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Form of government in the legal doctrine of F.I. Karpov about the state



yu. N. Nenashev

FORM OF GOVERNMENT IN the LEGAL DOCTRINE

F.I. Karpova ABOUT the STATE

Work is presented by department of international law

St. Petersburg State University of civil aviation.

The research supervisor - the doctor of historical sciences, the doctor of jurisprudence,

professor A.Yu. Pidzhakov

In article the author addressed development of the Russian medieval state and legal theory of the period of centralization of the Moscow state, namely heritage of the representative of a state and legal theoretical thought of the first half of the sixteenth century F.I. Karpov. In article some aspects of his views, in particular vision of a form of the structure of the Russian state are considered.

The article is devoted to the development of the Russian medieval state-legal theory in the period of Muscovy&s centralization, namely, heritage of F. Karpov, representative of the state-legal theoretical thought in the first half of the 16th century. Some aspects of his views, especially the vision of the Russian state form, are considered in the article.

Fedor Ivanovich Karpov is the Russian diplomat and the publicist of the first half of the sixteenth century - came from the Tver boyars whose representatives passed to service to the Moscow princes. Public service of F.I. Karpov fell on board of Ivan III, Vasily III and his second wife Elena Glinskaya - time of association of lands around the Moscow principality. The first information about F.I. Karpov falls on 1495 when in October Ivan III came to Novgorod in connection with the Russian-Swedish war. On this trip F.I. Karpov entered into staff postelnichikh1, knowing bed treasury and office of the grand duke Moscow. Further F.I. Karpov's career passed already in a diplomatic field where he was busy mainly with a southeast perspective of the Moscow state.

However besides practical issues of external relations of F.I. Karpov also interested problems of the state and legal theory, in view of that process of formation of the uniform Russian state was followed by development of a state and legal thought, which

prepared public opinion for awareness of need of transition to a new form of the organization of the government - Sosa fishing but - the representative monarchy. And this development took place in a concrete historical situation of fierce political struggle between supporters of a strong absolute power of the grand duke and her opponents which inflamed more and stronger. The majority of political and legal theories of the studied historical period concerned a perspective of state system and the form of government of Russia. Not casually in this article the author tried to analyze some of them, placing emphasis on to what views F.I. Karpov concerning a form of the structure of the Russian state adhered.

It is known that in public service F.I. Karpov specialized, mainly, in the southeast direction of external relations of the Moscow state. Its competence included relationship with the Crimea, the Kazan khanate, the Nogai horde and Turkey and also F.I. Karpov as the expert on

a southeast perspective took part in negotiations with western gosudarstvami2. Will not exaggeration of ska - zat that the office career of F.I. Karpov in the sphere of diplomacy developed promptly as after 1519 he substantially defined relationship of the Russian state with the Crimea and in general with east people.

It should be noted that one of problems of Russia of the first half of the 16th century in the context of process of centralization of the Russian state was the problem of accession of the territory of the Volga region which solution, in turn, was directly connected with the Crimean question: during this period the Moscow state experienced considerable difficulties in connection with a system - tichesky attacks of Tatars of the Crimean and Kazan khanates which are in vassal dependence on sultan Turkey which is already approved as the Ottoman Empire, having carried out large captures in various regions. In the matter a main role was played by the Russian diplomacy which used various policy strokes for change of a vector of hostility of these khanates to Russia, therefore, rendered assistance to the forthcoming accession of the territory of the Volga region. It is fair that F.I. Karpov who was carrying out rukovodstvo3 and almost being one of key participants of this negotiation process possesses a considerable merit in the solution of this task; certain researchers even believe that it promoted development of rules of the Russian diplomatic service to which conformed up to a game - tsa 17th century 4 Of the aforesaid it is possible to approve concepts of association of lands of the Russian state about its actual support.

Passing to the analysis of the state and legal theory of F.I. Karpov, it is obviously possible to note that it stood in the same row with highly educated people of that time, it is shown

in great knowledge of theological literature, besides, it was occupied by versatile interests - from classical poetry to origin of life which found the reflection in its doctrine about the state and the right. The fact that the most important program monuments of that time are written in a message genre deserves attention: they were written by Nilus of Sora and Joseph of Volotsk; in the message Moscow - the third Rome" Eleazarov's aged man of the monastery of Phylofairies formulates the theory "; messages make a considerable part of heritage of Vassian Patrikeev, the metropolitan Daniil and the most prolific author of that time Maximus the Greek; in the petition Ivan Peresvetov offers projects of reforms; the political and legal program of A.M. Kurbsky was stated in the form of correspondence with Ivan IV; creativity of F.I. Karpov as far as we can judge, is exhausted by letters among which in the context of development of its state and legal theory the message to the metropolitan Daniil is of great importance for us.

Originally it is necessary to place emphasis on the motivation which induced F.I. Karpov to write the message than the sermon of the representative of church money-grubbing ideology metropolitan Daniil entitled was: "Yako befits k vlastem obedience of an imeta and honor im vjzdaat..." 5. By means of this sermon Daniil imposed requirement on boundless humility before the power and proclaimed great salutariness of patience with which he also addressed F.I. Karpov.

In the answer to Daniil, considering this offer, F.I. Karpov argued as follows: "... if bo under I trjpeni-eat life of an ustavisha, then nest an occasional office the tsar-stvu or to a vladychstvo governors and princes; will stick ubo the administration, dominion and domination, and is without rank; with a rumor strong will bend bezsilnago and to imat a trjpeniye... the occasional office will be lower than judges v the tsar-stve of an imeta. Zahn trjpeniye all ispol-nit..." 6.

Form of government in the legal doctrine of F.I. Karpov about the state

Actually F.I. Karpov in the state and legal theory proceeded from the provision that: "... in any yazyets and Ludeh the occasional office is life by the tsar and chief." 7. In other words, having fairly indicated the need of the power for society, F.I. Karpov in fact thereby showed existence of interrelation between functioning of the power and existence and development of society.

As it is easy to notice, F.I. Karpov spoke more than definitely, having opposed to introduction in the sphere of the state management of the doctrine of "patience" to the relations of the power - submission, and even moreover, thus, as it was already emphasized, he called into question expediency of the power, than showed unacceptability and potential danger to existence of the state formation of attempts of an approval of this doctrine.

However that is characteristic, F.I. Karpov did not urge the metropolitan Daniil to refuse the doctrine of "humility" and "patience" in general, he claimed that: ".v mo-nastyrekh bo from brotherhood never it befits oskudet to a trjpeniye. the patience bo made to the iznachayena apostolom, the Izh is about-povednikom, is is required, bo are vouchsafed by that a sozhrebia aggelskago, Zahn trjpeniyem are tempted election..." 8. Thus, F.I. Karpov opposed "patience" and "long-suffering" as attempts to extend church dogma - you on secular society.

The fact that on semantic characteristics the messages used in the text terms - "tsar-stvo" and "gospodstvo" - F.I. Karpov steadily distinguished from the concept "vladych-stvo" deserves attention, the use of the first it reflected the secular nature of supreme authority, and identified "vladychstvo" with the power of church taking into account their syntagmatic communication: "tsarstvo" - "vladychstvo", "vladychstvo" - "gospodstvo", and, in view of the aforesaid, it is obviously possible to claim that given obsto-

a yatelstvo, at all not the witness - stvut about F.I. Karpov's attempt to oppose to temporal supreme authority the power church, he only emphasized with it their various nature.

It should be noted the following fundamental provision of a medieval political and legal thought that a basis of development of state and legal theories both in Ancient Russia, and in the Moscow state was idea of divinity of origin of the power, and only a statement: "The power from god" - already further served as a parcel for various concepts, thus, F.I. Karpov's message is submitted rather interesting from the point of view of given obstoyatelstva9.

F.I. Karpov in the answer to the metropolitan Daniil repeatedly referred to Aristotle's compositions, than showed serious knowledge of the Hellenistic-Roman theoretical heritage. In particular, opposing the doctrine of "patience", he wrote: "... v gradekh and tsarstvekh... dolgotrjpe-ny in lyudekh... the good razjrusha-t societies and put national in anything to reduce. for the sake of vsyak grad and differently a tsarstvo, according to Aristotle, upravlyatisya to imat this from the chief. but not trjpeniyem." 10.

Respectively, proceeding from the given situation, we can see that in development of the state and legal theory F.I. Karpov relied on Aristotle's authority, and even moreover, in the course of reasonings resorted to use of its political and legal dictionary what the use of the term "national business" testifies to. In the light of semantic value this definition is not what other as the concept "common cause", thereby it is represented fair to claim that F.I. Karpov in the message considered a condition of statehood through a prism of ability to solve common causes of society.

Nevertheless besides need to provide the solution of common causes of the population with also essential condition gosudar-

stvennost in F.I. Karpov's representation the direct control exercised of chiefs was. In the context of told the fact that F.I. Karpov was not limited to this statement is represented rather interesting, and in development of this situation by introduction of a specification of the thought specified in what F.I. Karpov, according to, the administration there has to be a management: "... v mirs-lump administration." 11.

In the course of consideration of the chosen aspect of the state and legal theory of F.I. Karpov it is impossible to ignore a question of the definitions corresponding in its interpretation, to a concept of the state. So, in the text of the message along with the cities and kingdoms which in F.I. Karpov's representation need control exercised of chiefs the expression use also took place: "... nachalnik any samoderzhstvo..." 12. Owing to what it is obviously possible to display syntagmatic communications between the terms used in the text by F.I. Karpov: "градъ", "tsarstvo", "samoderzhstvo".

by

However, preceding illumination of the matter, it is necessary to specify that the term of the Russian medieval political and legal thought "samoderzhstvo" meant independence of supreme authority, in relation to the period of formation of the uniform Russian state and the statement of independence it is a concept reflected idea of territorial integrity and unity of a skipetro-derzhatelstvo in all space with which Russian lands were identified. Generally, the definition of "samoderzhstvo" of the considered historical period corresponded to the state in which supreme authority belongs to the sovereign governor, regardless of a form of this vlasti13.

Thus, in view of the aforesaid, directly in the analysis and estimates of the state and legal doctrine of F.I. Karpov is reasonable in this specific situation

to adhere to the lexeme given in the previous paragraph. Respectively, in the light of reflection of semantic values, in general proceeding from contents of the text of the message of F.I. Karpov, all terms belong to understanding of the state, differences between them come down only to the fact that the used terms "grad" and "tsarstvo" are private definitions in relation to the general "samoderzhstvo".

It should be noted that, arguing on the power, in development of the state and legal theory F.I. Karpov directly divided "the wordly administration" and tops - the ny power, in particular, in the message to the metropolitan Daniil he claimed that: "chelovetsa .ma, the Izh estmya in seven exhaust velitsem, in it storms are poor, an occasional office imams of life under tsars." 14. This situation essentially characterizes F.I. Karpov's idea of supreme authority and its importance for existence of society.

Thus, during this analysis of the message to the metropolitan Daniil in the system of reasonings of F.I. Karpov his idea of the state where it proceeded from the main function - providing the solution of common causes of the population was distinctly shown. Developing the state and legal theory, F.I. Karpov adhered to a position, its essence was that the state in which control is exercised by means of the secular administration is capable to provide execution of this function, but supreme authority belongs to the sovereign governor acting through the tsar. In general a keynote of the work of F.I. Karpov was release of the concept of the "strong" state from tser-kovno-scholastic outlook.

So, first, on diplomatic service of the Moscow state F.I. Karpov actually rendered assistance in implementation of the concept of association of Russian lands around the Moscow state in practical activities. Secondly, in the message he already theoretically stated to the metropolitan of Denmark-lu the

idea of form of government of Russia which consisted in integrity of the territory which is under uniform sovereign supreme authority. In view of the process of centralization of the Russian state happening

during that historical period which assumed association of the territory under uniform sovereign supreme authority it is possible to claim that F.I. Karpov belonged to number of supporters of a statement of the centralized Russian state.

1 Digit book of 1475-1598 of M., 1966. Page 26.
2 V.F. Boyarin-zapadnik's Rzhiga of the 16th century (F.I. Karpov)//Scientific notes of Institute of history RANION. T. IV. M, 1929. Page 40.
3 Soviet encyclopedic dictionary. the 3rd prod. M, 1985. Page 551.
4 Big Soviet encyclopedia. the 2nd prod. M, 1953. T. 20. Page 251.
5 Tsit. on: V.F. Rzhiga. Decree. soch. Page 45.
6 Tsit. on: V.G. Druzhinin. Several unknown literary monuments from the collection of the 16th age//Chronicle of classes of the Imperial Arkheografichesky commission (LZAK). Issue XXI. SPb., 1909. Page 109.
7 In the same place. Page 110.
8 In the same place. Page 109-111.
9 See: V.F. Rzhiga. Decree. soch. Page 45.
10 Tsit. on: V.G. Druzhinin. Decree. soch. Page 109.
11 In the same place.
12 In the same place. Page 110.
13 See: S.O. Schmidt. Memorials of the beginning of the Moscow kingdom//Problem of studying cultural heritage. M, 1985. Page 167-168.
14 Tsit. on: V.G. Druzhinin. Decree. soch. Page 109.
Jeffrey Richardson
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