from parents to their offspring; either through asexual reproduction or sexual reproduction, the offspring cells or organisms acquire the genetic inform ...
law. The Pravda made use of witnesses, oaths and of the trial by water or iron, a kind of a last-resort test used to prove defendant's innocence or guilt in legal proceedings. The legal process also included testimony witnesses,
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
, collecting or hot pursuit. Investigators had to check for false accusations, as well. These were the first steps towards
forensic science Forensic science, also known as criminalistics, is the application of science to criminal and civil laws, mainly—on the criminal side—during criminal investigation, as governed by the legal standards of admissible evidence and criminal ...
.


Excerpts


From the Extensive Edition

''(based on a 15th-centur
Troitzky manuscript
'' 1. If a man kills a man: then a brother avenges a brother, or a son avenges a father, or a cousin, or a nephew; if no one takes revenge, then 80 grivnas for the murdered, if he is a
knyaz , or ( Old Church Slavonic: Кнѧзь) is a historical Slavic title, used both as a royal and noble title in different times of history and different ancient Slavic lands. It is usually translated into English as prince or duke, dependi ...
’s man or knyaz's official; if he is a rusin, or a grid' ''(a lower-ranking druzhinnik)'', or a merchant, or a
boyar A boyar or bolyar was a member of the highest rank of the Feudalism, feudal nobility in many Eastern European states, including Kievan Rus', Bulgarian Empire, Bulgaria, Russian nobility, Russia, Boyars of Moldavia and Wallachia, Wallachia and ...
’s official, or a ''(swordsman)'', or an exile, or a slovenin ''(Novgorodian)'', then 40 grivnas for the murdered. 1. Убьет муж мужа, то мстит брат за брата, или сын за отца, или двоюродный брат, или племянник; если не будет никто мстить, то 80 гривен за убитого, если будет княжеский муж или княжеский управитель; если будет русин, или гридь, или купец, или боярский управитель, или мечник, или изгой, или словенин, то 40 гривен за убитого. 2. After
Yaroslav Yaroslav () is a Slavic peoples, Slavic given name. Its variant spelling is Jaroslav and Iaroslav, and its feminine form is Yaroslava. The surname derived from the name is Yaroslavsky (disambiguation), Yaroslavsky and its variants. All may refer to: ...
’s death there was another meeting between his sons Izyaslav, Svyatoslav and
Vsevolod Vsevolod or Wsewolod (russian: Все́волод ; uk, Все́волод ) is a Slavic male first name. Its etymology is from Slavic roots 'vse' (all) and 'volodeti' (to rule) and means 'lord-of-everything/everybody', (similar to another princ ...
, and their men Kosnyachko, Pereneg, Nikofor, and they changed the blood revenge for a fine; and the rest of his sons asserted as Yaroslav judged. On murder... 3. If anyone murders a man in a rampage, and the villain is not being sought, then the community where the victim's head lies pays a vyra ''(fee to the knyaz)'' of 80 grivnas; or be he a commoner, then 40 grivnas ''(note: this was a fortune; a horse cost two grivnas, and a serf 1/2 grivna)''. 4. Whichever community pays the common vyra ''(i.e. the fee for the murderer they're hiding or cannot find)'', several years they shall have to pay that, as the members are paying without the murderer. But if the murderer is known to the community, they shall help him with the payments; but only pay up to 40 grivnas, and the murderer pays the rest, and also contributes to his community's 40 grivnas. Or if he murdered by accident, or at a feast, he shall pay thus. Thus shall be on the guilt of rampage. 5. If there be a murder and robbery with no reason, then people shall not pay for the murderer, but give him up with his wife and children, and his property will be plundered. 6. If a person does not contribute to the vyra, then the people shall not help him ''(in the future)''; he shall pay for himself. 7. And such is the law for Yaroslav's vyra collector: the vyra collector takes 7 buckets of hops per week, also sheep or a meat carcass or 2 nogata ''(1 nogata = 1/20th of grivna)''; and on a Wednesday cheese and a marten pelt; and the same on Friday; and give him two chickens per day; and seven breads per week; and seven measures of grain; and seven measures of peas; and seven measures of salt; this for a vyra collector with a man; and for him 4 horses, which be given a measure of oats; for vyra collector 8 grivnas and 10 kunas in fees, and for the pageboy 12 squirrel pelts; and a grivna when he goes away, and for each victim 3 grivnas. (...) Of knyaz's man 9. If he be a boy, a stableboy, or a cook, then 40 grivnas 10. And for a caretaker, or a horse trainer, 80 grivnas 11. But for a village supervisor, or the field work supervisor, 12 grivnas. And for a serf, 5 grivnas. Same for boyar's. 12. And for a tradesman and a tradeswoman, 12 grivnas. 13. And for a serf, 5 grivnas; for serf woman, 6 grivnas. 14. And for a teacher, 12, same for a nanny, whether they be serfs or women. (...) 17. And if one is accused of murder, but there are no acceptable witnesses, there shall be trial by iron. Thus shall be done for all grievances or thievery, if the accuser cannot provide proof, and the grievance is for less than half of gold grivna, then give him a trial by iron in captivity; if the grievance is for less than that, but more than two silver grivnas, then trial by water; if it is even less, then he must make an oath. (...) The Law of Vladimir I of Kiev 48. Volodimer Vsevolodich, upon Svyatopolk’s death, gathered his druzhina at Berestov: Ratibor of
Kiev Kyiv, also spelled Kiev, is the capital and most populous city of Ukraine. It is in north-central Ukraine along the Dnieper, Dnieper River. As of 1 January 2021, its population was 2,962,180, making Kyiv the List of European cities by populat ...
the general; Prokopiy of Belgorod the general; Stanislav of Pereyaslavl the general; Nazhir; Miroslav; Ivanok son of Chudin
boyar A boyar or bolyar was a member of the highest rank of the Feudalism, feudal nobility in many Eastern European states, including Kievan Rus', Bulgarian Empire, Bulgaria, Russian nobility, Russia, Boyars of Moldavia and Wallachia, Wallachia and ...
of Oleg; and they set thus: to collect interest only until the third payment, if the lender takes the payments “in threes” ''(three payments of one half the debt each)''; if one takes from the debtor two shares, he can ask for the full debt then; but if he collected three shares, then will not ask for the full sum. 49. And if one takes from the debtor 10 marten pelts per year on each grivna ''(20% APR)'', that is allowed. (...) If a debtor escapes 52. If a debtor escapes from master, then a serf; but if he goes to search for money with his master's permission, or goes to the knyaz with a complaint against his master, then won’t be made a serf, but be given a trial. (...) On debtors 57. If a debtor steals something, the master is in his right; when the debtor is caught the master may reimburse the victim for his horse or whatever else, and makes the debtor his serf; or if the master does not want to reimburse, then he may sell his debtor into serfdom, and reimburse the victim from that, and keep the rest. (...) On witnesses 59. A serf may not be a witness; but if there are no free witnesses, then a serf caretaker may bear witness, but any others may not. And for minor cases a debtor may be a witness. (...) 65. If one violates land borders, or works somebody else's land, or puts a fence on somebody else's land, then he’ll pay 12 grivnas to the knyaz. 69. And if he steels bees, then 3 grivnas to the knyaz; and for the honey, if the beehive was full, 10 marten pelts to the victim; but if an empty hive then 5 marten pelts. On serfs 71. If a serf tortures a serf without orders from the knyaz, then pays 3 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering. 72. But if he tortures a knyaz's man, then 12 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering. (...) On barns 79. If a barn is burned, then the victim's house and property is plundered, after the damage is repaid, and for the rest he’ll be a serf to the knyaz; same for burning of houses. 80. And if one intentionally cuts a horse or other cattle, then he’ll pay 12 grivnas to the knyaz, and also repay the victim for the damages. (...) If a serf dies 85. If a serf dies, then his property goes to the knyaz; if he has unmarried daughters then some of the property will be given to them for dowry; if all his daughters are married they don’t get it. On deaths of
boyar A boyar or bolyar was a member of the highest rank of the Feudalism, feudal nobility in many Eastern European states, including Kievan Rus', Bulgarian Empire, Bulgaria, Russian nobility, Russia, Boyars of Moldavia and Wallachia, Wallachia and ...
s or druzhina 86. If a
boyar A boyar or bolyar was a member of the highest rank of the Feudalism, feudal nobility in many Eastern European states, including Kievan Rus', Bulgarian Empire, Bulgaria, Russian nobility, Russia, Boyars of Moldavia and Wallachia, Wallachia and ...
or a druzhina member dies, then his property does not go to the knyaz; and if he had no sons, then the inheritance goes to his daughters. (...) On serfdom 102. There are three types of serfdom: one buys a serf for up to half a grivna before witnesses, and gives a nogata to the judge before the serf. 103. A second serfdom: if one marries a serf woman without her master's agreement; if he marries with agreement, then whatever they decide with the master, thus he shall be. 104. And this is the third serfdom: if one acts as someone's official or servant without the master's knowledge; if there is an agreement, then whatever they decide, thus he shall be. If he takes the master's tasks, he's his servant. 105. But for a debt of grain, one will not become a serf; but if he does not work it off in time, then he must repay it at once; but if he repays in full before the due date, he's free.


See also


Notes


Some editions


English translation of Short Russkaya Pravda by Daniel H. Kaiser
Source: The Laws of Rus' - Tenth to Fifteenth Centuries, tr., ed. Daniel H. Kaiser (Salt Lake City: Charles Schlacks Publisher, 1992), 15-19.

Source: The Laws of Rus' - Tenth to Fifteenth Centuries, tr., ed. Daniel H. Kaiser (Salt Lake City: Charles Schlacks Publisher, 1992), 20-34. * Main edition: Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 1: Texts. - 1940. Vol. 2: Commentaries. - 1947. Vol. 3: Facsimile of the texts. - 1963. (russian: Правда Русская / Под общ. ред. акад. Б.Д. Грекова. - М.; Л.: Изд-во АН СССР. - Т. I: Тексты. - 1940; Т. II: Комментарии. - 1947; Т. III: Факсимильное воспроизведение текстов. - 1963). * Memorials of Russian Law / ed. by Serafim Yushkov. Issue 1: Memorials of Law of Kievan State of the 10th-12th centuries /
Aleksandr Zimin Aleksandr Aleksandrovich Zimin (Александр Александрович Зимин; 1920-1980) was one of the most prolific and well-known Soviet medievalists. His area of expertise was late medieval Muscovy. Zimin was born in a noble family ...
. - Moscow: Gosyurizdat (State Juridical Publisher), 1952. - 287 p. (russian: Памятники русского права / Под ред. С.В. Юшкова. – М.: Госюриздат, 1952. – Вып. I: Памятники права Киевского государства X–XII вв. / Сост. А.А. Зимин. – 287 с.).


Some references

* Mikhail Tikhomirov
"A study of Russkaya Pravda"
* Leonid Biletsky, ''The Ruska Pravda and its textual History,'' Edited by George D. Knysh University of Manitoba, Winnipeg - 1993 *
History of legal literature of Russia (full text and notes in Russian)
* Padokh, Yaroslav

Encyclopedia of Ukraine. Vol. 4. 1993. {{Authority control East Slavic manuscripts Society of Kievan Rus' Medieval legal codes Legal history of Ukraine Legal history of Russia Cyrillic manuscripts 13th-century manuscripts