Георгиевский Э.В. Уголовно-правовое содержание Устава князя Владимира о церковной десятине

Аннотация: The work states that one of the earliest laws containing criminal rules was the Regulations of Knyaz Vladimir, which archetype text refers to the 12th century. However, the oldest basis for the Regulations of Knyaz Vladimir was the Charter given by Vladimir to the Church of the Tithes or the Church of the Dormition of the Virgin is (the Desyatinnaya Tserkov in Kiev) in the beginning of the 11th century. The Regulations survived in more than two hundred replicas of the 14–19th centuries and in plenty of reworked copies where we may separate seven versions and a few text variants and types. First, the author analyzes the Olenin Version (the late 12th – first half of the 13th century) which clause 9 contains following components of crimes: “divorce, suit because of marriage portion, abduction (abduction of maidens for marriage), quarrels between a husband and a wife because of belongings, marriage between relatives or courtship, sorcery, hebon ( poisoning by means of potion), magia, sectary, toothing (bites during fights), or a son beats his father, or a mother beats her daughter; or children, or a daughter-in-law beats her mother-inlaw; or brothers or children suit for the inheritance.” Further the author analyses each component using various points of view on the interpretation of the provisions. It is stated that the Synodical Version of the Regulations (second half of the 13th – early 14th century), which is the most common, largely amends the ninth clause. The Synodical Version expands the sorcery related trespass with witchery, theurgy, and indulgence. Naming as offence comes in three forms – in swear word, charge in creating potions and in witchery. The author points out that by time of Synodical Version a whole group of encroachments on orthodox ceremonial procedures is formed and enacted. The Russian Orthodox Church starts to strengthen protection of its direct objects, besides the orthodox dogma (church property, ceremonialism, symbols, constructions, public order in the church and so forth). Researches often unite these components by one patrimonial concept – sacrilege in a broad sense of the word. Such crimes are separated as theft in church, “cutting of a cross or cutting the walls”, “slander of the dead”, and letting kettle, dogs and poultry in the church. Broad versions of the Regulations of Knyaz Vladimir contain another components like: “indecorous protection of a husband by his wife”, prohibition on sodomy, and “a woman inflicts harm to a child”. Later versions and editions of Vladimir’s Regulations start to include the crime components expressly prohibiting pagan ceremonies. The article states that clause 9 of the Regulations of Knyaz Vladimir does not contain any reference to the penalty. The author comes to a conclusion that clause 9 of the Regulations of Knyaz Vladimir simply was a referential clause, assuming in each specific case use of other acts of church nature.

Abstract: The work states that one of the earliest laws containing criminal rules was the Regulations of Knyaz Vladimir, which archetype text refers to the 12th century. However, the oldest basis for the Regulations of Knyaz Vladimir was the Charter given by Vladimir to the Church of the Tithes or the Church of the Dormition of the Virgin is (the Desyatinnaya Tserkov in Kiev) in the beginning of the 11th century. The Regulations survived in more than two hundred replicas of the 14–19th centuries and in plenty of reworked copies where we may separate seven versions and a few text variants and types. First, the author analyzes the Olenin Version (the late 12th – first half of the 13th century) which clause 9 contains following components of crimes: “divorce, suit because of marriage portion, abduction (abduction of maidens for marriage), quarrels between a husband and a wife because of belongings, marriage between relatives or courtship, sorcery, hebon ( poisoning by means of potion), magia, sectary, toothing (bites during fights), or a son beats his father, or a mother beats her daughter; or children, or a daughter-in-law beats her mother-inlaw; or brothers or children suit for the inheritance.” Further the author analyses each component using various points of view on the interpretation of the provisions. It is stated that the Synodical Version of the Regulations (second half of the 13th – early 14th century), which is the most common, largely amends the ninth clause. The Synodical Version expands the sorcery related trespass with witchery, theurgy, and indulgence. Naming as offence comes in three forms – in swear word, charge in creating potions and in witchery. The author points out that by time of Synodical Version a whole group of encroachments on orthodox ceremonial procedures is formed and enacted. The Russian Orthodox Church starts to strengthen protection of its direct objects, besides the orthodox dogma (church property, ceremonialism, symbols, constructions, public order in the church and so forth). Researches often unite these components by one patrimonial concept – sacrilege in a broad sense of the word. Such crimes are separated as theft in church, “cutting of a cross or cutting the walls”, “slander of the dead”, and letting kettle, dogs and poultry in the church. Broad versions of the Regulations of Knyaz Vladimir contain another components like: “indecorous protection of a husband by his wife”, prohibition on sodomy, and “a woman inflicts harm to a child”. Later versions and editions of Vladimir’s Regulations start to include the crime components expressly prohibiting pagan ceremonies. The article states that clause 9 of the Regulations of Knyaz Vladimir does not contain any reference to the penalty. The author comes to a conclusion that clause 9 of the Regulations of Knyaz Vladimir simply was a referential clause, assuming in each specific case use of other acts of church nature.