«Reference of the Guilty» and Other Types of Procedural References in the Court Proceedings of Muscovite Russia from the Second Half of the 15th to the 17th Centuries
Year: 2025
Type: article
Abstract: The process of proof in the judicial proceedings of Muscovite Russia during the late 15th–17th centuries exhibited a number of distinctive features. One of these was the use of procedural references. The most notable among them were the «reference from the guilty», the «general reference», and the «reference in obedience». Contrary to widespread opinion, these references were not a form of witness testimony and could point to various types of evidence, including written ones. However, they were not limited to merely identifying evidence. When resorting to the «reference from the guilty», a party to the judicial proceedings expressed its willingness to lose the case if the evidence it referred to did not confirm its claims. By using the «general reference», both parties pointed to the same piece of evidence, giving it decisive significance, while the «reference in obedience», which represented an objection to the opponent’s reference, allowed them to avoid this outcome. Thus, the aforementioned types of procedural references held independent significance for resolving judicial disputes and should be recognized as a special type of proof.
Source: Actual Problems of Russian Law
Author: E. V. Staroverova
Institution: Lomonosov Moscow State University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4414513609
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