俄罗斯国家司法系统的组织和法律问题及司法程序的发展(十五至十六世纪)

V. Babenko
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引用次数: 0

摘要

文章处理的组织和法律问题的司法制度和诉讼在俄罗斯在十五至十六世纪,其相关性仍然在其历史的后续时期。在此期间,司法典籍作为一种新型的法律渊源得到了广泛的应用。首先是1497年法典(Sudebnic)和1550年法典(Sudebnic)。除此之外,1551年的stogllav,单独命令的法定书籍,总督行政的法定信件,gubnye和zemstvo信件等来源也被广泛使用。研究的主题不仅是规范司法机构活动的规范性法律行为,而且是沙皇伊凡四世和旨在加强中央国家权力的奥普里契纳政策进行改革期间俄罗斯中央国家法院运作的问题和特点。本文旨在揭示俄国中央集权国家形成和阶级代议制君主国形成时期司法制度和法律程序发展的问题和特点。本书的方法论基础包括历史法学方法和比较法学方法。本文分析了这一时期俄罗斯司法制度和诉讼制度发生变化的原因和性质。作者的结论是,在这一时期的标题中使用“莫斯科州”一词大大限制了研究人员研究有关16世纪俄罗斯发展的伏尔加河地区地方法院发展特点的区域材料的可能性。所得结果和结论可用于研究国家和法律的历史。
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Organizational and Legal Problems of the Judicial System and Judicial Proceedings Development in the Russian State (XV – XVI Centuries)
The article deals with organizational and legal problems of the judicial system and proceedings in Russia in the XV - XVI centuries, the relevance of which remained in the subsequent periods of its history. In the period under consideration, judicial books as a new type of law sources became widespread. First, these were the Code of Laws (Sudebnic) of 1497 and the Code of Laws (Sudebnic) of 1550. In addition to them such sources as Stoglav of 1551, statutory books of separate orders, statutory letters of viceroyalty administration, gubnye and zemstvo letters, etc. were widely used. The subject of the research is not only normative legal acts, which regulated activity of judicial bodies, but also problems and peculiarities of Russian centralized state courts functioning during the period of reforms carried out by Tsar Ivan IV and oprichnina policy, aimed at central state power strengthening. The aim of the article is to reveal problems and peculiarities in the development of judicial system and legal procedure during the period of Russian centralized state formation and class-representative monarchy formation. The methodological basis of the work consists of historical legal and comparative legal methods. The article analyzes the causes and nature of changes occurring in the system of the judicial system and legal proceedings in Russia during the period under consideration. The author concludes that the use of the term «Moscow state» in the title of the period considerably limits the researchers' possibilities to study the regional materials concerning the peculiarities of the development of the local courts in the territories of the Volga region developed by Russia in the 16th century. The received results and conclusions can be used in studying the history of state and law.
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