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Category: History

Genesis of a form of the Russian state



m. B. Lukashevich

GENESIS of the FORM of the RUSSIAN STATE

Work is presented by department of the theory of the right and civil education.

The research supervisor - the Doctor of Philosophy, professor V.Yu. Smorgunova

The analysis of initial stages of formation of a form of the state in Russia has not only isto-riko-theoretical character, but also it is represented practically useful. In modern historical and legal literature the issue of a form of the Russian state at early stages of its development is finally not resolved as researchers often adhere to the opposite points of view on this process. In the presented work an attempt of application to the analysis of a form of the state of an anthropological method of a research is made.

The analysis of the initial stages of the state form development in Russia is not only of historical and theoretic interest but also can be practically useful. The issue of the Russian state form during the first period of its development has not been definitively settled in the modern Russian historical and juridical literature because of the contradictions in views concerning this process. The author of the article attempted to apply the anthropological research method to the analysis of the state form.

In the standard opinions in domestic historical science, formation of the state at east Slavs begins in the 9th century under the influence of a number of external factors. It is possible to refer need of a unification of certain tribes for fight against Khazar Khanate and centralization activity of Varangian konungs in the territory of Northern Russia to those. Internal factors of acceleration politogene-for represent growth of city settlements and the active trade between them which is carried out just by means of the Varangian teams including not only soldiers, but also merchants. According to V.O. Klyuchevsky, "precipitating in the big trade cities of Russia, Varangians met a population class, socially by it related and needing them here, a class of the armed merchants, and were its part, joining trade association with natives or being employed for a good forage to preserve the Russian trade ways and trade people, i.e. to escort the Russian trade caravans" 1. The question of real influence of the Scandinavian soldiers and dealers on domestic statehood, in our opinion, carried several centuries especially

ideological character. Adherents of "the Norman theory" in the majority were or representatives of "the German world", or active advocates of the monarchic beginning (N.M. Karamzin), and "antinormanists" were "pochvennik" (I.D. Belyaev) or, later, official historians of the Soviet era (M.N. Pokrovsky). Now it is expedient to approach this perspective from positions of the social anthropology allowing to analyze more deliberately historical events. External impact on process of formation of statehood existed in various regions of the world (India, Ancient Greece, Ancient China), and in it there is nothing unusual. In Russia the Varangian teams also acted as the consolidating force, however initially formation of complex political systems resulted from formation of the city-states uniting around themselves rural communities. Thus, "emergence of the city centers was a key factor of strengthening of the new territorial communities based not on breeding, and on economic and political is uniform -

1 14

a stvo - policemen of areas. They played an important role in unity of the territorial unions of tribes, in formation protostate (prestate, pragosudarstvenny) institutes" 2. The city centers gradually undertook functions of coordination and management of the subordinated territory. Not the last role in this process is played by the exchange communications rallying certain tribes and patrimonial groups in uniform territorial community. The Old Russian city, according to a number of researchers, appears "at a late stage of a tribal system when are formed large breeding and boundaries - the breeding associations called in the chronicle glades, Drevlyans, northerners, slovena, Krivichi, polochana and so forth. Emergence of the breeding unions inevitably assumed the organization of the centers providing their existence. The cities were them also. In them the breeding authorities stayed: leaders (princes), elders (aged men town). There the veche - the Supreme body of the breeding union gathered. Here the general army was formed if in it there was a requirement. In the cities, religious shrines of the united tribes were concentrated..." 3.

Thus, before us - the typical vozhdestvo evolving from breeding community to territorial wounds - to it to the state. The Varangian element as it was already specified, undertook mediatorial and security functions and also at the end of the 9th century gave to Russia a uniform ruling dynasty which "Scandinavian" lines disappeared already through 2-3 generations as a result of an oslavyanivaniye (the ruling layer did not form the closed caste and was quickly enough dissolved in local culture).

For Varangian princes and their teams functions of external protection of the country and management of its separate parts long enough remained. "Leader-stva" real centralization ustry - the line of princes could not go on stages further establishment of own control over cent -

Rami of transit trade and craft (Kiev, Novgorod, Smolensk, Polotsk). Rural communities (verva) and the cities in the everyday life were guided by customs and were not under pressure from princely administration. The Potestarny power first of all was based on such popular phenomenon as to a polyudya. It should be understood extremely widely. It is the whole complex of the public relations including economic, political, judicial, religious and other functions. According to Yu.M. Kobishchanov, "economic contents polyudya is that it established the long, rather regular, fixed by custom withdrawal of an additional product at organized communities of small producers with personal participation of heads of the early states" 4. In principle, the Old Russian statehood long stayed at rather superficial level of development. The power covered all new territories, however did not seek to control private life of people and could not achieve actually it owing to absence of branched administrative personnel. Political development of Russia and Western Europe till a certain moment was carried out according to the similar scenario (long period of early statehood, the domination of common law complemented with separate acts of supreme authority). From these positions it is possible to say that Kievan Rus' is the European state and dynamics of its culture coincides in general with the West (considering, of course, time difference: barbaric kingdoms are formed in U-U1 of centuries, and Russia - in the 9th century).

Then the rights there is D.S. Likhachev considering that "usually Russian culture is characterized as intermediate between Europe and Asia between the West and the East, but this boundary situation seems, only if to look at Russia from the West. Actually influence the Asian -

PUBLIC AND HUMANITIES

the ky nomadic people in settled Russia it was insignificant. The Byzantine culture gave to Russia its spiritual and Christian character, and Scandinavia generally - military druzhinnoye organization" 5. It is senseless to Kievan Rus' to call "The European way" in question, it is only necessary to consider a geographical situation (the huge open spaces which are easily overcome by nomads). Besides, it is necessary to imagine enough clearly and the fact that unlike the West which inherited antique achievements in spheres of management, the right and philosophical thought, Russia borrowed from Byzantium first of all ecclesiastical writing and ritualism, but not actually political system and legal principles. Byzantium X-X11 of centuries already lost progressiveness of development and bent all efforts on maintaining unity of the country. The unity could be provided in those conditions only as a result of expansion of action of the principle of "symphony" of the authorities. According to I.P. Medvedev, "the increasing merge of two independent authorities in Byzantium - civil and church - was reflected also in the right of this time, in law per se, in enhanced action of the Byzantine lawyers on drawing up legal collections to whom monuments of the civil and church legislation" 6 are alternately presented (in ekstserpta or completely).

We will note one more characteristic detail: the statehood of the West in many respects was based on a contract basis. The western Middle Ages are penetrated by a set of split-level contracts. Even relationship good luck could receive a contractual form. This fact is noted by many modern scientists. For example, Yu.M. Lotman considers: "In knightly life of the West where the relations good luck and Saints can be modelled on the "sovereign-the vassal" system and submit to a conditional ritual of type of dedication in knights and services to the Lady, the contract fastening it a ritual, gesture

parchment and the seals are dawned an aura of sanctity and receive the highest value authority. In Russia the contract is perceived as business purely human, in value: "human" as opposite to "divine". Introduction of God kissing when it is necessary to fasten the contract, demonstrates that without unconditional and non-contractual divine authority it is insufficiently guaranteed" 7.

Respectively, degree of traditionalism was much higher, than in the countries of the West which statehood initially ate heritage of antiquity. The weakness of the central power in Kievan Rus' objectively led to independence of rural and city communities. This aspect of life of Old Russian society is reflected in chronicles and also noted by many modern writers. For a special role of the communal beginning, undoubtedly, the huge territory of the state and "patrimonial" possession of it of Rurik's successors made impact. In the environment of a ruling dynasty there was no accurate system of transition of the power from one grand duchy to another. Having added to it lack of the centralized bureaucracy, we will receive rather amorphous political education. In fact, "Ryurik dynasty came to the Russian cities with the relatives and team, but not with feudal lords in the western sense of the word. Without having an opportunity to dispose freely of Russian lands, Varangian princes could not attach to themselves the combatants economically, distributing them the earth in property. If in the West presence of such opportunity at kings led to early formation of hierarchy of property and vassal dependence of feudal lords on the señores who formed the basis of the feudal relations in the European countries, then the team of the Kiev prince was not connected with it the vassalitet relations. The relations of the prince and team initially were under construction on a voluntary basis which basis with -

stavlyal principle of personal devotion and association" 8.

In principle, the Kiev princes acted first of all as military leaders and what any given of them was more successful, it could bring together the bigger number of colleagues by that around itself(himself). The team in general acted as the managing center. From its number deputies to the cities and administrators in rural communities were appointed. Besides, the team was that tool by means of which the prince could carry out the functions. Throughout the domongolsky period of history of Russia it is possible to observe essential contradictions between princes and the cities. A number of the cities managed to achieve autonomy from princely administration (Novgorod, Pskov), and in others (Smolensk, Kiev, Galich) there were collisions of citizens with princes which were coming to an end with exile or even death of the last from time to time. Therefore objectively "during transition from "military democracy" and formation of Old Russian statehood the prince in the actions (prezh-

all military and police officer and diplomatic character) constantly was guided by team and if directly did not carry out its instructions, then to a degree was all the same forced to reckon with her opinion" 9.

Among other things, the majority of the cities represented the self-coping communities (in particular Southwest Russia) defending the independence of encroachments of princely administration. In general the Old Russian statehood did not give the centralized political association owing to weakness of the most supreme authority. Disintegration of the uniform state in the 12th century only promoted strengthening of anarchy and mezhduknyazhesky conflicts. Probably, watching sad reality, Daniil Zatochnik gave to the contemporaries the following advice: "Have to yourself no yard near a tsarev of the yard and do not hold the village near the knyazhy village: because tiun it are as fire, on an aspen kindled, and its ryadovich - that sparks. If from fire also you usterezhtsya, then from sparks you will not be able usterechsya and you will burn clothes" 10.

1 V.O. Klyuchevsky. Russian history. A full course of lectures in three books. The first book. M, 1995. Page 114.
2 S.V. Yushkov. History of state and law of Russia (1X-X1X centuries). Rostov-on-Don, 2003. Page 11.
3 I.Ya. Froyanov, A.Yu. Dvornichenko. City-states in Ancient Russia//Formation and development of early class societies (city and the state). L., 1986. Page 215-216.
4 Kobishchanov of Yu.M. Polyudye: phenomenon of national and world history of civilizations. M, 1995. Page 236.
5 D.S. Likhachev. Thoughts about Russia. SPb., 1999. Page 35.
6 I.P. Medvedev. Legal culture of the Byzantine empire. SPb., 2001. Page 230.
7 Yu.M. Lotman. History and typology of the Russian culture. SPb., 2002. Page 24-25.
8 N.A. Omelchenko. The history of public administration in Russia. M, 2005. Page 79.
9 V.V. Eremyan. Municipal history of Russia. Ancient Russia (from community sort to community state). M, 2005. Page 449.
10 Stories of Ancient Russia. M, 1983. Page 423.
Luisa Hede
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