К ВОПРОСУ О СТАНОВЛЕНИИ И РАЗВИТИИ ГРАЖДАНСКОГО ПРОЦЕССА В РУССКОМ ПРАВЕ IX–XV ВВ.

Abstract

The article reveals the issues of the formation and development of civil procedure law in medieval Russia on the basis of various historical and legal sources and the works of Russian, Soviet and modern scientists. The relevance of the work lies in the fact that this problem remains insufficiently investigated to date due to the small number of works devoted directly to the civil process in the Old Russian state and Northwestern Russia during the period of feudal fragmentation. The novelty of the study is associated with the identification of some new features of civil proceedings and a new interpretation of existing provisions. The methodology used in the course of the study includes dialectical, comparative-historical, formal, logical and hermeneutic methods that allowed us to consider the formation of civil procedure law in its development and its relationship with the phenomena of socioeconomic life, compare historical and legal sources of various periods of medieval statehood, analyze these sources and interpret them. In the course of the study, it was revealed that the formation of civil proceedings was closely connected with the judicial system of Ancient Russia, Novgorod and Pskov. It is determined that, despite the unity of the criminal and civil proceedings in the Kievan state, some differences have already been observed in them. The procedural legal capacity of participants in civil proceedings in Kiev and North-Western Russia has been established. The duality of the judicial system and the separate jurisdiction of the princely and republican judicial bodies in Novgorod and Pskov were revealed and new stages of civil proceedings were established. Conclusions: in Ancient Russia, due to the underdevelopment of commodity-money relations, only the beginnings of the formation of judicial power and civil proceedings were observed. During the period of feudal fragmentation in economically developed Novgorod and Pskov, the judicial system and civil procedure law received significant development. Along with the immutability of the principle of the adversarial process, many new provisions have appeared in it. Women, elderly people and children were given the right to present their representatives at the trial, there were rules on the public summoning of the defendant to court, the process became closed, oral clerical work was replaced by written, the evidence base expanded due to a judicial duel and written evidence.