Георгиевский Э.В. Уголовно-правовая характеристика Устава князя Ярослава о церковных судах

Аннотация: The subject of the article is criminal legal content of the Charter of Prince Jaroslav about church courts in 1051–1054 which not only develops the basic ideas of Prince Vladimir’s Charter, but also specifies consequences of infringement of norms of the church right. The special features of normative construction of the Charter carried out as a logic implication are considered. This implication is characterized for each separate article. The norms having criminal legal character are analyzed. Many of them are original enough and progressive for home (native) criminal law of considered period. The author outlines a circle of objects of criminal right protection which is carried out by Russian Orthodox church. They are Christian-Orthodox dogma and church ritual ceremonies, bases of Christian marriage and family, morality, principles of common patriarchal life. And categories of special victims are also allocated. The old Russian Orthodox church shows a much greater subtlety in definition of such objects “rubbing out” the flaws of secular legislator who sometimes forgot about certain categories of special victims (children, women, helpless people, etc.). Beginning of formation of some criminal legal institutes was given in the Charter. Some of them were unknown up to that time, for example the institute of participation. The idea of “double jurisdiction” to Prince’s and church court is more and more embodied in expansion of kinds of punishments which were used by church. Such jurisdictive delimitation of secular and church legislator (in some cases it was one and the same grand duke) does not lead to the chaos, and even on the contrary, is realized in double judicial form, bringing not only moral but also material satisfaction to both parties. Comparison of maintenance of norms of the Charter with the previous and modern norms and also later monuments of the home and foreign church criminal legislation is carried out on the principles of concrete historical and comparative methods. The author undertakes the attempts of etymological interpretation of some terms of the Charter which mean these or that kinds of religious encroachments. The numerous points of view of researchers of the history of the right and among their number the history of the criminal law about church crimes and punishments for them are given here. The judiciary practice of Russian Orthodox church which evidently characterizes this or that kind of punishment which was used for commiting crimes against the church is considered here.

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Abstract: The subject of the article is criminal legal content of the Charter of Prince Jaroslav about church courts in 1051–1054 which not only develops the basic ideas of Prince Vladimir’s Charter, but also specifies consequences of infringement of norms of the church right. The special features of normative construction of the Charter carried out as a logic implication are considered. This implication is characterized for each separate article. The norms having criminal legal character are analyzed. Many of them are original enough and progressive for home (native) criminal law of considered period. The author outlines a circle of objects of criminal right protection which is carried out by Russian Orthodox church. They are Christian-Orthodox dogma and church ritual ceremonies, bases of Christian marriage and family, morality, principles of common patriarchal life. And categories of special victims are also allocated. The old Russian Orthodox church shows a much greater subtlety in definition of such objects “rubbing out” the flaws of secular legislator who sometimes forgot about certain categories of special victims (children, women, helpless people, etc.). Beginning of formation of some criminal legal institutes was given in the Charter. Some of them were unknown up to that time, for example the institute of participation. The idea of “double jurisdiction” to Prince’s and church court is more and more embodied in expansion of kinds of punishments which were used by church. Such jurisdictive delimitation of secular and church legislator (in some cases it was one and the same grand duke) does not lead to the chaos, and even on the contrary, is realized in double judicial form, bringing not only moral but also material satisfaction to both parties. Comparison of maintenance of norms of the Charter with the previous and modern norms and also later monuments of the home and foreign church criminal legislation is carried out on the principles of concrete historical and comparative methods. The author undertakes the attempts of etymological interpretation of some terms of the Charter which mean these or that kinds of religious encroachments. The numerous points of view of researchers of the history of the right and among their number the history of the criminal law about church crimes and punishments for them are given here. The judiciary practice of Russian Orthodox church which evidently characterizes this or that kind of punishment which was used for commiting crimes against the church is considered here.

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