Service Nomadism of the Roma / Gypsies in the Russian Empire: A Social Norm and the Letter of the Law

Ab Imperio ◽  
2021 ◽  
Vol 2021 (1) ◽  
pp. 51-92
Author(s):  
Marianna Smirnova-Seslavinskaya
Keyword(s):  
Social Norm ◽  
Russian Empire ◽  
The Law ◽  
The Russian Empire

scholarly journals Legal nihilism in resolving family conflicts of nobles and peasants of Russian Empire in the first third of XIX century

2021 ◽  
Vol 6 (3) ◽  
pp. 22-30
Author(s):  
S. P. Volf ◽  
Keyword(s):  
Family Relations ◽  
Russian Empire ◽  
Russian Society ◽  
Family Conflicts ◽  
Raising Children ◽  
The Law ◽  
The Government ◽  
New Perspective ◽  
The Russian Empire ◽  
Xix Century

The article highlights the ways of resolving family conflicts nobles and peasants in the first third of the XIX century in the Russian Empire, against the background of the ongoing systematization of legislation. Based on examination of the letters and memoirs of the nobles and peasants we highlighted the methods, which are actually used to solve family conflicts. I conclude that nobles and peasants rarely used help of the state in resolving family conflicts. The sphere of family relations was sacred for these estates; therefore, they did not rope the authorities into family conflicts. I have identified the following ways to resolve family conflicts: duel; marriage, often in the form of a secret wedding; going to the monastery and punishing the unfaithful wife; different approaches to raising children by peasants and nobles. The author of the article pays attention to passivity of the peasants in resolving their family conflicts. The results of the study allow exploring the alternative ways of resolving family conflicts based on representatives of other classes of Russian society in the first third of the 19th century (clergy, merchants, philistines, foreigners) as well, using wider range of sources (journalism, normative acts, fiction, paperwork). This analysis contributes to the discussion about the limits of the government intervention into family affairs. The author of the article redlines that people did not trust the law and resorted to the personally legitimate sources of dealing with family conflicts. This conclusion presents a new perspective in the discussion of legal nihilism and real application of the law in life

scholarly journals Practice of relationships between the Prosecutor’s office and the gendarmerie in the investigation of political crimes

2018 ◽  
Vol 83 (4) ◽  
pp. 28-37
Author(s):  
V. P. Gorbachov
Keyword(s):  
Russian Empire ◽  
Judicial Reform ◽  
Mutual Understanding ◽  
Political Repression ◽  
Impartial Observer ◽  
The Law ◽  
The Russian Empire ◽  
The Right ◽  
Council Of Ministers ◽  
The Relationship

The article discusses the practice of the relationships between the Prosecutor’s office and the gendarmerie, which formed during the investigation of political crimes in the Russian Empire after the judicial reform of 1864. It is indicated that the law of May 19, 1871 changed the legal relationships between the gendarmerie and the Prosecutor’s office. The gendarmerie was given the right to conduct an inquiry, and the prosecutor’s office was entrusted with the supervision of this activity. Central agencies targeted the prosecutor’s office and the gendarmerie to coordinate their activities in the investigation of political crimes, which resulted in their gradual rapprochement. In practice, the Prosecutor’s office began to take an active part in the conduct of inquiries on the state crimes. As a result, it gradually lost its original meaning “guardian of the law and an impartial observer for the correctness of the actions of a person who conducted the inquiry”. The actual relationships between the Prosecutor’s office and the gendarmerie was not unambiguous. They largely depended on specific individuals and could be diametrically opposed. Along with the relations of “mutual understanding” there were also facts of direct conflicts between the prosecutor’s office and the gendarmerie. Despite such different relationship, in society, the existing level of political repression “was attributed to the joint and solidary activities of zealous gendarmes with zealous prosecutors”. The career of prosecutors depended largely on the relationship with the gendarmerie. Later, during the inquiry, many prosecutors began to lose their impartiality and gradually turned into agents of gendarmerie goals. According to the figurative expression of the former Chairman of the Council of Ministers S. Witte, the Minister of justice himself “from the Supreme guardian of legality became an assistant to the chief of gendarmes and the chief of secret police”.

scholarly journals The question of the teaching of God's Law in the Journals and Minutes of the Presidium of the Supreme Court

2019 ◽  
pp. 226-235
Author(s):  
Владислав Иванович Пшибышевский
Keyword(s):  
Russian Empire ◽  
Educational Institutions ◽  
Religious Knowledge ◽  
Knowledge Of God ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Russian Empire ◽  
The 19Th Century

Предмет «Закон Божий» являлся один из самых главных предметов в низших и средних учебных заведениях Российской империи на протяжении двух веков. Под влиянием предмета, дающего знания о Боге, предмета важного не только в образовательном, но и в воспитательном значении, выросло не одно поколение православного населения России. Изучение этого предмета было обязательным для всех детей, принявших Святое Крещение в Православной Церкви. Закону Божию обучали и на дому, но главным местом, где ребёнок мог впитать религиозные знания, была школа. Преподавали Закон Божий в основном священники, а должность их называлась «законоучитель». Законоучитель наравне с другими преподавателями пользовался всеми правами государственной службы. К концу XIX века появились проблемы, связанные с процессом преподавания Закона Божия, в отношении предмета учебные программы устарели, в отношении законоучителей появлялись, в силу определённых обстоятельств, неоднократные случаи нерадивого отношения к своему делу, в отношении самих учащихся было зафиксировано большое количество случаев активных выступлений против изучения Закона Божия. Все вышеперечисленные проблемы пытались решить в свете церковных реформ начала прошлого столетия. Данная статья посвящена вопросу преподавания Закона Божия в работе Высочайше учреждённого Предсоборного Присутствия. В исследовании рассмотрено место предмета «Закон Божий» в заседаниях данного органа, заинтересованность им членами Присутствия, предложения по улучшению качества преподавания столь важного предмета и его сохранению в списке обязательных предметов в учебных заведениях Российской империи. The subject of the Law of God was one of the most important subjects in the lower and secondary schools of the Russian Empire for two centuries. It was a subject which gave knowledge of God, a subject important not only in its educational, but also in its educational meaning, and under the influence of which several generations of the Orthodox population of Russia grew up. The study of this subject was obligatory for all children who received holy Baptism in the Orthodox Church. The Law of God was also taught at home, but the main place where a child could absorb religious knowledge was in school. The Law of God was taught mainly by priests, and their post was called a teacher of the law. The teacher of the law enjoyed all the rights of public service on an equal footing with other teachers. By the end of the 19th century, problems associated with the process of teaching the Law of God had appeared, the syllabus for the subject was out of date, there were repeated cases of negligence on the part of the teachers, and there were many cases of active protests against the teaching of God's Law by the students themselves. All the above-mentioned problems tried to be solved in the light of the church reforms of the beginning of the last century. This article is devoted to the question of teaching God's Law in the work of the Presidium of the Most High Council. The research examines the place of God's Law subject at the meetings of this body, the interest of the Presence members in it, the suggestions to improve the quality of teaching such an important subject and its preservation in the list of obligatory subjects in the educational institutions of the Russian Empire.

scholarly journals THE FIGHTING OF THE CARALIAN AUTHORITIES OF CZARISM WITH THE UKRAINIAN POLITICAL PARTIES OF THE ADVENTURES IN THE YEARS OF THE FIRST THE RUSSIAN REVOLUTION

2020 ◽  
pp. 84-102
Author(s):  
О. Сарнацький
Keyword(s):  
Political Parties ◽  
Russian Empire ◽  
Russian Revolution ◽  
Judicial Power ◽  
National Liberation ◽  
Revolutionary Movement ◽  
Royal Court ◽  
The Law ◽  
The Russian Empire ◽  
Judicial Procedure

The actions of the juridicalbranch of power of the autocracyin relationto the activity of oppositional political parties founded at the end of the 19-th – beginning of the 20-th centuries in Russian Empire and headed liberatoryand national-liberatorymovement in the country, whichwere aimed at ceaseof their politicalactivity and occurred simultaneously with administrative repressions over political opponents of the existing system.After all, the law in force in the empire until October 1905 did not allow the existence and activity of any political partiesin the country. In the conditions of the lawfulness proclaimed by tsarism (even with all its limitations), the authorities were forced to resort to court assistance. The accusatory verdict was the most severe punishment.During the First Russian Revolution, which began at this time, the judiciary in every way promoted the local administrative authorities in defining its properties of the committed «criminal acts» and punishing the perpetrators. More or less «condescending» sentences of judges against representatives of the revolutionary and national liberation movements in 1905 forced the tsarist judiciary to review such a judicial procedure and strengthen its harshness on defendants who committed crimes against the authorities. Subsequently, the Ministry of Justice issued a variety of secret circulars, aimed at intensifying the struggle of the courts against the revolutionary movement, and the court machine of the tsar began to increase pressure. The law of March 18, 1906, restricted the publicity of the court and the timeframe for hearing cases, abolished the requirement to record witnesses’ statements in the minutes and to motivate sentences. On May 11, 1906, the Ministry of Justice issued a circular to the courts No. 2015, which stated that cases of the most serious state crimes should be heard in the special presence of the court chamber behind closed doors. It consisted of a provincial nobleman, a mayor, and state representatives. The judicial power of the autocracy was actively “working”, punishing representatives and supporters of Ukrainian political parties when their activities were related to elections to the Second State Duma. At the same time, the royal court severely punished representatives of Ukrainian political parties, even if they were considered underage by the laws of the Russian Empire, without even considering some of them as guilty.

scholarly journals The Law of Russian Empire on Jews as a Nationalist Text

2020 ◽  
pp. 40-54
Author(s):  
Leonid M. Golikov
Keyword(s):  
Mutual Influence ◽  
Russian Empire ◽  
Religious Community ◽  
Religious Groups ◽  
Political Discourses ◽  
Speech Genres ◽  
Structural Content ◽  
Legislative Regulation ◽  
The Law ◽  
The Russian Empire

The results of the study of the Law of the Russian Empire on Jews are presented. It is stated that these documents form a hybrid discursive community of texts, combining the directivity of the law and the persuasiveness of the nationalist text. The relevance of the work is due to the fact that the study of the normative texts of the legislation of the Russian Empire (XVIII, XIX centuries) allows not only to reveal the patterns of development of the language of law, but also to supplement information about the linguistic and pragmatic characteristics of speech genres. The novelty of the study is seen in the fact that examples of the mutual influence of legislative and socio-political discourses are considered. From the layer of legislative acts regulating the legal relations of Jews, the author singles out the nationalist law on Jews, which distinguishes the focus on forcing the addressee to causate the situation of protecting Christianity from the hostile influence of the Jews, on overcoming the situation of non-use (harm), where the agents are Jews. This circumstance ensures the presence of a motivational part in the structural-content scheme, which justifies the usefulness of legislative regulation by the negative nature of the image of Jews as an ethnic and religious community, the expression of contrasting prescriptions that are discriminatory towards Jews and preferential against the opposing Jews to national and religious groups. The author, analyzing the use of the nomination jude , highlights the general non-invective nature of the nationalist law on Jews.

scholarly journals Prosecuting Procurement in the Russian Empire

2019 ◽  
Vol 54 (1) ◽  
pp. 185-209
Author(s):  
Siobhán Hearne
Keyword(s):  
Lower Class ◽  
Criminal Code ◽  
Russian Empire ◽  
Sex Industry ◽  
Court Cases ◽  
Commercial Sex ◽  
The Law ◽  
The Government ◽  
The Russian Empire ◽  
Full Force

Abstract Concern about the issue of forced prostitution reached its height in the Russian empire (as elsewhere in Europe and the Americas) at the turn of the twentieth century, as part of the wider international “white slave” panic. In 1909, new antiprocurement statutes were incorporated into the Russian empire’s Criminal Code to ensure that those who forced, coerced, or encouraged young women to enter the commercial sex industry felt the full force of the law. This article uses a case study of the Russian empire’s Estonian provinces (Estliand and Lifliand) to highlight the regional nature of Russian imperial experience. Prosecuting procurement was aligned with the priorities of local government, and the authorities in Revel’ (Tallinn) and Iu’rev (Tartu) used the issue of procurement to bolster their revenue. Here, the statutes gave the authorities additional tools for targeting individuals, such as managers of unlicensed brothels, who deprived the government of the income it generated from regulating the commercial sex industry. Drawing on court cases from the early 1910s, this article also examines the interaction of lower-class people with the state, their engagement with the legal system, their knowledge of the law, and the rhetorical strategies they employed to in their attempts to secure specific outcomes.

scholarly journals Rules for the Adjudication of Quarrels Occurring in the Officer Community: the Significance and Consequences of the Change in Dueling Legislation in 1894

2019 ◽  
Keyword(s):  
Military Personnel ◽  
Russian Empire ◽  
Penal Code ◽  
General Level ◽  
Officer Corps ◽  
Legislative Framework ◽  
The Law ◽  
The Russian Empire ◽  
Personal Assessment

The article considers the Rules for the Adjudication of Quarrels Occurring in the Officer Community (1894), which changed the dueling law in the Russian Empire. According to the new ruling, all conflicts in officer circles were referred to the Courts of the Society of Officers. These courts were vested with the authority either to determine that reconciliation befit the dignity of the officer and the traditions of the unit, or to sanction a duel as the sole proper means of satisfying the injured honor. The purpose of this innovation, as explained in the journal The Russian Invalid, was to raise the general level of ideas about honor in the officer milieu. The Rules for the Adjudication of Quarrels Occurring in the Officer Community were in conflict with the Penal Code of 1885, which forbade duels to all citizens of the Russian Empire, including military personnel. This legal collision precluded the development of a full legislative framework for dueling; no official duel code was ever adopted. Accordingly, difficulties arose in the application of the Rules. In practice, this led to a proliferation of duels occurring for trivial reasons. The new dueling law gave rise to yet another contradiction. Duels involving civilians were still treated with severity and often incurred strict punishment. This created grounds for additional conflicts between civilians and members of the officer corps. Furthermore, the law of 1894 affected relations in the officer community. With the new powers acquired by the Courts of the Society of Officers, the emphasis was now placed not on the personal assessment of an incident, but on the corporate opinion of it. The conclusion notes that the dueling decree of 1894, aimed at raising the general level of ideas about honor in the officer community and bringing under control the established norms for defending personal honor, did not achieve the intended results.

scholarly journals The rights of performers in the legal practice of the Russian Empire: an agreement between the Joint-Stock Company “Gramophone” and the Society of periodicals and literature personalities

2021 ◽  
Vol 9 (4) ◽  
pp. 11-15
Author(s):  
Vladimir Nikolaev
Keyword(s):  
Legal Protection ◽  
Russian Empire ◽  
Joint Stock Company ◽  
Legal Practice ◽  
Stock Company ◽  
History Of ◽  
The Law ◽  
The Russian Empire ◽  
Revolutionary Period ◽  
History Of Formation

The article is devoted to the history of formation of the mechanism for protecting the rights of performers in Russia in the pre-revolutionary period. Analyzing one of the first agreements between participants of copyright and related rights’ market, the author examines the specifics of their relationship in the absence of legal protection means, enshrined in the law.

scholarly journals The law ensuring of the activities of the accounting and loan committees at the branches of the State Bank of the Russian Empire in the post-reform period (On the materials of the charter of the State Bank of 1860)

2021 ◽  
Vol 27 (1) ◽  
pp. 21-25
Author(s):  
Timur A. Kovrov ◽  
Vladimir S. Okolotin
Keyword(s):  
Russian Empire ◽  
The State ◽  
Loan Repayment ◽  
The Public ◽  
Reform Period ◽  
Merchant Class ◽  
The Law ◽  
State Archives ◽  
The Russian Empire ◽  
The City

This article is devoted to the law ensuring of the activities of the accounting and loan committees at the branches of the State Bank of the Russian Empire in the post-reform period. On May 31 (old style) (June 12 new style), 1860, Emperor Alexander II signed a decree establishing the State Bank of the Russian Empire. At the same time, the charter of the State Bank was adopted. 13 articles of the charter were devoted to the activities of the accounting and loan committees at local branches of the State Bank. The authors cite extracts from these articles of the charter that regulate the activities of the committees and attempt to analyse them. The provisions of the articles of the charter of the State Bank are confirmed by examples from the documents of the State Archives of Ivanovo and Vladimir regions. A study of the articles of the charter showed that industrialists and merchants – representatives of the merchant class of the region of the branch – were approved as the members of the committees at the local branches of the State Bank. Industrialists and traders, who worked as members of the committee at the branch of the State Bank, informed the bank about the state of various branches of trade and industry, they gave recommendations on the issuance of a loan by the bank and they were guarantors of the loan repayment to the bank. For their useful activities for the committee's affairs, the State Bank awarded them with honorary awards, recognising their merits in the public activities of the city. At the end of the article, the authors conclude that the accounting and loan committees at the branches of the State Bank were created and functioned on the basis of the institution of public-private partnership.

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