1. Introduction

The Pskov Judicial Charter, adopted in the XIV century, is an important legal document of medieval Russia, which laid the foundations for the further development of Russian legislation. The legal norms of this document were first codified and formed the basis of the judicial codes of 1497 and 1550.

In the conditions of feudal fragmentation and lack of uniform regulation of local legal traditions, the Pskov Judicial Charter became a legal act that streamlined the judicial process and regulated civil legal relations, which contributed to the strengthening of law and order and stability in the Veche Republic. It was the most complete codified set of norms of civil, criminal and family law in Russia. As a fundamental normative legal act, the Pskov Judicial Charter enshrines the basic principles underlying the functioning of local self-government of the Pskov Veche Republic and universal order. Among them: articles on the right of ownership, rights of obligation, inheritance and other [1]. It is these provisions later formed the basis of modern Russian legislation regulating different spheres of legal relations.

The Pskov Court Charter, in fact, became the only historical document reflecting the peculiarities of the formation of socio-economic processes in the Pskov Veche Republic, based on the foundations of local self-government of the territory [7].

Thus, the Pskov Judicial Charter was not only regulating the current legal processes in the republic, but also contributed to their evolution, adaptation to changing socio-economic conditions, which laid the foundation for modern codified legal acts. In this context, it is important to study how the norms enshrined in the charter influenced the formation of civil rights and obligations, as well as the development of institutions regulating legal relations in different spheres.

2. Materials and methods

The Pskov Judicial Charter is a normative legal act of the Pskov Veche Republic, which underwent several revisions [2].

The first edition, according to one version, was compiled in 1397 and represented a summary of Pskov duties, supplemented with extracts from the most ancient legislative monument of Pskov — the charter of Alexander Nevsky.

Subsequently, the text was repeatedly edited, resulting in the second edition of 1409-1424.

The surviving lists give the third edition, which is attributed to the second half of the XV century. It represents the second edition with late additions [5].

Finally, the Pskov court charter was adopted at the national assembly in 1467, becoming the first popularly approved normative legal act regulating legal relations of the inhabitants of the republic in all legal spheres.

A number of historians believe that the basis for the appearance of the document protecting the rights of Pskovites, was the fact that a governor from Moscow was appointed to Pskov [2].

The sources of the Pskov Judicial Charter were both all-Russian legislation and local, formed under the influence of social and political realities of North-Western Russia.

The Pskov Judicial Charter was adopted in the conditions of Pskov’s aspiration to strengthen its positions among neighbouring principalities, as well as to settle trade and economic relations in the legal field. Pskov sought to bring legal norms into a unified system and to create a single legal framework for the regulation of social relations.

The document, first of all, reflected local legal traditions and customs. At the same time, this act contributed to the strengthening of law and order in the territory, which was extremely necessary.

The Pskov Judicial Charter conditionally consisted of parts.

The major part of the legal regulation of the Pskov Judicial Charter was assigned to civil legal relations.

The document defined the legal aspects of property ownership, classifying it into private and general. Special attention was paid to the right to real estate – the «fatherland» (land, forests, courtyards, fishing grounds), as well as to movable property called the «belly». A distinction was made between inherited land ownership – «patrimony» and conditional land ownership — «feeding». «Feeding» was one of the types of property law, implying the temporary use of someone else’s property. «Feeding» arose as the right to use the property of the deceased spouse for the surviving spouse for the period of his life or before entering into a new marriage. The methods of acquiring ownership rights included: transfer by agreement, inheritance, gratuitous transfer, gift, receipt of offspring from livestock, as well as acquisition of rights as a result of long-term ownership of property. [5].

The charter clearly defined the rights of owners to land and property, which contributed to the development of private property and the formation of market relations. This, in turn, contributed to economic development and strengthening of the local economy.

The Pskov Court Charter also regulated various types of obligations (surety, mortgage, procurement). The list of contracts to be regulated included sale and purchase, exchange, gratuitous transfer of property, pledge, loan, storage, rent of residential premises and labour hire. Pledge occupied a special place among property rights. A distinction was made between pledge of movable property, when the pledged object remained with the creditor until the debt was repaid, and pledge of real estate, when the real estate remained in the debtor’s possession, but the title documents were transferred to the creditor. The form of the contract could be either oral or written. For example, a storage contract, according to Articles 16-17 of the Pskov Judicial Charter, required mandatory registration in the form of a record. However, in exceptional circumstances, such as travelling abroad, fire or looting of a house, it was allowed to conclude an oral storage contract. Significant importance was attached to the determination of the term of fulfilment of obligations. Thus, for example, a loan agreement, in accordance with Articles 73-74 of the Pskov Judicial Charter, could provide for the accrual of interest.  If the lender reclaimed the debt ahead of schedule, he lost the right to receive interest.

The main way of formalising a transaction was a written record, a duplicate of which was deposited in the archives.[11] All contracts were concluded in the presence of witnesses and a clergyman. The establishment of clear rules for the conclusion of transactions and the fulfilment of obligations was of paramount importance, especially when oral agreements were often the cause of disagreements.[7]

One of the key aspects of the charter was the definition of rights and obligations of citizens, which contributed to the formation of the foundations of civil law. Debt obligations fell not on the person of the debtor, but on his property. This excluded the widespread practice of debt slavery.

The charter also established procedures for dispute resolution, which helped to strengthen the rule of law and reduce the level of conflict in society. The Pskov Judicial Charter paid great attention to the responsibility of family members the state did not assume obligations for the debtor [8].

         The inheritance law recorded in the Pskov Judicial Charter had a significant impact on the evolution of civil legislation. The charter established the order of inheritance, which contributed to the establishment of stable property relations and prevention of disagreements between heirs. The norms of family law presented in the Pskov Judicial Charter have their roots in an earlier legal document — the Russian Pravda. All marriages were under the control of the church.

          The age of marriage was 12-13 for girls and 14-15 for boys. Betrothal was an obligatory stage before marriage. Children were betrothed when they were about five years old by consent of their parents, waiting until they reached the age of marriage. Divorce was forbidden. The husband was the head of the family. If one spouse died, the surviving spouse had the right to remarry. A third marriage was not allowed. Any degree of kinship was an unconditional obstacle to marriage. As for the regulation of inheritance, the court charter distinguished between two types of inheritance: by law (by the closest relatives) ‘otmorshchina’ and by will (in writing and certified by the state) ‘prikaznoe’. A written will was called a ‘manuscript’. For a will to be recognised as valid, it had to be written and deposited in the city archive. In case of disputes about the right to inheritance, its authenticity could be confirmed by the testimony of four or five witnesses or outsiders (Article 55 of the Pskov Judicial Charter). [9]

        The Judicial charter envisaged situations when the property was transferred to the heir not in ownership, but in lifetime use, excluding the possibility of its alienation. In inheritance law, disinheritance was allowed for reprehensible behaviour of the heir. Children could be deprived of the right of inheritance by law if they separated from their parents, for example, a son who left home and did not support his parents (Article 53 of the Pskov Judicial Charter). A widowed spouse had the right to use the property of the deceased spouse until remarriage or until his death. Upon remarriage, the property passed to the disposal of the relatives of the deceased. [5],[9].

Regulation of criminal legal relations of the Pskov Judicial Charter introduced in the concept of ‘crime’ causing damage not only to a natural person, but also to the state.

In addition, the Pskov Judicial Charter described in detail the process of legal proceedings. Consequently, it also represented a procedural codification. The process was generally adversarial, i.e., it was based on the principles of procedural equality of the parties and the division of functions between the prosecutor, the defence and the court.

The summons to court was issued by summons (‘pozovnitsa’). Written evidence was also noted among court evidence. The institution of judicial representation emerged, which could be used only by women, the deaf, teenagers, monks and the elderly. At the same time, such an archaic form of proving one’s rights as a court duel (pole) was preserved: an armed single combat of the parties or their representatives before the court [4].

There was no more detailed normative legal act than the Pskov Judicial Charter, supported by popular vote, at that time in Russia. The current normative legal act — the Russian truth in the main its content defined the norms of criminal law and only touched some moments of procedural, inheritance, commercial law. This act did not regulate civil-law relations in detail. The sources of the Russian Pravda were the discretion of princes, borrowings from Byzantine and Scandinavian law, and the influence of the Orthodox Church.

The judiciary, guided by the norms of the Pskov Court Charter, ensured the protection of citizens’ rights and the resolution of disputes. This contributed to the formation of legal consciousness and legal culture among the population, which in turn strengthened confidence in the judicial system.

Thus, the Pskov Judicial Charter became an important source for the development of later legislative acts. Thus, for example, the 1497 judicial book absorbed many norms of the court charter, including the system of obligations, forms of contract and the legal position of inheritance [7]. The Pskov court charter laid the foundations for subsequent legislation, reflected the peculiarities of socio-economic life of the Pskov Republic and had a profound influence on the formation of the entire system of Russian law [11].

3. Results of the research

As a result of the conducted research:

— the content of the Pskov Judicial Charter has been analyzed;

— conclusions were made, confirmed by analytical data and historical data;

— the influence of the Pskov Judicial Charter on the development of legal institutions of the present day was revealed.

4. Conclusion

The study of the influence of the Pskov Judicial Charter on the legal system of Russia allows a deeper understanding of the historical roots of modern civil legislation in Russia and its evolution in the context of local legal traditions.

The Pskov Judicial Charter became an important stage in the development of legal culture in Russia, shaping the population’s understanding of the importance of written law and legality. Many norms of the charter were transferred to subsequent legal acts, which indicates its significant influence on the development of Russian law. The charter reflected the peculiarities of the social and economic development of the Pskov Republic, which makes it a unique source for the study of legal history. Its norms regulated a wide range of civil law relations, including property law, contract law, inheritance law and obligatory relations, which makes it a valuable source for studying the evolution of civil law.

The Pskov Judicial Charter had a tremendous impact on civil law institutions, which contributed to the stability of property relations. The established rules for resolving disputes over land and movable property became the basis for further development of the institute of property. The norms regulating transactions of sale, pledge, loan and hire created a legal basis for the development of contractual relations. The charter laid the foundations for inheritance, both by law and by will, which helped to regularize property relations between generations.

In general, the document represents a part of the cultural heritage of the Pskov region, emphasizing its contribution to the development of the Russian legal system.