Determining the status of prisoners of war in customary law and legislation of the Muscovite kingdom of the 15th-early 18th centuries

Abstract

The article is devoted to highlighting the processes of formation of the specifics of the status of captives according to the norms of customary law and legislation of the Muscovy kingdom (Moscow state) during the 15th - early 18th centuries. The relevance of addressing these issues is due to the fact that the customs and views developed at that time, as well as the norms of positive law, still determine the peculiarities of the attitude of Russians towards prisoners, which is largely determined by the specifics of the national mentality and legal tradition.
 It is shown that the attitude towards captured foreigners, the legal basis of their status in the Muscovite Empire were laid down in the course of the formation and development of customary law, which was formed long before the period considered in this article. It is emphasized that since in the 15th - at the beginning of the 18th century. before there was a division into combatants and non­combatants, the terms "prisoners" and "captives" meant both captured soldiers of the enemy army and representatives of the civilian population who were deprived of personal freedom and found themselves under the complete power of the enemy. Captives were divided into "state” and "private”, although specific subgroups can be identified within these groups depending on the peculiarities of their legal status.
 The status of prisoners in the Muscovite Empire was determined primarily by customary law, although over time, acts of legislation appeared that contained norms aimed at regulating the legal status of prisoners. A vivid example of such legislation is the Senate decree of November 27, 1717 "On the prohibition of baptizing and marrying Swedish prisoners of war.”
 It is noted that a valuable source for elucidating the complex of customs regarding the treatment of captives can be considered the works of European diplomats, merchants, and soldiers who had been in the Moscow state for a long time and were well acquainted with local orders. They contain interesting information on ethnopsychology, the history of diplomacy, as well as the history of law. The value of this historical source is enhanced by the fact that the observations, facts and considerations given in it are confirmed by other sources. A conclusion was made about a certain continuity in the national character of the population of modern Russia, customs that, even now, under the conditions of the spread of legal nihilism in Russian society, largely regulate the behavior and activities of citizens of the Russian Federation, in particular, military personnel, mercenaries of private military companies, etc.