scholarly journals Introduction of Russian state judiciary on the territory of Ukraine (end of XVIII – early XIX century)

2020 ◽  
pp. 40-44
Author(s):  
O. Byrkovych
Keyword(s):  
Legal Aspects ◽  
Judicial System ◽  
Appellate Body ◽  
Russian State ◽  
Wide Range ◽  
The Government ◽  
The Russian Empire ◽  
The Stability ◽  
Xix Century ◽  
County Courts

The article reveals the peculiarities of the implementation of the Russian judicial system in the Hetmanate in the second half of the XVIII - first half of the XIX century. It is pointed out that the incorporation policy of the Russian Empire provided for the full inclusion of Ukrainian lands in the empire, both in administrative and legal aspects. Beginning with the abolition of the institution of the Hetmanate, the regimental-hundred system, the imperial authorities tried to eradicate from life all the legal attributes of the Cossacks, which were traditional for the population and differed from the classical Russian. One of such attributes of statehood was the system of the judiciary and the judiciary. Having determined the specifics and characteristics of the traditional Ukrainian judicial system, which has been implemented in the Hetmanate since the middle of the XVII century, judicial reforms of P. Orlyk, K. Rozumovsky, the peculiarities of the introduction of the Russian class system of justice are established. After the liquidation of the regimental-hundred system and the introduction of division in the provinces, zemstvo (provincial) and county courts began to be established on the territory of Ukraine, which had a wide range of powers and were divided into criminal and civil departments. Zemsky courts were the court of the highest instance and the main appellate body, but decided only cases involving the nobility. The formal election of judges and their subordination to the emperor was a compromise that satisfied both the government and guaranteed the loyalty of the nobility. County courts were under the control of the nobility, which leveled the transparency of decisions. The lowest judiciary was the village courts, which dealt with most economic and administrative issues related to the most vulnerable. The practice of «arbitration» and «conscientious» courts, whose task was to resolve disputes at the pre-trial stage, can be considered a certain positive. They minimized and debureaucratized the judicial system, forming an effective alternative to county courts. Contractual principles in the judiciary, given the existence of about 10 thousand legal acts, some of which were naturally not known to judges, and sometimes contradicted each other, became the key to the stability of the judiciary in the pre-reform period.

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 Evolution of legal regulation of activity forms of members of representative bodies of local self-government in the Ukrainian lands within Austria-Hungary and pre-revolutionary Russia

2020 ◽  
Vol 4 (4) ◽  
pp. 110-118
Author(s):  
Ivan Omelko
Keyword(s):  
Local Government ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Liberal Democratic ◽  
Regulation Of Activity ◽  
Local Representative ◽  
The Russian Empire ◽  
Xix Century ◽  
Rule Making

The article deals with historical and legal aspects of the normative regulation of the forms of activity of the representative bodies of local self-government and their members on the Ukrainian lands, which were part of Austria-Hungary and pre-revolutionary Russia. It is shown that during the 60-90s of the XIX century, there was an accumulation of experience in the normative consolidation of the legal status and organization of the work of local representative bodies, the formation of the main forms of their activity. Attention is drawn to the fact that in both empires the adoption of liberal legislation on local self-government led to the activation of local rule-making. The content of national and local acts regulating the forms of activity of representative bodies of the late XIX – early XX centuries is analyzed. In its modern form, local government developed in the nineteenth century. as a result of the victory of liberal-democratic reforms in the world's leading states. Therefore, consideration of the evolution of legal regulation of the forms of activity of deputies of domestic local representative bodies should begin in the 1860s, when in Austria-Hungary and the Russian Empire, which at that time included Ukrainian lands, local government began almost simultaneously. The period of functioning of representative bodies of local self-government in the Ukrainian lands as a part of Austria-Hungary and pre-revolutionary Russia (1862-1917) should be considered as the first stage of evolution of forms of activity of deputies of local councils in modern Ukraine. This was the stage of initiating the normative consolidation and practice of implementing the forms of activity of the deputy corps of domestic representative bodies of local self-government.

scholarly journals ORGANIZATION AND PROVISION OF MEDICAL AND MEDICAL ASSISTANCE TO PEASANTS-MIGRANTS OF AKMOLINSKII AND SEMIPALATINSKII REGIONS OF THE STEPPE TERRITORY (80 YEARS OF THE XIX – EARLY XX CENTURY)

2020 ◽  
Vol 3 (4) ◽  
pp. 121-132
Author(s):  
Anna I. Vlasova
Keyword(s):  
Medical Personnel ◽  
Professional Activity ◽  
Practical Implementation ◽  
Medical Assistance ◽  
Railway Stations ◽  
Wide Range ◽  
Resettlement Administration ◽  
The Russian Empire ◽  
Xix Century ◽  
And Control

Based on a wide range of sources, the article analyzes the process of organizing and providing medical care to peasant migrants in the Akmolinski and Semipalatinskii regions of the Steppe Territory of the Russian Empire. It is noted that in the 80s XIX century at the legislative level it has been adjusted peasant resettlement process in the Asian part of the country, which greatly increased the migratory flows. The organization and control over the resettlement were entrusted to the Resettlement Administration, which was specially created in 1896 under the Ministry of Internal Affairs. It was revealed that one of the central tasks of its work was the organization of medical and sanitary assistance to displaced persons on the way to the places of expulsion. The practical implementation of the task found expression in the creation of special medical and sanitary points at railway stations, where the trains, which transported the migrants, stopped. Such trains were provided with medical personnel, medicines and medical equipment. In the resettlement distribution points where the settlers arrived, medical and nutritional centers were created. This centers providing medical assistance to the newcomers, providing hot meals and clean water. It is emphasized that in the process of organizing and operating the medical and nutritional centers, the Resettlement Administration had to face a number of problems, the main of which was the lack of medical personnel. Nevertheless, thanks to the established medical and sanitary service and the professional activity of medical personnel, the Resettlement Administration managed to bring the epidemiological situation under control and reduce the percentage of mortality among the migrants on their way to the places of exclusion.

scholarly journals Ruling techniques of the Ottoman Empire in Western Caucasus on the early XIX century (based on the document from the Ottoman State Archive of the President of the Republic of Turkey Hattı Hümayün 1103/4569-R

2020 ◽  
pp. 41-49
Author(s):  
Anri Robertovich Chediya
Keyword(s):  
Ottoman Empire ◽  
Local Population ◽  
Russian Empire ◽  
State Archive ◽  
Western Caucasus ◽  
Russian State ◽  
The Republic ◽  
The Russian Empire ◽  
Xix Century ◽  
Republic Of Turkey

The subject of this article is the policy and ruling techniques of the Ottoman Empire in Western Caucasus as a whole, and Abkhazia in particular, implemented due to expansion of military and economic presence of the Russian Empire in Caucasus in the early XIX century. Such methods include bringing local population (mostly representative of aristocracy – princes and noblemen) to the side of the Ottoman Empire for returning their dominance in the countries and cities (fortresses), considered by the Sublime Porte as the territories of their authority, and unlawfully annexed by the Russian Empire (namely the Principality of Abkhazia). This resulted in clash of interest of both superpowers that unfolded in Abkhazia and neighboring Circassia in the early XIX century. The scientific novelty consists in introduction into the scientific discourse of previously unpublished sources from the Ottoman State Archive of the President of the Republic of Turkey, as well as the Russian State Military-Historical Archive, which shed light on the methods of Ottoman control over the territories of Western Caucasus (Principality of Abkhazia, Circassia), as well as on the complicated questions regarding the clash of interests of the Russian and Ottoman empires in the region. The relevance of this work is substantiated by usage of both, Russian and Ottoman unpublished archival materials for describing the Ottoman ruling techniques in the region.

scholarly journals Crimes against Justice in Criminal Law Russian Legislation of the Absolute Era Monarchies

2021 ◽  
Vol 2 ◽  
pp. 63-71
Author(s):  
E.V. Georgievskij ◽  
◽  
R.V. Kravtsov ◽  
Keyword(s):  
Criminal Law ◽  
Law Reform ◽  
Inductive Method ◽  
Conceptual Approach ◽  
Russian State ◽  
Legal Nature ◽  
The Absolute ◽  
The Russian Empire ◽  
Criminal Legislation ◽  
Xix Century

The paper studies crimes against justice in the era of the absolute monarchy of Russia - from the beginning of the XIX century to 1917. The subject of the study is the legislative acts of the Russian state, both containing the norms of the criminal law character dedicated to the protection of the interests of justice, and the actual criminal laws and draft criminal laws that have an independent (autonomous) character. The research methodology was based on specific historical and comparative (comparative-legal) approaches to the legal nature of the institution of joint infliction of harm. The general inductive method is based on the formation of conclusions, which allows us to approach the general principles of the legislative formalization of the institution of joint commission of a crime from particular (casuistic) legislative fragments. In the course of the study, a number of theoretical propositions were identified and systematized. The era of absolute monarchy in Russia, associated with the name of Peter I, is characterized by the beginning of the processes of renewal in criminal legislation. Conceptual approaches to the consolidation of normative material are changing, and the methodology for building norms is being improved. In fact, general provisions are beginning to be formed to the extent necessary for the normal process of law enforcement, although there is still no structural separation. The criminal-legal terminology is changing. The influence of foreign legislation on Russian national criminal law is also undeniable. A serious impetus for changing the conceptual approach to the registration of crimes against justice is the emergence of new legislative acts in the field of criminal procedure regulation. Nevertheless, the criminal law reform carried out over two centuries did not achieve certain general and specific goals, including the full systematization of criminal encroachments on the interests of justice in the Russian Empire.

scholarly journals General-criminal prisons of the Russian Empire in the XIX century (on the example of the Orenburg province)

2019 ◽  
Vol 8 (1) ◽  
pp. 165-169
Author(s):  
Yulia Vladimirovna Kuznetsova
Keyword(s):  
Medical Personnel ◽  
Southern Urals ◽  
Russian Empire ◽  
The State ◽  
Educational Activity ◽  
The Southern Urals ◽  
The Government ◽  
The Russian Empire ◽  
Xix Century ◽  
The 19Th Century

The paper attempts to provide, on the basis of archival and published materials, a brief description of the state of general prisons in the Russian Empire in the 19th century on the example of the Orenburg province. In the first half of the XIX century, many prison buildings were in a dilapidated state, most of them were wooden. The prisoners suffered from overcrowding, they were not separated by sex and age, the sick were kept together with the healthy ones, they were hungry, they lived in begging. Very often the premises for prisons were private rental houses. There were no medical personnel in prisons, there were epidemics that led to a huge increase in mortality. As for the work, in the first half of the XIX century in prison locks and guards it was introduced in the rarest cases, since there were no special rooms for this. In the post-reform period, many prison premises were repaired, premises began to be rented for hospitals, the prisoners diet improved in the 1980s. The payment for arrest labor was introduced, the educational activity in prisons improved. Despite the measures taken by the government, the state of ordinary prisons in the southern Urals throughout the XIX century was still deplorable due to the fact that there was not enough money, or the local administration was not interested in improving the situation of the prisoners and the state of the prisons themselves.

scholarly journals Zarudny Sergiy Ivanovych (1821-1887) - Ukrainian and Russian lawyer, statesman of the Russian Empire

10.33287/1194 ◽  
2019 ◽  
pp. 36-49
Author(s):  
І. С. Міронова
Keyword(s):  
Scientific Work ◽  
Russian Empire ◽  
The State ◽  
Judicial System ◽  
Judicial Reform ◽  
Way Of Life ◽  
Legal Proceedings ◽  
Democratic Principles ◽  
The Russian Empire ◽  
Xix Century

The article is devoted to the way of life of a famous statesman of the Russian Empire, a Ukrainian of descent, a lawyer, one of the main founders of the court reform and a leader of peasant reforms of the second half of the XIX century, an interpreter, secret counselor Serhiy Ivanovych Zarudnyy. His origin, pedigree, civil service in the Ministry of Justice, in the State Chancellery, in the State Council, as a senator was studied. Attention was paid to his work in the commissions for the preparation of judicial reform, the development of the «Basic Provisions for the Transformation of the Judiciary in Russia» and the Judicial Statutes, which were approved in 1864. His role was proved in the creation of the world justice system, in the introduction of jury and the institute of attorneys in the Russian judicial system, in approving the principles of publicity, immediacy, and adversarial proceedings. Considerable attention is focused on the role of the statesman in the development of reform projects on the elimination of serfdom 1861. A special place is dedicated to the scientific work of S. Zarudnyy, in particular to his monographs, articles, a collection of materials on judicial reform entitled «The Case Зарудний of the Transformation of the Judiciary in Russia», organized in 74 volumes. It was noted that for his juridical and scientific work, contemporaries and biographers of S. Zarudnyy called him «the luminary of our judicial world», «leading figure of judicial reform», «father» and «soul» of the case of concluding judicial charters. The article substantiates the conclusion that S. Zarudnyy laid down the democratic principles of the judicial system and legal proceedings in the Russian Empire with his activities.

scholarly journals ADMINISTRATIVE STRUCTURES OF THE CATHOLIC CHURCH IN SIBERIA IN THE CONTEXT OF STATE-CONFESSIONAL POLICY (THE 19TH - EARLY 20TH CENTURIES)

2021 ◽  
pp. 47-55
Author(s):  
TATYANA G. NEDZELYUK ◽  
Keyword(s):  
Catholic Church ◽  
Russian Empire ◽  
The State ◽  
State Archive ◽  
Historical Archive ◽  
Russian State ◽  
The Government ◽  
The Russian Empire ◽  
Administrative Structures ◽  
Roman Catholics

The article studies the peculiarities of the state and confessional policy of the Russian Empire in the 19th - early 20th centuries in relation to Roman Catholics. The materials that served as the basis for the study are stored both in the Russian State Historical Archive and in the archives of Siberian cities: Tobolsk, Tomsk, Omsk, Irkutsk, Krasnoyarsk. Government orders of identical content were sent to all Siberian provincial centers, but in Tomsk they are in the best state of preservation, which gave us the opportunity to systematize them and use them for analysis. Government orders of identical content were sent to all Siberian provincial centers, but they are in the Tomsk State Archive in the best degree of preservation, which gave us the opportunity to systematize them and use them for analysis. The study revealed that the initiative to create the first Catholic parishes in Siberia belonged to the government and was dictated by the desire to remove the clergy of the Jesuit оrder from the capital...

scholarly journals A scholar-statistician and state authority in the early XIX century: on the biography of K. I. Arsenyev (1789-1865)

2020 ◽  
pp. 37-47
Author(s):  
Andrei Skrydlov
Keyword(s):  
Academic Career ◽  
Academic Community ◽  
Scientific Biography ◽  
Career Trajectory ◽  
Sequence Of Events ◽  
State Authority ◽  
The Government ◽  
The Russian Empire ◽  
Xix Century ◽  
The Impact

The object of this research is the evolution of statistical science in the Russian Empire in the early XIX century. The author analyzes the peculiarities of interaction between the academic community of statisticians and state authority on the example of career trajectory of the academician K. I. Arsenyev. The research leans on the basic methods of historical science – problem-chronological for studying the time sequence of events; historical-genetic and historical-comparative analysis for determining the key stages of the scholar’s scientific biography, as well as objective and subjective factors that impacted his performance. Special attention is given to the analysis of scientific works of K. I. Arsenyev, which prompted the major statistical discussion that unfolded in pre-reform Russia during the 1818-1819. The author examines the impact of the “Professors’ Case” upon Arsenyev's future career, traces the history of his relationship with the Emperor Nicholas I, and analyzes the scholar’s role in the development of administrative statistics in Russia. In the course of this research, it was established that academic career of Arsenyev is not typical, but rather illustrative for characterizing the status of a scholar-statistician in the first half of the XIX century. The difficulties of undergoing censorship, limited access of the scholars to departmental statistical materials, and risk of being suspected in political unreliability impeded the development of statistics during the indicated period. Patronage of the emperor relieved some of these constraints for Arsenyev; thus, receiving more freedom for scientific pursuits, he achieved impressive results. Overall, the representatives of conservative part of the elite continued to view statistics as a political science, which requires deliberate attention and control of the government.

scholarly journals THE GERMANS IN RUSSIA IN XVIIIth - FIRST QUARTER OF THE XIXth CENTURY

2021 ◽  
pp. 99-106
Author(s):  
Галина Алексеевна Кокорина ◽  
Анна Валерьевна Белова
Keyword(s):  
Legal Status ◽  
Economic Status ◽  
Russian Empire ◽  
German Population ◽  
Russian Society ◽  
Cultural Relations ◽  
German Immigrants ◽  
Russian State ◽  
The Russian Empire ◽  
Xix Century

В статье анализируется историческое пребывание немцев на территории Российской империи XVIII - первой четверти XIX в. Рассматривается правовой статус немецких переселенцев в XVIII - первой четверти XIX в. На основе законодательных актов просматриваются тенденции в период каждого царствования, а также общая тенденция на протяжении исследуемого периода. Проанализированы историографические работы, связанные с нахождением немцев на территории России. Исследуются экономические, политические и культурные связи немцев и российского государства. Рассматривается конфессиональная политика российского государства в отношении немецкого населения. Каждый правитель старался включать иностранцев (немцев) в российское общество. В период с XVIII - первой четверти XIX в. не сформировался особый правовой или экономический статус немцев в Российской империи. The article analyzes the historical stay of the Germans on the territory of the Russian Empire in the XVIII - first quarter of the XIX century. The legal status of German immigrants in the XVIII - first quarter of the XIX century is considered. On the basis of legislative acts, the trends in the period of each reign are viewed, as well as the general trend during the period under study. The historiographical works related to the presence of the Germans on the territory of Russia are analyzed. The economic, political and cultural relations of the Germans and the Russian state are investigated. The article considers the confessional policy of the Russian state in relation to the German population. Each ruler tried to include foreigners (Germans) in Russian society. In the period from the XVIII - first quarter of the XIX century. The special legal or economic status of the Germans in the Russian Empire was not formed.

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