scholarly journals The Development of the Norms and Institutions of Criminal Law in the Transcaucasia Region at the Beginning of the 19th Century

Author(s):  
Irina Minnikes ◽  
Natiq Salamov

The authors study the development of criminal law in the Transcaucasia region of the Russian Empire in the early 19th century, and discuss the political and legal significance of the accession of Transcaucasia to the Russian Empire. The normative basis of the research is various agreements of the Russian Empire, including agreements with the Khanates of Northern Azerbaijan, the acts of the supreme power —decrees, manifests and instructions, as well as the corresponding narrative materials. The methodological basis of this research is the general dialectic method of scientific cognition, the methods of empirical and theoretical character: description, formalization, comparison, analysis, generalization, deduction and induction, hypothesis, as well as the special legal methods: formal legal, comparative legal. Research results made it possible to prove that, before Transcaucasia joined the Russian Empire, social relationships in the region, including criminal law ones, were regulated by both written and common law, and that state and political changes lead to changes in criminal legislation throughout the whole history. When Transcaucasia, which has a multi-national and multi-confessional population, joined the Russian Empire, the central government faced the task of working out a special criminal law policy of protecting the society from criminal infringements, as well as some other goals and tasks in this area. The authors determine the degree to which the borderland policy of the state influenced the development of the borderland criminal policy, describe legal acts that enacted changes in the criminal legislation. Special attention is paid to describing the institutions of criminal law that underwent changes though the participation of the state in this process; specifics of the goals and tasks of government coercion, as well as the general basics of sentencing are evaluated. The conducted analysis of the contents of historical legal acts allowed the authors to conclude that, after joining the Russian Empire, the essential tasks of the criminal law of Transcaucasia were, for the first time, formulated at the normative level, including such tasks as crime prevention and the protection of individuals and public safety from criminal infringements. The fundamental principles of humanism and justice, different from the previously dominant ones, were established in the criminal law.

Author(s):  
M. V. Loskutova ◽  
A. A. Fedotova

Based on published and archival sources, the paper considers the transformations in Russian legislation and administrative policies on forest beekeeping (harvesting honey from owned or tended nests in forests) in the eighteenth and nineteenth centuries. It demonstrates how in the course of the eighteenth century, the ownership of bee nests started violating the concept of absolute private property over forests, which was increasingly incompatible with the rights of other individuals to exploit natural resources on the same territory. From the early decades of the 19th century, borders were gradually demarcated between forested areas belonging to the state and private owners, and between the state forests and those designated for the use of state peasants. This process made possible to exercise the concept of absolute private property over forests in practice. These changes in legislation and the forest cadastre were closely linked to the making of ‘forestry science’ that developed in the late 18th century under the influence of a growing demand for timber needed for the navies and merchant fleets of all European states. The precepts of ‘forestry science’ were dictated by its objective to maximise profits by focusing on the production of commercially valuable sorts of timber. By the early 19th century, this logic prompted the forest administration of the Russian empire to start contemplating measures that would obstruct any alternative forms of forest exploitation, such as harvesting honey from tended trees. The paper considers in details the tightening of administrative regulations in this area, as imposed by the Ministry of State Domains that reached its peak in the Great Reforms era, and analyses the mechanisms that translated these general causes at work into specific policies.


2020 ◽  
pp. 83-105
Author(s):  
Boris V. Nosov ◽  
Lyudmila P. Marney

The article is devoted to the problems of the regional policy of the Russian Empire at the beginning of the 19th century discussed in the latest Russian historiography, to the peculiarities of the state-legal status and administrative practice of the Kingdom of Poland. It was the time when basic principles and a special structure of management at the outlying regions of the empire were developed, and when special (historical, national, and cultural) regions were formed on the periphery of the Empire. The policy of the Russian government in relation to the Kingdom of Poland depended both on the fundamental trends in the international relations in Central and Eastern Europe (as reflected in international treaties), as well as on the internal political development of the empire, and the peculiarities of political, legal, social, economic, cultural processes in the Kingdom and on Polish lands in Austria and Prussia. All these aspects have an impact on the debate that historians and legal experts are conducting on the state and legal status of parts of the lands of the former Principality of Warsaw that were included in the Russian Empire in 1815 by the decision of the Congress of Vienna. The fundamental political principles of the Russian Empire in the Kingdom of Poland in the first half of the 19th century were a combination of autocracy (with individual elements of enlightened absolutism), based on centralized bureaucratic control, and relatively decentralized political, administrative and estate structures, which assumed the presence of local self-government.


Author(s):  
Pavel G. Petin

The article contains information on the State deeds of the Russian Empire of the 19th century stored at the Russian State Library and considers peculiarities of that unique historic source.


Neophilology ◽  
2020 ◽  
pp. 686-698
Author(s):  
Igor A. Dambuev

We investigate the features of variable names standardization of villages ending with -ova/-ovo, -eva/-evo, -ina/-ino. The relevance of the study is to improve the standardization of geographical names in order to ensure their unified and consistent use. The novelty of the study consists in the use of quantitative research methods towards the toponymy of different time sam-ples covering the last century and a half. As a source of variable and standardized names of villages, the State catalog of geographical names, normative legal acts, reference books of administrative divisions, lists of localities of the Russian Empire, and topographic maps are used. The toponymy of the territories of the modern Moscow, Bryansk, Vologda, Kaluga, Kurgan and Sverdlovsk regions is subjected to quantitative analysis. We establish that in the second half of the 19th century the names of villages ending with -ova, -eva, -ina prevailed in a quantitative sense over the names of villages ending with -ovo, -evo, -ino. Over the next century and a half, the proportion of names ending with -ova, -eva, -ina in all the analyzed regions consistently decreased, while the proportion of names with -ovo, -evo, -ino grew. If currently in some regions the names of villages with -ova, -eva, -ina are practically absent, in others they may still prevail over names with -ovo, -evo, -ino. This fact should be considered when standardizing variable toponyms.


2021 ◽  
pp. 413-426
Author(s):  
K, A. Pavlov ◽  
O. B. Klochkov

The process of formation and development of the protection of the state border in the Caucasus at the end of the 19th century (using the example of the Karsk border brigade) is analyzed in the article. The relevance of the study is due to the fact that in historical research insufficient attention is paid to the protection of the state border in the Caucasus by border guard units at the end of the 19th century. It is shown that under the conditions of the introduction of protective customs duties, as a result of which smuggling activities began to develop actively, without specialized units, the Russian Empire was unable to protect its economic interests in the border space in the Caucasus. It is noted that the development of the state border guard system was carried out in a tense, unstable military-political situation, accompanied by constant armed clashes with bandit formations. It is indicated that in these conditions, the protection of the state border was carried out by the border guards together with military units, which in turn negatively affected the quality of the protection of the economic interests of the Russian Empire in the region. It is concluded that the development of the system for protecting the state border in the Caucasus was a consequence of the existing threats to national security in the region.


2020 ◽  
pp. 267-285
Author(s):  
N.V. Chernikova

The legislative process in the Russian Empire fell into two main phases: the law was first developed in the ministries and then discussed by the highest lawmaking institutions, primarily the State Council. Thus, the cooperation of all participants in the lawmaking process was a prerequisite, but it was not always possible to achieve it. Ministries tried to preserve the integrity of their projects, while the Council of State often made significant changes to ministerial submissions in an effort to save them from shortcomings and weaknesses. Throughout the second half of the XIX century confrontation between the heads of departments and the legislative institution was formed in different ways. The analysis showed that during the reign of Alexander II the violation of the legislative process was more frequent and the emperor repeatedly approved bills that were not discussed in the State Council. However, this path did not guarantee the successful implementation of the new law. On the contrary, the changes made to the projects of the State Council were aimed primarily at the workability of government measures. And this justified them in the eyes of ministers and the monarch himself (especially in the reign of Alexander III), ensured their agreement with the Council’s opinion.


2018 ◽  
pp. 892-901
Author(s):  
Dmitry V. Vasilyev ◽  

The article reviews major groups of sources on the administration policy of the Russian Empire in the Kazakh steppe in the 18th century and in the first half of the 19th century. Acts of law and legislative drafts make up the first group. Materials of the Asian and the Siberian Committees, supreme bodies directly involved in imperial policy-making in the Kazakh steppe, form the second group. Official correspondence (dispatches, official reports, statements, official notes, directions, and letters) of the major regional and central authorities that concern the carrying out the state policy in the southeast periphery are included in the third group. Studying laws, bills, and supporting materials allows not just to highlight changes in governmental views over time, but also to understand basic principles underlying state policies. Legislation concerning the Kazakh steppe was deposited in the archives of the State Council, the Governing Senate, the Committee of Ministers, the Asian Committee, the Siberian Committee, the Asian Department of the Ministry of Foreign Affairs. Some pertinent materials can be found in papers of the Siberian Prikaz and, in some measure, of the Ambassadorial Prikaz: they contain documents on the establishment of diplomatic and trade relations with the Kazakhs. Fonds of the governing bodies of the Russian Empire store unpublished legislation and documents on the legislative process (drafts, materials for their discussion, etc.), correspondence of high-ranking officials with regional administration and traditional Kazakh elite. Some legal documents of imperial lawmaking are deposited in archival fonds of central governing bodies – the Collegium of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Internal Affairs, and the Ministry of War. A sizeable portion of materials on discussions of legislative drafts is stored in regional archives, in fonds of local (regional) administrative agencies (boards, offices of military governors and governor generals) and in the Central State Archive of the Republic of Kazakhstan.


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