scholarly journals The Legal Regulation of Siberian Peoples in the Russian Empire: the Interplay Between Customary Law and Legislation

2019 ◽  
pp. 932-938
Author(s):  
Valentina Yu. Smorgunova ◽  
Aleksandra A. Dorskaia ◽  
Il’ia L. Chestnov
Keyword(s):  
Legal Regulation ◽  
Russian Empire ◽  
Normative Theory ◽  
Customary Law ◽  
Judicial Reform ◽  
Historical School ◽  
The Russian Empire ◽  
Theory Of Law ◽  
Law And Legislation

The paper uses historic and legal materials to analyse the contemporary theories that describe the correlation of customary law and legislation. The authors identify the applicability of these theories in studying regulation of Siberian peoples in the Russian Empire. The paper explores the role of the historical school of jurisprudence and the normative theory of law in determining the interplay between customary law and legislation in the 19th and 20th centuries in Russia. The authors make the conclusion that the implementation of judicial reform of 1864 was impeded in Siberia due to the state giving preference to customary law in governing the relations not regulated by legislation

scholarly journals Transformation of the Civil Legislation of the Russian Empire on the Example of a Sales Agreement

2020 ◽  
Vol 16 (2) ◽  
pp. 18-25
Author(s):  
Yuri B. Danilov
Keyword(s):  
Legal Regulation ◽  
Russian Empire ◽  
Customary Law ◽  
Legal Institution ◽  
Scientific Discussion ◽  
Economic Liberalism ◽  
Judicial Practice ◽  
Legal Nature ◽  
Russian Law ◽  
The Russian Empire

The article is devoted to the analysis of the nature of the transformation of the civil legislation of the Russian Empire in terms of regulating the sale and purchase relations in the 19th and early 20th centuries. The essence and legal nature of the sales agreement is determined, the analysis of the objective prerequisites for the emergence and development of this institution in Russian law is carried out. It was established that its occurrence was a logical and logical outcome of socio-economic processes during the period of “economic liberalism”. A circle of sources of law has been determined, establishing the basis for legal regulation of this type of obligation. In particular, these include: regulatory legal acts, materials of judicial practice of higher instances and norms of customary law. Assessing the arguments of the participants in the scientific discussion about the appropriateness and validity of highlighting the sale as a separate obligation, the author formulates the key differences between the sale and the sale, which allow us to consider the sale as an independent legal institution.

scholarly journals Formation of legal regulation of land relations in the Volyn province as part of the Russian Empire (1793–1917)

2020 ◽  
pp. 72-77
Author(s):  
Oksana Lesyk
Keyword(s):  
Property Rights ◽  
Social Stratification ◽  
Social Life ◽  
Practical Interest ◽  
Legal Regulation ◽  
Russian Empire ◽  
Customary Law ◽  
Land Relations ◽  
The Russian Empire ◽  
Polish Law

In modern conditions of great scientific and practical interest is the study of historical experience of legal regulation of land relationsin the Volyn province as part of the Russian Empire (1793–1917), which will help to understand and highlight the basics of historicaldevelopment of legal regulation of land relations in Ukraine. The study and generalization of this historical and legal experience will make it possible to use certain achievements to clarify the origins of national land law. Historical and legal research of this topicwill contribute to a deeper understanding of the protection of property rights and the peculiarities of its legal regulation, increase theefficiency of the institution of property rights at the present stage of establishment of the Ukrainian state.The article is devoted to the characteristics of the formation of legal regulation of land relations in the Volyn province as part ofthe Russian Empire (1793–1917).The author notes that in land relations in Volyn as part of the Russian Empire (late XVIII – early XX centuries.) There were certainfeatures not typical of other Ukrainian regions: there were strong influences of Polish law, which could not be completely eliminatedfrom practical application; in Volyn, local customary law, designed to regulate land relations (from purchase and sale to inheritance),had a strong influence; significant role in the economic and social life of the region was played by large landowners.It is concluded that in the early twentieth century. the largest amount of land in the Volyn province was owned by large landow -ners (including German and Czech colonists), while the peasantry, which was the largest group of the population of the then Volyn,owned a small amount of land. At that time there was an evolution of land relations in the countryside, resulting in a reduction in thenumber of landed estates and social stratification of the peasantry.So, in the land legal relations in Volyn as a part of the Russian Empire (the end of the XVIII – the beginning of the XX century)certain peculiarities were observed, which were not peculiar to other Ukrainian regions.

scholarly journals The Role of Trade Customs in the Legal Regulation of the Fur Trade in the Russian Empire (Based on Materials from North-Eastern Siberia in the Second Half of the 19th – Early 20th Centurу)

2021 ◽  
Vol 38 ◽  
pp. 65-71
Author(s):  
M. D. Kushnareva ◽  
Keyword(s):  
Fur Trade ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
Joint Stock Company ◽  
Eastern Siberia ◽  
North East ◽  
North Eastern ◽  
The Russian Empire

The main purpose of the publication is to analyze the role of trade customs in the process of legal regulation of the organization of the fur trade in the north-east of Siberia in the second half of the 19th – early 20th centuries. Achieving this goal presupposes an analysis of the norms of the legislative sources of the trade law of the Russian Empire during the period of modernization. The analysis of trade customs is based on examples from previously unpublished and unreported archival sources. Analyzed cash, trade books of firms “N. D. Everstov”, “G. V. Nikiforov”, ‘G. V. Nikiforov and Co”, “I. P. Antipin and G. V. Nikiforov”, Joint Stock Company of Match and Fur Factory “N. P. Rylov and F. P. Lesnikov”, containing records of transactions concluded on the basis of trade customs. The topic is of theoretical and applied relevance. The article is of an interdisciplinary nature. To solve the set tasks, comparative, problem-chronological methods, as well as functional and comparative legal methods of jurisprudence were applied in the work. The author determined that the synthesis of the norms of customary law of the indigenous population of North-Eastern Siberia with the norms of general imperial laws led to the formation of a complex of trade customs in the industry. The article analyzes the practice of implementing such trade customs in the fur trade, such as: accrual of debt to fishers and its transition to the next fishing season, unequal exchange, fixing commercial information in personal correspondence. As the main conclusions, it was noted that the trade customs in the fur trade were superior to the norms of the Trade Charter and other legislative acts of the state. This was facilitated by the special historical conditions and specificity of the legal consciousness of society in the outskirts of the Russian Empire. The development of commodity-money relations and the state policy of legislative convergence of the legal status of the indigenous and Russian population of the outlying territories of Siberia contributed to a gradual decrease in the role of trade customs in the fur trade at the beginning of the 20th century.

Factory Inspection Supervision over Industrial Institutions of the Russian Empire in the 19th — Early 20th Centuries

2021 ◽  
pp. 92-96
Author(s):  
N.V. Kovaleva ◽  
Keyword(s):  
Industrial Production ◽  
Legal Regulation ◽  
Industrial Sector ◽  
Russian Empire ◽  
The State ◽  
Social Regulation ◽  
Labor Protection ◽  
Business Entities ◽  
The Russian Empire ◽  
Theory Of Law

The value of supervision over industrial institutions at the stage of active formation of industrial production in Russia in the 19th — early 20th centuries is shown. The role of the factory inspectorate and other state bodies aimed at controlling the production process, as well as the spheres of interaction of the enterprises with the state is defined in the article. Based on the example of the activities of the factory inspectorate, the criteria are formed to determine the desired balance of rights and obligations in the structure of legal relations, which is required to comply with the interests of the state and business entities. Delineation of the powers of the factory inspectorate helps to identify the areas where state control is needed. At the same time, further study of the implementation of control and supervisory functions of the state in the field of industrial production is substantiated. The need to regulate this kind of relationship is indicated considering the modern realities where the merger of technological and organizational processes is objectively taking place, and the algorithms are built into the structure of legal relations. The issues of legal regulation of the industrial sector of the economy raised in the study indicate the unsolved fundamental problems of the theory of law, namely, the scope and significance of technical and legal regulation in the mechanism of management of the society, its scope in the structure of social regulation. The studied historical material allows to assert that the supervision in industry creates the basis for safety and real labor protection at the industrial objects. Introduction of the institute of factory inspectors became an important factor in building the labor protection system at the factories and plants. With the help of this institute, the norms were implemented aimed at ensuring trouble-free functioning, including at explosive and fire-hazardous industries of the Russian Empire in the 19th — early 20th centuries.

scholarly journals Lawyer Activity Legal Bases Formation in the Russian Empire During the Judicial Reform of 1864

2021 ◽  
Vol 21 (3) ◽  
pp. 44-51
Author(s):  
K.A. Belov ◽  
◽  
N.V. Mikhaylova ◽  
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
Judicial Reform ◽  
Legal Institution ◽  
The Russian Empire

The evolution of the formation and development of the bar as a legal institution is considered. The results of organizational and legal regulation of advocacy in the Russian Empire are studied and the analysis of the legal status of the lawyer is drawn. Peculiarities of private attorneys’ activities are revealed.

scholarly journals Ethnological-legal and technical-legal aspects of intercultural communication in Russia of the Imperial period: the experience of theoretical and methodological structuring on the example of the formation of the institutions of lamaism among the Volga kalmyks of the second half of the 19th century. Part 1

2021 ◽  
Vol 4 ◽  
pp. 3-10
Author(s):  
I. A. Arzumanov ◽  
Keyword(s):  
Intercultural Communication ◽  
19Th Century ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Russian Empire ◽  
The State ◽  
Customary Law ◽  
Legal Communication ◽  
The Russian Empire ◽  
The 19Th Century

Federation On the example of the formation of the institutions of Lamaism among the Volga Kalmyks II. floor. XIX century. the historical-legal and socio-cultural aspects of intercultural communication in Russia are considered. The methodological correlation of the processes of intercultural communication in the context of the polyphonic nature of the legal culture of the Russian Empire is analyzed. The universalism of the sociological (integral) discourse of jurisprudence determines not only the civilizational specifics of legal communications as one of the forms of intercultural communication, but also the methodological body of research based on the cultural-anthropological approach and ethnological-legal conditioning. The interdisciplinary nature of the study is due to the specificity of the ethno-confessional specifics of the processes under consideration and involves an appeal to theoretical and legal, state, socio-cultural, and religious discourses. Based on the analysis of the provisions of the primary sources of normative legal acts concerning the state and legal regulation of the ethno-confessional sphere among the Volga Kalmyks and in the Russian Empire as a whole in the first half of the 19th century, a comparative analysis of the processes of consolidating the institution of the majour in the Volga Kalmyks and Buryat clans of the East Siberian region is carried out. An example of cultural and legal communication between such subjects as the state and ethno-confessional communities are the results of the analysis of archival documents, for the first time introduced into scientific circulation, concerning the activities of the imperial administration in the sphere of systematizing the norms of customary law of the Volga Kalmyks and streamlining the processes of forming regional institutions of Lamaism. Some aspects of the socio-cultural determinants of the processes of increasing the number of Lamaist clergy among the Volga Kalmyks and the problems of its legal regulation are considered. Conclusions are made about the intercivilizational nature of legal communication, implicitly aimed at assimilating the customary legal system of Kalmyks in order to include them in the general system of legalizations of the empire.

“BULYGINSKAYA DUMA”. AGENCY WITHOUT POWER OR POWER OF AGENCY?

2021 ◽  
pp. 32-42
Author(s):  
Sergey S. Novoselskii ◽  
Keyword(s):  
Government Policy ◽  
Electoral System ◽  
Russian Empire ◽  
State Institutions ◽  
Public Figures ◽  
State Administration ◽  
Intellectual Context ◽  
The Government ◽  
The Russian Empire

The article considers the attitude of representatives of the top bureaucracy to the draft of the State Duma, developed by a Special Council chaired by the Minister of the Interior A.G. Bulygin in 1905. Particular attention is paid to the high officials assessments of the dignitaries of the place and role of the Duma in the system of state administration of the Russian Empire, the arguments that officials cited in favor of its convocation. It analyzes intellectual context of the emergence of the “bulyginskaya duma” (“Bulygin Duma”) project is analyzed, which largely determined the breadth of the actual, not declared powers of the people’s agency. The research is based on unpublished documents from the funds of state institutions, as well as materials from the personal funds of officials and public figures. The article shows that, despite the legislative nature of the Duma, it had to have significant powers. The electoral system, which was proposed and defended by the high officials, was originally modeled in such a way as to avoid the triumph of the estates principle. The monarch’s open opposition to the people’s agency was considered a politically short-sighted move, which indicated a limitation of his power. The results of the study allow considering the government policy in 1905 not as an untimely response to public demands, but as a conscious strategy for systemic political reforms.

scholarly journals MODERNIZATION OF LEGAL REGULATION OF OSSETIAN’S MARRIAGE AND FAMILY RELATIONS

2020 ◽  
Author(s):  
Т.Т. ДАУЕВА
Keyword(s):  
Gender Stereotypes ◽  
Family Relations ◽  
Legal Regulation ◽  
Customary Law ◽  
Annual Reports ◽  
Marriage And Family ◽  
The Family ◽  
Traditional Marriage ◽  
The Russian Empire ◽  
Traditional Norms

В статье представлен сопоставительный анализ инноваций в семейной сфере осетин, их синтеза с традиционными компонентами семейного быта. Особое внимание уделяется особенностям взаимодействия таких институтов регулирования, как обычное право осетин, церковные установления и законодательство Российской империи. Теоретическую основу работы составили концепции ученых, исследовавших проблемы традиционных брачно-семейных отношений, особенностей трансформации семьи в период пореформенной модернизации. Источниковой базой для статьи послужили ранее не опубликованные архивные материалы: судебные дела по разводам, выплатам калыма, двоеженства; переписка Владикавказской епархии с начальником округа; ежегодные отчеты начальников округов Осетии начальнику Терской области. Новизна предопределена предметным обращением к новациям и их конкретным результатам: противоречиям между традиционным укладом семьи и некоторыми трансформациями, например, изменениями гендерных стереотипов и пр. Объектом исследования является традиционная осетинская семья XIX в. с характерными для той поры обычаями и традициями. Своей целью мы поставили выявление особенностей внедрения новаций, присущих российскому администрированию, в брачно-семейную сферу осетин. Следует уточнить, что научному анализу подвергаются отдельно взятые аспекты традиционных норм и установок патриархальной семьи. Высказывается мнение, что именно в семье воплотились наиболее значимые трансформации гендерных стереотипов, что имело свое отражение и в некоторых аспектах этнического сознания осетин. The article presents a comparative analysis of innovations in Ossetians family sphere and their synthesis with traditional components of family life. Special attention is paid to the peculiarities of interaction between such regulatory institutions as Ossetian customary law, church orders, and the legislation of the Russian Empire. The theoretical basis of the work is based on the concepts of those scientist who researched the problems of traditional marriage and family relations, the peculiarities of family transformation in the period of post-reform modernization. The source base for the article was previously unpublished archival materials: court cases on divorce, bride prices; the Vladikavkaz diocese correspondence with the district chief; annual reports of the district chiefs of Ossetia to the chief of the Terek region. The novelty is predetermined by a substantive appeal to innovations and their concrete results: contradictions between the traditional way of life of the family and certain transformations, for example, changes in gender stereotypes, etc. The object of the research is a traditional Ossetian family of the XIX century with customs and traditions typical for that period. Our goal is to identify the features of introducing innovations applied by Russian administration in the marriage and family sphere of the Ossetians. It should be clarified that only specific aspects of traditional norms and attitudes of the Patriarchal family are subject to scientific analysis. It is suggested that it was in the family where the most significant transformations of gender stereotypes took place, which was also reflected in some aspects of the ethnic consciousness of the Ossetians.

scholarly journals ESTATES IN THE ACTIVITIES OF JUDICIAL INSTITUTIONS AND PENITENTIARY ESTABLISHMENTS IN RIGHT-BANK UKRAINE (1864–1914)

2020 ◽  
pp. 7-24
Author(s):  
Victoria Vengerska ◽  
Oleksandr Zhukovskyi ◽  
Oleksandr Maksymov
Keyword(s):  
Social History ◽  
19Th Century ◽  
Russian Empire ◽  
District Court ◽  
Judicial Reform ◽  
The Social ◽  
Lower Courts ◽  
History Of ◽  
The Russian Empire ◽  
New Institutions

Right-bank Ukraine became part of the Russian Empire after the second partition of the Polish-Lithuanian Commonwealth in 1792. The integration of these territories into the new administrative, economic and cultural space caused certain difficulties. In the first half of the 19th century, the region had the highest percentage of peasant serfs and the elements and institutions of the non-existent state (including the courts) still existed and kept functioning. The defeat in the Crimean War of 1853–1856 imposed on the Russian Empire the need for radical reforms in all spheres of life. The wave-like periods of cooperation-confrontation between the Russian authorities and the local nobility brought about regional provisions in virtually all the reforms, launched by the peasant reform of 1861. The judicial reform and the emergence of new institutions and practices had to resolve existing problems, disputes, and punish criminals legally. The social estate (stanovy) character of the society was reflected in the establishment and activities of the volost courts, as the lower courts. The district courts were a completely novel phenomenon in the legal culture; their functioning was ensured by professional lawyers on the basis of new judicial statutes. The purpose of this article is to consider the court practices and functioning of penitentiary establishments in Right-Bank Ukraine (on the example of Volyn province) under implementation of the judicial reform through the prism of social and estate factors, based on the cases of the Zhytomyr District Court and the reports of the heads of local prisons. The methodology of the research includes the tools of social history and the so-called "new imperial history" that have helped to trace the adaptation of new legal practices to the socio-ethnic peculiarities of Right Bank Ukraine. The methods of history of everyday life and history of reading have been employed to consider the under-researched component of the penitentiary system of the Russian Empire, namely the libraries and their funds. This component should be attributed to the novelty of the suggested research findings. Conclusions. Estate privileges were maintained in the Russian Empire throughout the "long 19th century". Belonging to a higher social status practically made the Polish nobles equal in the rights with the imperial officials, endowed with power. During court decisions and sentencing, an ethnic criterion was not taken into consideration or had secondary significance. Many years of placing the peasants outside the legal field developed a steady arrogant attitude of the power-holders towards the representatives of this social estate. Though the peasants dominated in the social structure of the Empire population, they remained the most prevalent class. Since the early 20th century, some shifts in perception and attitudes towards peasantry were observed.

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