1. Introduction

The purpose of this work is to trace how blood feud arose and developed among eastern Slavs, to highlight the main stages of the change in blood feud, and to understand how the transition took place from custom, when relatives themselves did justice, to state court, Based on how these norms were enshrined in law. Also find out what role the criminal’s wealth played and why the fine for all free people was the same.

The blood feud of the eastern Slavs existed even before the formation of the ancient Russian state. The principle was simple: for the murder, the offspring of the offed (according to the formula of the thallion principle «an eye for an eye, a tooth for a tooth»). An example of such a principle can be seen in the revenge of Princess Olga for the murder of her husband, Prince Igor. Olga, using a ruse, demanded tribute in the form of pigeons and sparrows, and tied to the birds burning lobsters, set the city on fire.

1. Material and methods

The first written norms of blood feud were enshrined in treaties with Byzantium, from 911 and 944. In the year 911 it was established — «…as a means of coercion against the criminals, blood revenge and property penalties were established…» The legislator recognizes two legitimate ways to respond to a crime: private assault and compromise in the form of monetary or property ransom (fine) in favor of the injured party [4].

Both options are recorded in the agreement, which shows that blood feud at the beginning of the 10th century was not considered a barbaric legacy, but was legally recognized as an institution of Russian customary law [5].

          The treaty of 944 retained similar provisions. This took into account the property status: if the murderer was wealthy, a relative could claim part of the property; the poor murderer expected the death penalty. This is confirmed by article 13. It retains the rule of punishing murder, which remains blood revenge by the offspring of the victim or ransom in favor of relatives. It is worth noting that the treaty of 944 does not abolish blood feud entirely. There are still two options for murder: revenge by the relatives of the murdered or property ransom in favor of the same relatives [6].

Around 1016, the «Russian Truth» of Prince Yaroslav the Wise appeared — the first major code of laws of Kyiv Rus. It enshrines blood feuds in its first article. Here is a quote: «If the husband of a man kills the brother of a man, or if the son of a father is killed, or if the brother of a son is killed, or if the brother of a son is killed, or if the brother of a son is killed, or if the sister of a son is killed; if there be no one who kills, then 40 hryvnias per head.» The article records two forms of reaction to murder: blood feud — if there is a avenger, and a monetary fine — if there is no avenger [7]. This is the transition from customary to written law. Here are also listed only the closest relatives: brother, son, father, nephew (brother, sister son). Alternative — 40 hryvnia. The appearance of the virus indicates the penetration of monetary relations into the criminal law [11]. The same size for all free people, which emphasizes equality of free people before a fine.

In the third quarter of the 11th century, and specifically after the death of Yaroslav the Wise in 1054, his sons legally prohibited blood feud [12]. This is recorded in the expanded edition of «Russian Truth» («Yaroslav’s Truth») [13].

Instead of retaliation, a system of fines was introduced: virah — for the murder of a free person, semivirah — for serious maiming, other fines for less serious crimes. This step became part of the strengthening of princely power and centralization of justice — the state took over the function of punishment, supplanting tribal self-regulation.

Results and discussions

During the study:

1) the evolution of the institution of blood feud in Old Russian law based on an analysis of written sources of the X-XI centuries has been considered;

2) the transition from the archaic custom of generic revenge to the gradual restriction of this institution and its replacement by a system of property penalties has been considered;

3) changing the circle of avengers and the appearance of an alternative in the form of a fine (vira) have been studied;

Conclusion

Based on the above, blood feud among the eastern Slavs was an ancient custom. At the beginning of the 10th century, it was recognized as a legal institution: the treaties between Russia and Byzantium of 911 and 944 allowed for murder either revenge or property ransom. In the «Russian Truth» of Yaroslav the Wise (around 1016), revenge was limited only to the closest relatives, and in the absence of a avenger, a fine of 40 hryvnia was imposed. The common size of the currency for all free people showed the penetration of commodity-monetary relations into law. The final prohibition of blood revenge was established by the sons of Yaroslav in the second half of the 11th century («Truth of Yaroslav»). Instead of revenge, there was a centralized system of fines (vira, semivirir, etc.). So the state took on a monopoly of punishment, replacing familial self-regulation with public justice.