The development of the princely court in the first half - the middle of 11th century takes place through the distribution of special rules to protect the prince (i. e. Right of prince) on wider categories of people. The main instrument for this protection was a high compensation for injuries to these persons. From the middle of the 11th century penalties imposed on “smerds”, applied to the free population as well. This is the case of development of the princely court . The term smerds we understand as the description of the social category that is dependent on the prince (as a population of princely domain). Prodazha (monetary penalty), the fines in favor of the prince's power, were originally charged only from smerds for the crimes committed in their field (as cautiously suggested A. E. Presnyakov). Later, these penalties apply to offenses committed by other categories of people (except smerds), and no matter from whom they were levied, they were called the same - prodazha. We believe that the inclusion of articles on the prodazha in the second part of Pravda Yaroslava meant that these fines have become charged not only with the princely smerds. Subsequently ancient payments “for the offense of” take the character of “sales” financial interest promotes princely jurisdiction.
Translated title of the contribution ON THE QUESTION OF THE ORIGIN AND EVOLUTION OF THE PRODAZHA (MONETARY PENALTY) IN SHORT EDITION OF RUSSKAYA PRAVDA (KRATKAYA PRAVDA)
Original languageRussian
Title of host publicationТысячелетие Правды Русской: история и перспективы изучения древнейшего памятника отечественного права
Subtitle of host publicationсборник научных трудов
Place of PublicationСПб
PublisherПрезидентская библиотека имени Б.Н. Ельцина
Pages216-231
ISBN (Print)978-5-990732-3-7
StatePublished - 2017

Publication series

NameИсторическое правоведение
Number5

ID: 98808306