Legal Status of Moskovia during 16-17th Centuries

Abstract

The authors of this article consider the development of the political, administrative and law spheres of the early modern Russian state against the backdrop of similar processes taking place in the neighboring states of Europe at this time. Analyzing the administrative and legal practices inherent in European states and in Russia of the late middle ages -early new age, the authors come to the conclusion that the notion of Muscovia, formed as a despotic state based on the absolute power of the Moscow tsars and the lack of rights of their subjects, is based on the subjective impressions of foreign observers. The latter, getting into the "closed" Moscow society, failed to understand the peculiarities of the Russian state power mechanisms functioning and their legal basis, based on traditions not recorded in written law. Having perceived the official Moscow political declarations as the real legal foundation, on which the early Russian state was built, foreign observers did not notice the everyday life behind this front façade, which had little in common with the officially proclaimed doctrine. The reality was to build a thin balance of interests between the supreme power and local government, based on the observance of "old traditions" by both sides. In this regard, the Russian state of the late middle ages -early new age can be considered a legal one, if we understand by "a law" not only the written law, but also the customary one.