Public Law of Moldova in the 16th – 17th Centuries

Abstract

Relevance. The public legal relations of Moldova in the 16th-17th centuries continue to develop against the backdrop of legislative processes and the adoption of the Code of 1646 - the first monument of Moldovan law. The adoption of the Code marked a new stage in the development of public law in general, the areas of legal proceedings and criminal law in particular. Despite the fact that the Code of 1646 contained norms and institutions that were progressive for their time, it consolidated the tendency to toughen criminal liability for crimes against the backdrop of an intensified class struggle in Moldovan society.The purpose of the article is to determine the range of the main sources of public law in Moldova in the 16th - 17th centuries, as well as the features of the development of public law branches and their individual institutions in medieval Moldova.Objectives: analyze the main sources of public law in Moldova in the 16th-17th centuries; to determine the features of public law institutions of the medieval Moldavian state.Methodology. The methodological basis was the historical method of research. Along with the historical method of research, the principles of consistency and scientific objectivity were used.The results of the scientific study showed that the period under study is represented by many heterogeneous sources of public law, a special place among which is occupied by the first monument of the law of Moldova - the Code of Vasily Lupu of 1646, containing, for the most part, norms of a criminal law nature. Despite the fact that the Moldavian medieval law was characterized by a pronounced class character, it not only reflected the class character of social relations, but also contained norms and provisions progressive for its time.Conclusions. In general, we can conclude that during the XVI-XVII centuries the area of public law relations continues to develop. This was facilitated by the adoption of the Code of 1646, which, in essence, acted as a monument of criminal law. Along with the Code, other monuments of law continue to be applied, including both Byzantine legislation and canonical collections. Moldavian feudal law, like the law of other European states, was characterized by a class character. At the same time, the first monument of Moldovan law - the Code of Vasily Lupu of 1646 - contained a developed conceptual apparatus, progressive concepts for its time, such as recidivism, necessary defense, extreme necessity, mitigating and aggravating circumstances, circumstances excluding criminal liability.