CRIMINAL LAW AND CONCILIATION AGREEMENTS IN THE MUSCOVY OF THE XVTH–XVIIth CENTURY

Abstract

The issue of possibility of concluding a conciliation agreement on criminal cases in the Muscovy of the XVth–XVIIth centuries is discussed in the article. The regulations of the XIVth–XVIIth century containing pro-visions on the possibility of concluding a conciliation agreement as to the criminal cases are analyzed. The conclusion about the possibility of concluding a conciliation agreement in relation to crimes of private matter is made by the author on the basis of the use of the formal legal method. Robbery and theft, which the legislator began to classify as crimes of a public matter is the only exception. At the same time, with regard to the possibility of concluding a conciliation agreement on cases related to theft, the legislator mitigated the position in the XVIIth century. These conclusions are supported by a microhistorical research of conciliation agreements of the XVIIth century. The author concludes that practice of concluding conciliation agreements in criminal cases of private prosecution was widespread, did not contradict the law, corresponded to legal customs and social context.