State system of the unified Russian state. The social and political system of the centralized Russian state

Russia during the formation of a single centralized state was an early feudal monarchy.

Signs of the presence of centralized power in the late XV-early XVI centuries.:

the presence of central authorities throughout the territory of the Russian state;
replacement of vassal relations by relations of allegiance;
development of national legislation;
a single organization of armed forces subordinate to the supreme authority.

characteristic features of the state system϶ᴛᴏth period:

the concept of “king” appeared, which unites under its rule all other princes, all are vassals of the king (϶ᴛᴏ was formed thanks to the experience of the Golden Horde);
centralized administration of the outskirts by the monarch's deputies;
the term "autocracy" will remain (i.e., a form of limited monarchy, the power of a single monarch is limited by the power of rulers, local princes; autocracy and absolutism are not identical);
settled relations between the Grand Duke and the Boyar Duma are formed, localism is born (i.e., the appointment of persons on the merit of their parents), the Boyar Duma is formal, the relationship between the tsar and the Duma develops according to the principle: the tsar said - the boyars were sentenced.

Monarch in the XV-XVI centuries. - Grand Duke of Moscow.

Although his power had not yet acquired the features of absolute power, it nevertheless expanded significantly. Already Ivan III in all documents calls himself the Grand Duke of Moscow.

The increase in the power of the Grand Duke took place against the background of the restriction of the rights of patrimonials. Thus, the right to collect tribute and taxes passed from the latter to state bodies. Secular and church feudal lords lost the right to judge the most important criminal offenses - murder, robbery and red-handed theft.

It is worth saying that the political consolidation of the power of the Moscow prince is connected:

with the marriage of Ivan III and the niece of the Byzantine emperor Sophia Paleolog (϶ᴛᴏ strengthened the importance of the power of the Moscow grand dukes within the state and in Europe; the Moscow grand dukes began to be called "sovereigns of all Russia");
with the coronation of Ivan IV in 1547 (the title of tsar appeared)

Boyars in the XV-XVI centuries.- people already close to the Grand Duke.

Boyar Duma- ϶ᴛᴏ the highest body of the state in the XV-XVI centuries.

Initially, the Duma was convened, but under Ivan IV it became a permanent body. The composition of the Boyar Duma included the so-called Duma ranks, that is, the introduced boyars and roundabouts. In the XVI century. took part in council meetings consecrated cathedral.

It is worth saying - the powers of the Boyar Duma:

solving, together with the prince, all the main issues of public administration, courts, legislation, foreign policy;
control over the activities of orders and local governments (by decree of the sovereign);
the diplomatic activity of the state (negotiations with foreign ambassadors, the dispatch of Russian and foreign ambassadors, the appointment of maintenance for them, the distribution of royal letters to neighboring states);
“knowledge of Moscow” (special authority of this body) - ϶ᴛᴏ management of the entire urban economy during the absence of the sovereign.

At the head of the Russian centralized state was Grand Duke, which from the end of the fifteenth century. became known as sovereign of all Russia. In the XIII-XIV centuries. the Grand Duke was a typical monarch of an early feudal state. He headed the state hierarchy, which also included specific princes and boyars, who were granted broad feudal privileges and immunities. With the centralization of the state and the subordination of an increasing number of principalities and lands to the Grand Duke of Moscow, his power increases significantly. In the XIV - XV centuries. there is a sharp reduction in immunity rights, specific princes and boyars become subjects of the Grand Duke.

One of the means of strengthening the grand ducal power, as well as strengthening finances, was the monetary reform carried out at the beginning of the 16th century. Its main significance was that it introduced a single monetary system in the state, only the Grand Duke could mint a coin, the money of specific princes was withdrawn from circulation. Until the middle of the sixteenth century In Russia, there was no single tax unit of taxation, taxes were numerous and “scattered” (pit money, fed money, polonanichi, etc.). In the 1550s, after the census of lands, a single unit of taxation was introduced - the "big plow", it fluctuated depending on social class. Major reforms were also carried out in the field of zemstvo and provincial administration, judicial and military reforms. However, the introduction of the oprichnina interrupted a series of brilliant reforms, and its consequences affected society for decades.

Oprichnina - a special system of governing the country and society, introduced by Ivan IV under the pretext of intensifying the fight against "traitors and villains", including the possibility for the tsar to confiscate the property of the latter at his own discretion. The tsar demanded to establish a special staff of posts for himself, to divide the governing bodies and territories into oprichny (from the word "oprich" - except) and zemstvo. The Boyar Duma agreed to these innovations, which led to a change in the entire criminal procedure legislation, and, above all, an open policy of repression was established. Throughout the reign of Ivan IV (until 1584), the forms of organizing the country's structure changed, the autocracy of the monarch increased, and his lack of control over the law and the church grew.

Ivan IV reached in his statements that he was equal to God, with the right to execute and pardon everyone and everything. Until the end of his reign, a policy of countless executions was practiced. A highly educated and talented man, a subtle diplomat who began his reign with brilliant reforms, he ended his life as an irresponsible ruler, a tyrant in a country where "great ruin" was raging. The Russian idea of power as a service to God and the state was distorted, the dynasty was stopped (the murder of one's own son), which to a certain extent prepared and accelerated the onset of the period of great turmoil.

The Grand Duke, and later the Sovereign of All Russia, did not yet have absolute power and ruled the state with the support of the council of the boyar aristocracy - the Boyar Duma.

The Boyar Duma was a permanent body based on the principle of parochialism (the filling of government posts is associated with the origin of the candidate, with the nobility of his family). The Duma, together with the prince, carried out legislative, administrative and judicial activities.

Composition of the Boyar Duma during the 14th-16th centuries. was constantly changing. It included worthy boyars, a thousand boyars, a falconer, "introduced boyars", duma nobles, duma clerks, boyar children, etc. Members of the Duma carried out the highest diplomatic and military missions, the most important state assignments. At the same time, a "near thought" of the prince's confidants began to stand out from its composition, with whom he consulted on especially important occasions. For example, Vasily 3 discussed his will in a narrow circle before his death.

There were no strict regulations in the work of the Duma, but the highest administrative and administrative power and legislative regulations (“sentences”) on the most important cases were concentrated in its hands. Formally, the Sovereign could not take into account the decisions of the Duma, but most often they achieved unanimity. The documents read: "The tsar indicated, and the boyars were sentenced." In the middle of the XVI century. the nobility began to penetrate into the Boyar Duma. During the oprichnina years, the Duma was divided into oprichnina and zemstvo. With the beginning of the activities of the Zemsky Sobors, the supreme power passed to them, and the Duma lost its significance. By the end of the XVI century. The composition of the Duma increased significantly, and during the Time of Troubles at the beginning of the 16th century. Her role has grown again. At the end of the XVI century. The composition of the Duma exceeded 150 people. But gradually it turned into a patriarchal obsolete institution and was liquidated under Peter I.

Orders.

The palace and patrimonial management system of the fragmentation period did not meet the needs of a unified state. In the 15th century, the monarch appointed representatives of the central government - governors and volostels. These were large feudal lords who performed judicial, administrative, financial and other functions on the territory of the principalities. Such an order of administration was contrary to the needs of the state. From the end of the XV century. the functions of governors began to be limited, new bodies arose - orders, combining a centralized, functional-territorial administration independent of feudal subordination.

The order was headed by a boyar or a major nobleman, at his disposal was a staff of clerks, clerks and other officials. The order was placed in the order's hut and had its representatives and representatives. The clerks were quite educated and were often appointed from the nobility. The Boyar Duma exercised overall control over the order, but the independence of the orders increased along with the expansion of the number of clerks.

During the reign of Vasily III, deacon families with hereditary professional orientation began to be created. The change of political courses in the state was accompanied by a "shake-up" of the clergy. Each order was in charge of a certain area of activity: Posolsky - the diplomatic service, Rogue - the fight against crime, Yamskaya - the pit service. Treasury - state finances, Local - allotment of land, etc. The orders combined administrative, judicial and financial functions, the effect of which extended to the entire territory of the state. There was an orderly written record keeping in the orders. They were judicial organs for their apparatus and considered cases in accordance with the direction of activity.

By the middle of the XVI century. an order system developed, the number of orders continued to grow, and in the middle of the 17th century. there were about fifty of them, which led to a duplication of functions. The orderly employees already constituted a completely closed social group. In 1640, it was forbidden to accept persons from other classes into the staff of orders, except for the nobility and children of clerks. Under Peter I, orders were replaced by colleges.

local government until the end of the fifteenth century. based on feeding system and carried out governors Grand Duke in cities and volostels in the countryside. The competence of governors and volostels was not clearly defined. They dealt with administrative, financial and judicial affairs. Instead of a salary for the service, they had the right to keep "feed"- part of the collected from the population. At first, tenure was not limited.

In a single state, for a long time, estates and specific principalities of the period of fragmentation were preserved, where local administrations of estates and princes carried out management. In the villages there were organs of the communities of troubles of proper contact with the princely administration. The governors and volostels from the center were the conductors of the power of the prince. In cities, citizens could gather at veche for a long time, posadniks and thousandths were not abolished.

This heterogeneity of local government was replaced in the 16th century by a systematic approach. For the first time in Russia, local government reforms were carried out with the provision of self-government to the citizens themselves.

History of the state and law of Russia. Cribs Knyazeva Svetlana Aleksandrovna

22. State apparatus of the centralized Russian state

The Russian state was headed Grand Duke, from the end of the 15th century he began to be called sovereign of all Russia. With the centralization of the state and the subordination of individual principalities to Moscow, the power of the Grand Duke increased. In the XIV-XV centuries. there is a sharp reduction of immunity rights, specific princes and boyars become subjects of the Grand Duke.

One of the means strengthening of the princely power was monetary reform, carried out at the beginning of the 16th century. She entered in the state single monetary system only the Grand Duke could mint a coin, the money of specific princes was withdrawn from circulation.

The Grand Duke did not have absolute power, he ruled the state with the support of the council of the boyar aristocracy - Boyar Duma. The Boyar Duma was permanent body, built on the principle localism (appointment to a public position depended on the nobility of the candidate's family). The Duma, together with the prince, carried out legislative, administrative and judicial activities. The composition of the Boyar Duma was constantly changing.

In the XIII-XV centuries. acted palace and patrimonial system of government. The main role was assigned princely court headed by butlers and palace departments - ways, who led worthy boyars (equestrian, falconry, steward, trapper and other ways). Over time, the court ranks turned into government positions.

The centralization of the state required the creation of a special administrative apparatus. From the end of the XV century. new bodies of central and local government are being formed - orders. These were permanent administrative and judicial institutions, whose competence extended to the entire territory of the state. Were created Ambassadorial, Local, Robbery, Treasury, Yamskoy and other orders. Orders combined administrative, judicial and financial functions. They had their states, order huts, office work, archives. The orders were headed boyars, they also included clerks, scribes and special commissioners. By the middle of the XVI century. command control system supplanted the palace and patrimony.

local government until the end of the 15th century. based on feeding system and carried out governors Grand Duke in the cities and volostels in the countryside. They were doing administrative, financial and court cases. At the beginning of the XVI century. new noble and zemstvo authorities- labial and zemstvo huts.

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Russia during the formation of a single centralized state was an early feudal monarchy.

Signs of the presence of centralized power in the late XV-early XVI centuries.:

1) the presence of central authorities throughout the territory of the Russian state;

2) replacement of vassal relations by relations of allegiance;

3) development of national legislation;

4) a single organization of the armed forces subordinate to the supreme authority.

characteristic features of the state system this period:

1) the concept of “king” appeared, which unites all other princes under his authority, all are vassals of the king (this was formed thanks to the experience of the Golden Horde);

2) centralized management of the outskirts by the governors of the monarch;

3) the term “autocracy” appears (i.e., a form of limited monarchy, the power of a single monarch is limited by the power of rulers, local princes; autocracy and absolutism are not identical);

4) settled relations between the Grand Duke and the Boyar Duma are formed, localism is born (that is, the appointment of persons on the merit of their parents), the Boyar Duma is formal, the relationship between the tsar and the Duma develops according to the principle: the tsar said - the boyars were sentenced.

Monarch in the XV-XVI centuries. - Grand Duke of Moscow.

Although his power had not yet acquired the features of absolute power, it nevertheless expanded significantly. Already Ivan III in all documents calls himself the Grand Duke of Moscow.

The political consolidation of the power of the Moscow prince is connected:

1) with the marriage of Ivan III and the niece of the Byzantine emperor Sophia Paleolog (this increased the importance of the power of the Moscow grand dukes within the state and in Europe; the Moscow grand dukes began to be called "sovereigns of all Russia");

2) with the wedding of Ivan IV in 1547 (the title of tsar appeared).

Boyars in the XV-XVI centuries.- people already close to the Grand Duke.

Boyar Duma- this is the highest body of the state in the XV-XVI centuries.

Powers of the Boyar Duma:

1) the decision, together with the prince, of all the main issues of public administration, courts, legislation, foreign policy;

2) control over the activities of orders and local governments (by decree of the sovereign);

3) the diplomatic activity of the state (negotiations with foreign ambassadors, the dispatch of Russian and foreign ambassadors, the appointment of maintenance for them, the distribution of royal letters to neighboring states);

4) “knowledge of Moscow” (a special authority of this body) is the management of the entire urban economy during the absence of the sovereign.

State and law of the Golden Horde (XIII-XV centuries)

The Mongolian state represented a specific type of early nomadic barbarian empire.

The presence of two signs:

1. Large area,

2. The presence of dependent or colonial possessions.

early empire. Early empires were characterized by the absence of a strong relationship between the mother country and the colonies. The presence of differences in the main indicators of development.

Barbarian. Barbarian empires are characterized by the presence of development advantages only in the military sphere (in comparison with the conquered peoples).

A nomadic empire is a society organized according to a military-hierarchical principle, occupying large areas and receiving non-pastoral resources through external exploitation.

Signs of nomadic empires:

1. Dual (wings) or triadic (wings and center) principle of the administrative division of the empire.

2. The multi-stage hierarchical nature of social organization, permeated at all levels with tribal genealogical ties.

3. The military nature of the public organization of the "metropolis" (usually on a decimal basis).

4. Pit service as a special way of organizing administrative infrastructure.

5. Specific order of inheritance of power.

6. The special nature of relations with the agricultural world (belched out through the receipt of tribute).

In administrative terms, the Mongol empire was divided into parts that were unequal in state and political terms.

Khan was at the head of the state. He was the head of the civil administration, the supreme owner of the land, the high priest, the supreme judge and the head of the military administration.

Kurultai. The congress of the steppe nomadic aristocracy, the highest collegiate body of the state (approval of the candidacy of the khan is the main issue).

The system of bodies of the central sectoral administration was represented by sofas. Sofas were headed by emirs. At the head of the government (over all the emirs) was the vizier (he was in charge of the khan's treasury and carried out the general administration of the state in the absence of the khan).

Management on the ground and in the conquered territories was carried out with the help of numerous bureaucratic apparatus: Darugs and Baskaks.

The judiciary was not separated from the administrative. The supreme court was carried out by the khan; his court was the highest court of appeal and the first instance in cases of the khan's family. The highest judicial body is the divan yargu (Yarguchi is the highest judge). There was a system of religious courts and courts of tribal elders.

Social system.

The Jochids are the top of the Golden Horde society.

Nyons or beks are the descendants of the associates of Genghis Khan, large feudal lords.

Nukers are the warriors of the Khan and large feudal lords. They occupied middle and lower positions in the military administration.

Clergy -

In the Golden Horde, legislation as a whole was not developed.

The main source of law was the "Great Yasa" - a code of laws and customary law of the Mongolian people in 1226. The author was Genghis Khan himself (he was illiterate).

The structure of the great Yasa:

1. Belik or wisdom - the sayings and views of the Khan - the theoretical part of the Yasa.

2. Yasa - a set of various laws.

1. Norms of administrative and state law. Within this section, several elements can be distinguished: 1) Emperor or Khan (supreme power is concentrated in the hands of the khan; no one can be khan without approval at the kurultai; the title of khan is the only attribute of supreme power). 2) The Mongolian nation (the Mongolian nation is referred to as a state clan or ruling nation - an act of political self-expression). 3) Army (all men over 20 years of age are recruited as fighters; a decimal system of army management is established; a special unit is created - the Khan's Guard; the principle of formal equality is established - everyone is required to exert equal effort and everyone is entitled to equal remuneration). Part of the yassa about the army is called the military charter. 4) fishing charter (hunting is considered as a state institution and the basis of military training). 5) serf charter (this charter carried out the general attachment of the population to public service): in the Mongol Empire, the principle of necessary public service was established (men were attached to military service, all the rest, to the taxable plot - the procedure for performing work in favor of the state). 6) the yam charter (determined the procedure for the creation and maintenance of roads and postal stations): a) the device of pits (stations) was distributed among the population of the country so that every 2,000 people were entrusted with the care of a section of the road; b) each pit had to be provided with horses, horse feed and food for travelers; c) for the khan's ambassadors and civil servants, the use of the pits was free. 7) tarkhan charter (created for the population withdrawn from the serf charter: because of religious affiliation or because of their social value (artisans, doctors)). 8) tax charter (determined the procedure for taxing the conquered peoples): a) conducting a mandatory general census of the population; b) determining the qualitative and quantitative aspects of the tax; d) appointment of officials responsible for tax collection.

2. Norms of international law. 1) determination of the form of declaration of war with a guarantee of the security of the population, in case of voluntary submission; 2) establishing the principle of immunity of ambassadors.

3. Norms of criminal law. The main goal is to maintain peace and order in the state and society. Types of crimes: crimes against the khan and the order of government; crimes against religion, morality and morality; violations of military customs (war crimes); crimes against the person; property crimes.

The main purpose of punishment is the physical elimination of the offender.

Types of punishments:

1. Death penalty. It was possible to pay off the death penalty. Yasa does not know the qualified death penalty.

2. Imprisonment. It was appointed only in relation to members of the khan's family.

3. Demotion in service.

4. Corporal punishment.

5. Monetary penalties.

Sources of Russian law of the 15th - first half of the 16th century.

1. "Russian Truth".

2. Pskov judicial charter (?).

3. Church legislation.

4. Grand-ducal legislation: in the form of decrees, in the form of all-Russian codes and charters (charter letters (by source, by the benefits and privileges provided, by the subject of the award), charter charters (charter charters of the vicegerent administration, Zemstvo charter charters, labial charter charters), customs letters, court letters).

Grand ducal legislation in the form of decrees (late 15th century):

1. Decree to the governors on the city court (determined the procedure for the activities of officials participating in the trial).

2. Decree on weekly workers.

3. Decree on travel (on travel). Determined the amount of duties paid to bailiffs when traveling to different parts of the Moscow state (this decree will be included in the judicial code).

The first decrees concern the sphere of legal proceedings.

Prerequisites for a Russian centralized state:

1) The fall of the influence of the golden horde;

2) Growth of cities and development of trade;

3) The emergence of the Russian national idea;

4) The rise of the self-consciousness of the Russian people;

5) Autocephaly of the Russian Church - 1448;

6) Formation of a strong political center capable of uniting the Russian lands.

Stages of centralization:

1) The emergence of political centers claiming to be an association (M. Tver, Lithuania);

2) Rise of Moscow (Kalita, Dmitry Donskoy, Vasily II dark);

3) The overthrow of the Iga (1480, 1380);

4) Liquidation of strongholds of separatism (Galic, Novgorod, Pskov, Ryazan);

5) Acceptance of the title of sovereign of all Russia (Ivan III);

6) Adoption of the all-Russian judicial code of 1497.

The state system of the Moscow state:

The great Moscow princes become typical monarchs of the early feudal era. The power of the Moscow princes grew due to the gradual liquidation of appanages and the transformation of appanage princes into servicemen.

Moscow princes are not limited to the title of grand dukes. Already from Ivan Kalita they are called "the great princes of all Russia", which indicates their desire to establish autocracy. Ivan III in relations with other states called himself tsar. Finally, this title took root in Russia under Ivan the Terrible.

The princes of Tver, Ryazan and Rostov were in a special position. They bore the title of Grand Dukes, being independent heads of their possessions for many years. Over time, these princes were forced to recognize the supremacy of the Grand Duke of Moscow and turned, following the example of other princes, into service people, i.e. in the same servants as the boyars.

Power is inherited. At first there was the principle of tribal seniority, but from the XIV century. tribal seniority is replaced by family seniority. Power passes from the father to the eldest son. The beginning of primogeniture and single inheritance is affirmed. The land is not divided into inheritances among all the sons.

The entry of the new prince to the princely table began to be arranged solemnly. The metropolitan took part in the ceremony of planting the prince, and from the end of the 15th century. a solemn wedding or coronation appears, which indicated that the power of the monarch of Moscow is of divine origin.

The Grand Dukes aspired to unlimited power. At first, the decrease in the power of the Golden Horde contributed to the strengthening of the power of the Moscow princes. Beginning with Ivan III, they began to call themselves "sovereigns of all Russia", and sometimes tsars.

At the same time, it cannot be said that the Muscovite state was an unlimited monarchy. The activities of the Moscow sovereigns were directed by the top of the feudal lords - the boyars and the church.

The Boyar Duma did not constitute a special institution that would have a clearly defined composition and its own regulations. It consisted of well-born and wealthy boyars who took part in the discussion of issues of war and peace. With the participation of the boyars, inter-princely agreements were concluded. In their presence and, probably, after a consultation with them, the grand dukes drew up spiritual letters. Boyars took part in government, in court, in legislative activities. More than once the boyars even ruled the state for juvenile or incapable princes.

The unwillingness to reckon with the opinion of the Boyar Duma could have resulted in the departure of the boyars to another prince, the isolation of the prince, and the weakening of his influence. In their estates, they still felt like specific princes, as their fathers and grandfathers were. In a word, the new Moscow boyars took the form of a tribal and landed aristocracy with claims to participate in government. From the end of the 15th century, when the political influence of the nobility began to grow and when the Grand Duke took severe measures against the boyars leaving Moscow, the significance of the Boyar Duma began to decline.

Traveling boyars. Until the XIV century. in Russia there was no concept of central and local governments. There were some administrative bodies of the times of Kievan Rus. There are positions of thousands. The palace management system is preserved, in which the palace routes were determined under the control of the butler, under the control of the worthy boyars. The word “way” meant profit, income, property. There were the following ways: falconer, equerry, steward, chalice. Falconers and other attendants of bird hunting were in the department of the falconer's way; in the department of the stable way - princely stables, grooms, meadows; in the department of the steward's way - side forests, villages and villages. Villages assigned to the court and ways were scattered throughout the state. Near the village or village, which was administered by local authorities, one could see the villages of the worthy boyars, then the butler and estates. The paths were in charge of the population that lived on the lands assigned to them.

At the head of the paths, these independent departments, were worthy boyars - the top of the feudal nobility.

I. Supreme governing body:

a) Supremacy of the legislature;

b) Ruler;

2. The Boyar Duma is the highest legislative and advisory body. Structure:

a) General meeting of members of the boyar duma (Boyars the Elder and introduced, okolnichy);

b) Duma office (clerks and polar foxes).

II. Central authorities:

1. Ways - this is a modernized service of the palace and patrimonial management system, combining personal and departmental principles (Tiun + Village).

III. Local management:

1. Deputies of the Grand Duke, in the districts of the Muscovite state,

3 types of districts:

a) Administrative-territorial - counties, camps, volosts, governors;

b) Judicial-territorial - Lips, labial elders;

c) Military-territorial - Discharges, governors.

Functions of governors:

· Current local management;

· Implementation of the Princely Decrees;

· Collection of taxes.

IV. Local government

1. Rural gatherings and elders in the villages;