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Genesis: Historical research
Reference:
Stashkov R.S.
The beginning of ensuring the safety of water transport (based on the materials of acts of Ancient Russia)
// Genesis: Historical research.
2024. ¹ 3.
P. 76-86.
DOI: 10.25136/2409-868X.2024.3.40392 EDN: ABBGNJ URL: https://en.nbpublish.com/library_read_article.php?id=40392
The beginning of ensuring the safety of water transport (based on the materials of acts of Ancient Russia)
Stashkov Ruslan Sabitovich
ORCID: 0000-0002-9919-6271
Postgraduate of St. Petersburg University of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, named after Hero of the Russian Federation Army General E.N. Zinichev
196105, Russia, St. Petersburg, Moskovsky Prospekt, 149
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fpkrus@mail.ru
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DOI: 10.25136/2409-868X.2024.3.40392
EDN: ABBGNJ
Received:
07-04-2023
Published:
08-04-2024
Abstract:
The relevance of the theme of the study is due to the fact that an objective study of the history of formation of legal norms governing the provision of transport safety on water in ancient Russia in the period from the IX – XII centuries, allows to understand the practical significance of this problem to improve the safety of people on water transport. To find out in which documents legal norms regulating safety on water first appeared. The purpose of research is carrying out of the complex analysis of occurrence of the legal norms regulating maintenance of transport safety on water in Ancient Russia, on the basis of objective studying of documentary, archival and scientific materials, using a principle of objectivity and historicism. Object of research are legal documents of Ancient Russia. Subject of research are the legal norms regulating maintenance of transport safety on water in Ancient Russia. When writing the article historical, ideographic, comparative-legal methods have been used. Scientific novelty of article consists in occurrence in Ancient Russia written normative documents containing the norms regulating questions of transport safety on water. For the first time in Russia the written legal document in the form of the international contract regulating various aspects of public relations of Ancient Russia and Byzantium in which the norm regulating transport safety on water objects contains. In addition, the collection of legal norms, Russkaya Pravda, enshrines in writing requirements that did not exist before concerning the need to observe safety on water transport.
Keywords:
Ancient Russia, treaty, transport safety, water transport, waterways, Russian Pravda, coastal law, peace treaty, ship, shipwreck
This article is automatically translated.
Introduction The history of the emergence and further improvement of transport security should be sought in ancient times. The origin of the norms known to us dates back to the time of the formation of the Ancient Russian state. Ensuring transport security in the period of Ancient Russia was an important part in the formation and development of the state as a whole. The transition from non-legal methods of protection through force to a legal method of regulation through the consolidation of legal norms has influenced the development of domestic and international relations. The geographical location of Russia allowed extensive use of sea and river transport, not only for survival through fishing, but also for hiking, as well as the development of trade relations with other countries. The consolidation of the first treaty between the Ancient Russian state and Byzantium in 911 during the reign of Prince Oleg the Prophetic contained a norm regulating relations in the field of transport, namely water security. Further development of water transport safety was initiated at a later time, when a single document was codified – Russian Truth, regulating various legal relations. The main part
Conclusion The first sources of legal regulation of issues of ensuring transport and water security date back to the times of Ancient Russia from the IX-XII centuries. This information is contained in the concluded agreements between Russia and Byzantium. The development of security issues in this branch of law was caused by a number of reasons necessary for the establishment of international relations, including the normal development of trade. The first legal document mentioning the procedure of human behavior in the event of a shipwreck was the Russian-Byzantine treaty concluded during the reign of Prince Oleg in 911. The free passage of foreign vessels did not exclude safe passage through the waters, but it helped to reduce the risk of attacks on merchant ships. With the adoption of the treaty, the usual "coastal law" at that time, characterized by barbarism and rigidity, automatically changed. Providing assistance to a shipwrecked vessel, the safety of cargo and crew has become the responsibility of an accident witness. According to the author, the above-mentioned norm served as the beginning for the further development of public relations arising in the field of safety at water bodies. Russian Truth was a collection of legal norms in Russia that regulated legal relations in various branches of law. The lengthy edition of Russkaya Pravda contained an article concerning the provision of transportation of goods by waterways, which was the first legal norm of Russian legislation affecting public relations that arose on water transport. The trend in the development of the use of water transport, as well as their importance for the development of trade relations, required attention and development not only in engineering and technical matters, but also in the legal field. Thus, at that time, the state did not yet assume responsibility for water safety, but indirectly already protects merchants who suffered from a shipwreck, fire or attack on a ship by establishing material guarantees for compensation for losses incurred. The prerequisites for the formation of the state's function to ensure water security originate in the times of Ancient Russia from the IX-XIII centuries, which makes it possible to use the historical experience of building a system of this security. In the event of a crash, the safety of the cargo and crew became the responsibility of the accident witness.
References
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2. Laurentian Chronicle, columns 5-14, 19-25. (1978). Monuments of the Literature of Ancient Russia. The beginning of Russian literature. XI-the beginning of the XII century. Compiled and general ed. by D.S. Likhachev and L.A. Dmitriev. Ìoscow.
3. Russo-Byzantine treaty 911 year. Site ANO "Ruunivers" [Electronic resource]. Retrieved from https://runivers.ru/gal/galleryall.php?SECTION _ID=7641&ELEMENT_ID=57837
4. History of Culture of Ancient Rus'. (2016). Ed. by B.D. Grekov, M.I. Artamonov; USSR Academy of Sciences, Institute of Material Culture [Institute of History]. M; L., 1951. Vol. 1: Pre-Mongolian period. Material culture.
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6. Monuments of Russian law. (1952). Vyp. 1: Monuments of law of Kyiv State X-XII centuries. Under the editorship of Prof. S.V.Yushkov, deputy dean of sciences; compiled by docent A.A. Zimin. Moscow: State Publishing House of Juridical Literature.
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8. Art. 15 Criminal Code of the Russian Federation. (1996). Sobranie zakonodatel'stva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 25. Art. 2954.
9. Art. 2.2 of the Code of Administrative Offences of the Russian Federation. (2002). Sobranie zakonodatel'stva Rossiyskoy Federatsii, 1 (part I). Art. 1.
First Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
to the article on the Beginning of ensuring the safety of water transport (based on the materials of the acts of Ancient Russia) The title generally corresponds to the content of the article materials. The title of the article conditionally looks at the scientific problem, which the author's research is aimed at solving. The reviewed article is of relative scientific interest. The author partially explained the choice of the research topic, but did not substantiate its relevance. The article does not formulate the purpose of the study, does not specify the object and subject of the study, the methods used by the author. In the opinion of the reviewer, the main elements of the "program" of the study were not fully thought out by the author, which affected its results. The author did not present the results of the analysis of the historiography of the problem and did not formulate the novelty of the undertaken research, which is a significant disadvantage of the article. In presenting the material, the author selectively demonstrated the results of the analysis of the historiography of the problem in the form of links to relevant works on the research topic. There is no appeal to opponents in the article. The author partially explained and did not justify the choice of the chronological framework of the study. In the opinion of the reviewer, the author sought to use the sources competently, to maintain the scientific style of presentation, to use the methods of scientific knowledge competently, to observe the principles of logic, systematicity and consistency of the presentation of the material. In the introduction of the article, the author said that "ensuring transport security in the period of Ancient Russia was an important part in the formation and development of the state as a whole," that "the transition from non-legal methods of protection through force to a legal method of regulation through the consolidation of legal norms influenced the development of domestic and international relations," etc., and also pointed out the first norms of law regulating public relations in the field under study. The author gave the main part of the article an independent title: "Historical acts and their analysis", which is a mistake. In the main part of the article, the author stated that "the system of ensuring the security of the state is being formed and developed in accordance with the changes taking place in society," etc., that "among the state interests is transport safety" and that "the first sources of law regulating relations in the field of transport security were formed back in the period of Ancient Russia". The author further reported that "the main modes of transport during the period of Ancient and Medieval Russia were horse-drawn and water," etc., briefly described them, briefly described the circumstances of the appearance of the Russian-Byzantine treaty of 911, and also substantiated the idea that "in Russia at the beginning of the X century there was a departure from the principles of barbaric coastal law" ("now, instead of seizing the beached ship and its property, the Russians pledged to assist in their rescue in relation to the Greek ships.") Russian russians quoted a large quote and said that the analysis of the text "allows us to share the responsibilities of Russian people in case of emergency situations with Greek ships and vice versa – in case the Greeks witness the disaster with the Russian ship." Russian Russian Law The author came to the conclusion that "the emergence of this norm in the treaty speaks of the need for legal regulation of trade relations and its importance for Russia," etc. Then the author similarly described the content of the Russian-Byzantine treaty of 944 and proceeded to assess the norms enshrined in the Russian Truth. The author described the content of the 54th article of the Lengthy edition of the Russian Truth, suggesting that its norms "have become relevant for water transport." The author explained to the reader the grounds for the onset of property liability of merchants, concluding that "two types of behavior have become clearly visible in the legislation: intent and negligence." At the end of the main part of the article, the author suggested that "the presence of the translated article of the Russian Truth regulating the transportation of other people's property by water transport had a positive effect on the trend of the development of transportation of goods in this way," etc., but that "the owner of the property could think about finding alternative ways to transport his cargo and funds." The article contains minor typos, such as: "the state strives", unsuccessful or incorrect expressions, such as: "due to the geographical location in Russia, there are many different waterways that were extensively used before the formation of a single state", "Ancient and Medieval Russia", "the difference between responsibility and punishment in the case of incidents" etc. The author's conclusions are generalizing and clearly formulated. The conclusions do not allow us to evaluate the scientific achievements of the author within the framework of his research. In the final paragraphs of the article, the author banally stated that "the first sources of legal regulation of issues of ensuring transport and water security date back to the times of Ancient Russia," etc., said that with the adoption of the Russian-Byzantine treaty, "the usual "coastal law", characterized by barbarism and rigidity," automatically changed. The "lengthy" edition of Russian Pravda "contained an article concerning the provision of transportation of goods by waterways", that "the trend of development of the use of water transport, as well as their importance for the development of trade relations, required attention and development not only in engineering and technical matters, but also in the legal field", etc. The author summarized that "prerequisites for the formation of the state's functions to ensure water security originate in the times of Ancient Russia, which allows us to use the historical experience of building a system of this security." The author did not specify what exactly "the historical experience of building a security system is useful for." The conclusions, in the opinion of the reviewer, do not clarify the purpose of the study. In the reviewer's opinion, the potential purpose of the study has been partially achieved by the author. The publication may arouse the interest of the magazine's audience. The article needs to be finalized, first of all, in terms of formulating the key elements of the research program and their corresponding conclusions.
Second Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
A REVIEW of an article on the topic "The beginning of ensuring the safety of water transport (based on the materials of acts of Ancient Russia)". The subject of the study. The article proposed for review is devoted to topical issues of water transport safety from the point of view of the history of the development of domestic law. The author analyzes the acts of Ancient Russia, revealing the origins of the current legal regulation in them. The subject of the study was the opinions of scientists, acts of Ancient Russia, and the current regulation. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the title and content of the work. The purpose can be designated as the consideration and resolution of certain problematic aspects of the issue of ensuring the safety of water transport from the point of view of its origins in domestic law. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the acts of Ancient Russia. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the provisions of the acts of Ancient Russia. Russian russians, for example, draw the following conclusion from the author: "The analysis of the text of this paragraph allows us to share the responsibilities of Russian people in case of emergency situations with Greek ships and vice versa – in case the Greeks witness the disaster with the Russian ship. Let's consider these cases by the example of obligations on the part of Russians. In the first case, it can be understood that "foreign land" means other lands that do not belong to either Russia or Byzantium. We are talking about the duty of witnesses, namely Russians who have Russian citizenship, who saw a Greek ship washed ashore, not only to guard it in order to prevent the looting of the ship from anyone who decides to encroach on property, but also to send it back to Byzantium, and to escort the ship "through every terrible place", thereby thereby ensuring the safety of property, ship and crew, if the territory of the Byzantine state is located nearby." Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of ensuring the safety of water transport is complex and ambiguous. Its origins can be searched using the historical aspect of the subject, which will reveal trends and prospects for the development of the considered aspect of the study. Also, the correct interpretation of legal norms is important for understanding by practitioners in the field under consideration. One of the areas of interpretation of legislation may be interpretation based on historical experience. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "The first sources of legal regulation of issues of ensuring transport and water security date back to the times of Ancient Russia from the IX-XII centuries. This information is contained in the concluded agreements between Russia and Byzantium. The development of security issues in this branch of law was caused by a number of reasons necessary for the establishment of international relations, including the normal development of trade. The first legal document mentioning the order of human behavior in the event of a shipwreck was the Russian-Byzantine treaty concluded during the reign of Prince Oleg in 911. The free passage of foreign vessels did not exclude safe passage through the waters, but it helped to reduce the risk of attacks on merchant ships. With the adoption of the treaty, the usual "coastal law" at that time, characterized by barbarism and rigidity, automatically changed. Providing assistance to a shipwrecked vessel, the safety of cargo and crew has become the responsibility of an accident witness. According to the author, the above-mentioned norm served as the beginning for the further development of public relations arising in the field of safety at water bodies." These and other theoretical conclusions can be used in further scientific research. Secondly, the author offers original generalizations of materials and acts of Ancient Russia on a specific topic, which may be useful to specialists in the field under study. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Genesis: Historical Research", as it is devoted to historical and legal problems. The content of the article fully corresponds to the title, since the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results cannot be fully recognized as positive. The text is difficult to perceive and understand, since the main part of the work lacks a breakdown into paragraphs and parts. Thus, it is difficult to clearly separate the opinion of the author, the opinions of other researchers, as well as quotations from materials and acts. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be evaluated poorly. The author uses few sources. It is necessary to expand the range of literature studied on the subject of the study. Thus, the works of the above authors correspond to the research topic, but do not have a sign of sufficiency, contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author has not conducted a serious analysis of the current state of the problem under study. The theoretical basis of the study should be expanded. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated by the author, but only after correcting the comments. Thus, the article can be published after expanding the theoretical base of the study, as well as after splitting the main part of the study into paragraphs and logical parts. Based on the above, summarizing all the positive and negative sides of the article, "I recommend sending it for revision"
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