LEGAL FOUNDATIONS OF LAW ENFORCEMENT ACTIVITIES IN THE PRINCELY ERA

Abstract

The article attempts to analyze the legal foundations of law enforcement activities during the princely era. It is argued that it was at this time that the legal foundations of activities aimed at ensuring law and order, combating crime, and punishing criminals were laid on the basis of the germs of the national legal system. However, the functions of ensuring and protecting law and order during the princely era were not yet separated from general administration, which was carried out by the Grand Duke of Kyiv with his retinue and senior officials, as well as by local princes subordinate to him with their retinues, and representatives of the local administration. A significant feature of the formation of the law enforcement system during the princely era is the influence of the tribal system on its formation. Customs that established the types and methods of punishment, investigative procedures, and trials were widespread. The emergence of the law enforcement system is closely linked to the process of formation and evolution of the Ancient state. Among the sources of Old Kyivan law, the most prominent place is occupied by treaties between princes, in which legislative acts were adopted aimed at ensuring law and order, and issues of refraining from actions against the parties who concluded the agreement were resolved. The primary form of state-legal regulation of law enforcement activities was also the treaties of princes with the people, princely legislation. A significant part of the legal culture and legal awareness of the people was the spiritual and legal ideas of Christianity, which significantly influenced the maintenance of law and order. The most important source of state and legal regulation of law enforcement activities is Ruska Pravda, which most fully discloses the legal norms characteristic of that time. If customary norms did not distinguish between a criminal offense and a civil offense, from now on a crime was considered a violation of public order. In addition to the obligation to privately compensate for material or moral damage, the criminal was subject to state punishment. Ruska Pravda distinguishes between the subjective side of a crime against life, intent and negligence. Increased responsibility was established for crimes against honor. The absence of the death penalty, corporal and shameful punishments in ancient Kyivan criminal law is a characteristic manifestation of humanity.