The Contracts of Kievan Rus and Byzantium

Authored by  Yulia Sagaydak, 

Doctor of Philosophy, Senior Lecturer Faculty of Law,

Kyiv National Economic University named after Vadym Hetman

In ancient times, times of Kievan  Russia,  the history of law was represented mainly by customary law, and at the same time there are contracts. It was as international treaties and  agreements as Russian princes together.

The first legal document of our country have contracts with Byzantium. These agreements - the results of the military campaigns of Kievan Russia’s princes. Contracts concluded in writing; This was new for Russia, because before that there was no written collections of customary law. "Russian law" was spoken vault customary law.

In addition, it should be noted that the development of the legal system of the Byzantine Empire was much higher than the Old Rus.

In IX - X century there was no written books of customary law. For the first time in writing were used only in the contract. The agreement was the principal means of transition from customary law to the law.

Science knows different types of contracts, including distinguished international treaties.

The first international agreements - agreements with Byzantium. This is no accident. Kyiv princes of the tenth century. conducted its foreign policy through military campaigns against Byzantium.

Kievan Rus first tried to put overseas markets and to ensure the security of the Russian merchant trade routes.

We knows firstly about hiking Oleg (907, 911), Igor (941. and 944.) Sviatoslav (971), Etc.

The result of campaigns were trade agreements.

Chronicle retained four contracts with Byzantium: Oleg 907 and 911 years . Igor  - 945. And one short contract or agreement is only the beginning Svyatoslav 971.

The agreements were composed in Greek and appropriate changes form translated into a language understandable in. All contracts differ remarkable elaboration of legal norms, particularly of international law.

Basic maintenance contracts constitute trade rules, international, private, criminal, civil law. Total and more precisely defined in the contracts procedure annual trade relations with Byzantium, and also for private relations Kievan Russians  in Constantinople to the Greeks.

Contracts Oleg and Igor determine the legal situation of the citizens of KR  in the Byzantine Empire, the mutual obligations of the parties, with the agreement of Igor 945., Concluded after an unsuccessful campaign against Constantinople, a bit, limits the rights of Russians, provided it contracts 907 and 911 years .

Under the peace treaty 907. Byzantines pledged to pay Russia monetary contribution, and then annually to pay tribute also.

Oleg achieved for russians merchants right on free trade Byzantine markets. Statement 907 has provided very extensive rights: kievan russians even have the right to bathe in the baths of Constantinople as much as they want. In 911 Oleg confirmed its peace treaty with Byzantium: This contract offers meaningful phrase: "We are old Russian ... sent by Oleg, Russian Grand Duke, and all that under his hand - light and great princes, and his great boyars ... " The treaty was completed with 14 articles.

The new peace treaty was signed after the Russo-Byzantine War 941 - 944 years in 945

Between countries recovering peaceful relations. Byzantium pledged to continue to pay an annual cash Kieavan Rus tribute and provide military contribution. There have been many articles confirmed the agreement 911

But there were new, corresponding relations of Russia and Byzantium in the middle of the tenth century. It is equally beneficial for both sides norm. However, the right of duty-free Russian trade in Byzantium was canceled.

By treaty Igor was decreed that ambassadors brought the gold seal of the prince, and merchants - silver. Contracts have found that the Russians had boats to enter the gates of Constantinople some without arms, parties up to 50 people, accompanied by imperial officials, presenting the prince clearly delineating the number of ships, names of merchants and ambassadors who came to Byzantium with peaceful goats.

Imperial officials took away the prince arrived merchants and copied the letter names ambassadors arrived princely merchants and simple (the rules against Russians pirates)

Russian merchants, the contract Igor Constantinople were only shopping season, which lasted 6 months; stay there for the winter no one was allowed. For its part, the Greeks pledged to provide food n (embassy ambassadors received salaries, and the merchants - "salary for month", maintenance of seniority Kievan Rus cities: first feed was given to merchants Kyiv, Chernihiv then, Pereyaslav and other cities), and food , Ship tackles on the road, when the Russian left Byzantium.

Igor agreement also stipulates that arrived Russian merchants "living near the monastery of Saint Mamas.

As already mentioned, ambassadors and guests from Kievan Russia all his time in Constantinople enjoyed by local government gratuitous food and gratuitous bath - a sign that these trips were regarded not as private as well as public international.

Trade was mainly as the exchange, this can be explained by a relatively small number of Byzantine’s coins found in old Russian treasures and mounds.

Also agreements shall govern the purchase commitment, no one was allowed to buy the precious fabrics more than 50 golden coins, and their merchant must show the king's officials. That, in turn, imposes on fabric printing and turning it for merchant.

The agreements contain a number of criminal and civil law.

Article 4 of the Agreement Oleg’s 911g. and article 13 Igor’s contract 945 indicate the responsibility for the murder Byzantine and responsibility for the murder Russians.

Articles are an alternative character: that the offender can be put right by the Byzantine death or killed by the custom of vendetta Kievan Rus.

Article 5 of the Treaty Oleg 911 and Article 14 of the Treaty 945 Igor established responsibility for bodily injury "sword blow" or by other object.

Articles 6, 7 and Oleg’s Treaty Articles 5, 6 Igor’s contract, speaking of property crimes are differentiated theft and robbery, and Article 6 of the Treaty’s  Igor provides an alternative in the choice of punishment for the thief "law Byzantium" or "the law of Kievan Rus»

The responsibility for theft, robbery, burglary consisted of a fine treble the value of the object to which the infringement was committed, and in the case of murder thief during his detention - the return of property that is lost.

We have seen that the the part the Rus-Byzantine agreements containing criminal law, most have the right of Rus, indicating the existence in in the tenth century. set of oral customary law - "Law of Rus”.

In trade relations, treaties governing international relations in other parts. For example, the contract Oleg 911 defines international obligation to help the ships in an emergency, disaster victims return of property (Art. 8)

Conclusion

Contracts with Byzantium played a very important role in the development of law in Russia. They contributed to the transition to more advanced legal forms and concepts. Norms set forth in these agreements affecting a wide range of issues: trade law, civil law, criminal and international.