Legal responsibility in the judicial procedure of Russia based on the Sudebniks of 1497 and 1550

M.R. Zagidullin

Kazan Federal University, Kazan, 420008 Russia

E-mail: zagidullin.mr@yandex.ru

Received December 19, 2018

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DOI: 10.26907/2541-7738.2019.1.32-40

For citation: Zagidullin M.R. Legal responsibility in the judicial procedure of Russia based on the Sudebniks of 1497 and 1550. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2019, vol. 161, no. 1, pp. 32–40. doi: 10.26907/2541-7738.2019.1.32-40. (In Russian)

Abstract

The paper analyzes the provisions of the Sudebnik of Ivan III of 1497 and the Sudebnik of Tsar Ivan IV of 1550 and the court and Charter documents based on them, regulating the measures and the procedure for imposing legal responsibility for various procedural violations in the judicial procedure of that time. It has been noted that the measures of legal responsibility during this period were very severe in relation to all subjects, including judges. It has been concluded that there were measures of legal responsibility for the fraud of the court by the party, as well as (more interestingly) for filing a claim, obviously exceeding the size of the defendant's property. The recovery of the amount of the claim, which is not only material but also procedural, stands out, because it actually gives rise to material adverse to the offender procedural consequence of the termination of court proceedings in favor of the injured party. It was a successful attempt to implement the principle of procedural economy through the use of various measures of responsibility for such procedural violations as: obstruction of the court session by third parties, the failure of the plaintiff or defendant to appear at the hearing or for obtaining judicial acts, cheating the court party to the dispute.

Keywords: legal responsibility, procedural responsibility, history of civil procedure, Sudebnik of Ivan III of 1497, Sudebnik of Tsar Ivan IV of 1550

References

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2. Valeev D.Kh., Valeeva G.А. The history of science civil law and procedure: E.V. Vaskovsky and the faculty of law of the Kazan University. Аrbitrazhnyi i Grazhdanskii Protsess, 2013, no. 7, pp. 59–62. (In Russian)
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4. Egorov А.А. Evolution of the category of offense from the 9th to the 16th centuries. Аktual'nye Problemy Rossiiskogo Prava, 2016, no. 8, pp. 35–43. (In Russian)

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