scholarly journals Law-Making Process in the Russian Empire: Urban Planning Policy and Legislation

Lex Russica ◽  
2020 ◽  
pp. 106-115
Author(s):  
I. G. Pirozhkova

The paper presents the evolution of law-making process in the Russian Empire through the prism of urban planning legal regulation. It covers the period of uncodified and codified legislation with the period up to the appearance of the Digest of Laws of the Russian Empire (all its editions) and the Complete Collection of Laws of the Russian Empire (PSZRI). In these materials, the author identified about 300 historical normative acts related to the regulation of urban development from the era of Peter the Great to 1825 (the period systematized in the PSZRI), and a number of major codified acts of the 19th — early 20th century. The analysis of their content and form formed the basis for conclusions about the quality of law-making process in the Russian Empire.Based on the analysis of normative material covering construction, architectural legislation, legal norms in the field of organization of urban development, the author considers the characteristic features of pre-revolutionary law-making process in encouraging the creation of normative acts, conceptual techniques of legal technology, systematization characteristics. Subjects of law-making process are singled out. Normative acts are classified according to different grounds, a parallel is drawn with the modern hierarchy of normative acts, and historical features of their typology are highlighted. The author draws conclusions about the inaccurate classification of the main identified acts (charters) as codes, about the prevalence of legal idealism in the concept and policy of urban planning regulation. The source of fixing public relations in the form of a legal norm is the monarch’s will. In the research area it is based on the idea of an ideal city, the concept of which has evolved from the idea of regularity to a rational capitalist space. It was supplemented by proposals from the professional community at the end of the period.

Author(s):  
Dmitriy I. Frolov

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.


2018 ◽  
Vol 193 ◽  
pp. 05020
Author(s):  
Igor Andreev

The author has identified a trend towards the politicization of urban planning in Russia, caused by a set of factors. The author believes that students should be timely taught to adequately respond to the attempts of the leading political parties and movements to influence the urban planning industry. These attempts represent the imposition of particular urban plans for their benefit, the resolution of urban planning conflicts in the best interests of particular parties, etc. According to the author, who has accumulated an extensive lecturing experience, this goal is attainable by offering social disciplines, including Sociology, Sociology of Urban Development, Bases of Social Regulation and Public Relations, to bachelor students, majoring in urban planning at the Moscow State University of Civil Engineering. The author has considered several issues of teaching methods, in particular, he has identified the list of political problems to be analyzed and the type of classes to be organized, etc. In the report, the author makes a conclusion that the focus on the sociopolitical aspects of urban planning in the courses of social disciplines improves the students’ understanding of the nature of urban planning as a democratic practice.


Author(s):  
Butler William E

This chapter traces the history of the Russian treaty from its inception during the Kievan Rus to Soviet applications of the instrument. The precise origins of the "treaty" in Kievan practice has not been determined. However, it was from this early period that concepts such as treaty ratifications and "confirmation" were conceived in early Russian law. From there, the chapter follows Russian treaties through post-medieval times, including the inclusion of international treaties within the 1825 Complete Collection of Laws of the Russian Empire. The chapter also takes a look at the so-called "internal treaties," by examining the differences between "international" treaties and "constitutional" treaties given Russia's historic borders and its relationships with neighboring states. Finally, the chapter outlines Soviet treaty policy and its doctrinal philosophies.


Author(s):  
Mustafa Ahmed Jasem Jasem

This work is the first in a series of materials devoted to the forms of manifestation of private and public initiative in the construction law of Russia during the empire and the Soviet period. We center on the phenome-non of “private initiative” as a factor in city formation and construction law. The strength of this factor is illustrated by separate plots of the city-planning policy of the Russian Empire and local lore historical material. We actualize the problem of representation forms of private initiative and public inquiries. Factors of the construction law formation, besides objectively existing legis-lative activity of the state and the rule-making activities of local authorities, were the proposals of the professional community. We analyze the forms of such proposals (appeals) to the authorities in the context of the active formation of civic consciousness of the intellectual professional elite of Russia concerning city-planning activities and city-planning regulation. Private initiative is understood as a psychological, normative-generating base of social relations, which are the basis for the current complex of city-planning activity regulators. We draw conclusion about the representation of private public inquiries for a comfortable urban living environment in the form of proposals by the professional community to the state, which were formulated imperatively. We draw conclusion about the specific applied nature of legislative proposals in the field of city-planning regulation, which were generated by technical experts and territorial representatives.


2018 ◽  
Vol 9 (1) ◽  
pp. 183
Author(s):  
Eleonora Sergeevna NAVASARDOVA ◽  
Roman Vladimirovich NUTRIKHIN ◽  
Tatyana Nikolaevna ZINOVYEVA ◽  
Vladimir Aleksandrovich SHISHKIN ◽  
Julia Valeryevna JOLUDEVA

The codification of the legislation on lands, forests, subsoil and other natural resources in the Russian Empire (1721-1917) is studied herein. Some sources of the systematization process in this field of legislation in the period, preceding the formation of the empire, from the time of the ʼCouncil Codeʼ to the reforms of Peter I (1649-1720) are revealed. Initially, the formation of the legal regulation in this field had the form of adoption of numerous separate legal acts. Such law-making methods were casual in nature and resulted in the emergence of internal contradictions in the legislation, which became too extensive and inconsistent. This was the strong reason for the urgent need for its systematization. The land law was most developed in Russia in the pre-imperial and imperial periods, which was due to the prevalence of agricultural production and the special importance of land relations. The land legislation was codified prior to other natural resource industries. The second most important in this area was the forest legislation. This was explained by the abundance of forests and their active use in economic activities, which required serious legal regulation. The importance of subsoil legislation had increased over time, due to increased exploitation of mineral resources. Later, water and faunal law began to develop actively and systematically. The milestone in the development of natural resource industries was M.M. Speransky's codification reform, the main result of which was the appearance of the ʼCode of Laws of the Russian Empireʼ. The separate codes included in it were specifically devoted to land, forest and mineral relations. First of all, they were the ʼCode of Survey Lawsʼ (vol. X), the ʼCode of Institutions and Forest Chartersʼ (vol. VIII) and the ʼCode of Institutions and Mineral Chartersʼ (vol. VII), which, however, were only the part of the array of legal norms on lands, forests and subsoil. Other volumes of the Code of Laws contained a large number of them. The norms of water and faunal law had no separate codes. Their systematization was carried out in the charters of the related branches of law. Along with this codification, a large number of separate normative nature-resource acts were issued. Not all of them were organically included in the relevant codes; they simply joined them as the official annexes. The systematization of the legislation on natural resources in the empire was not very consistent and was not always successful (Engelstein 1993: 339). Even after the most extensive imperial codification, it remained extremely fragmented. However, the demerger of certain natural resource charters from the Code of Laws as the separate codification units indicated the beginning of the formation of the land, forest and mineral law in pre-revolutionary Russia as the independent branches.


Author(s):  
P.V. Lushnikov

The article deals with the issues of gaps in law, it is stated that at present the problem of gaps is caused by the development of public relations. The negative consequences of gaps and their causes are determined. Several classifications of gaps that are made in science are considered. It is concluded that the deliberate creation of gaps by the subjects of law-making can be a corruption-induced factor. The classification of gaps depending on the truth (real and imaginary) is analyzed in detail. It is concluded that under the imaginary spaces can occur, both the addressees and the addressees of legal messages. In the first case, the addressees due to lack of necessary knowledge may have a false idea about the lack of legal regulation. When considering the second option, there is agreement with the scientific position that the addressees may, for subjective reasons, try to resolve gaps in the law, which do not really exist, thereby giving rise to excessive legitimization or real gaps. The article considers the options of filling the gaps in the law proposed in science. Further, it is proposed to apply to this problem the provisions of hermeneutics. The possibility of applying hermeneutic methodology to eliminate gaps is substantiated. It is concluded that preliminary modeling of communicative processes in the course of law-making can be used as a measure to counteract the gap in laws. The author suggests the need to limit the "arbitrariness of the reader" in the process of applying the analogy of law and law, as well as in the process of forming a legal precedent.


Author(s):  
Natal'ya N. Okutina

This article examines the formation and development of the petty bourgeois' self-government of the late 18th — the early 19th centuries. The author made an attempt to reveal the main stages of development of petty bourgeois' self-government in Russia within the framework of the proposed periodisation. The paper analyses the main legal acts and the changes they make to the legal regulation of the activities of the local government bodies within a certain historical framework. The author provides an analysis of the legal regulation of issues of an intra-class nature and the representation of members of petty-bourgeois corporations in local government and state bodies. On the basis of the conducted research, conclusions are drawn up on the need for further reform of the existing forms of public participation in solving local issues, taking into account historical experience.


Author(s):  
T. F. Zhukova ◽  

The article provides a brief summary of the historical situation of the mid XIX century, when the conquest policy of the Russian Empire predetermined the urban development of the territories annexed in the hostilities, the spreading of the St. Petersburg architectural school traditions in them. The propagators of its creative principles were the graduates of the Institute of Civil Engineers, the Construction School of the Main Directorate of Railways and Public Buildings, the Academy of Arts.The main attention in the article is paid to the creative activity of the architect Alexei Leontievich Benois, whose heritage was a reflection of the traditions of the St. Petersburg architectural school of the mid-XIX in Turkestan. The stylistic affiliation of his buildings is analyzed, the creative method is determined.The information provided in the article about the heritage of A. L. Benois, complemented the overall picture of the domestic architecture development as an integral artistic system within the vast borders of the Russian Empire.


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