scholarly journals Forms of Legitimization in the Russian Empire

2021 ◽  
Vol 16 (3) ◽  
pp. 34-43
Author(s):  
Mamkina Inna N. ◽  
Keyword(s):  
Russian Empire ◽  
Historical Event ◽  
Legislative Process ◽  
Historical Science ◽  
Law System ◽  
Political Processes ◽  
Decision Making Processes ◽  
Speed Up ◽  
The Law ◽  
The Russian Empire

The article is devoted to a comprehensive study of the legitimization forms in the Russian Empire. It also presents the idea of inextricable connection between the understanding of a historical event or phenomenon and the socio-political processes reflected in law. Therefore, the understanding of the Imperial law system, the insight into the peculiarities and processes of its legitimization formation is the basis of historical studies of the Russian Empire period. The purpose of this paper is to summarize and to give the comparative analysis of the legitimization forms existing on the territory of the Russian Empire and its outskirts in the period of the 18th ‒ early 20th centuries. The methodological basis of the study is a set of historical and legal methods used in the state-legal phenomena study. The study uses the comparative-historical, terminological analysis and comparative law methods. The paper is interdisciplinary, it is written at the intersection of jurisprudence and historical science. The study found a variety of legitimization forms enshrined in Russian Law, which are difficult to classify. It was noted that the classification and hierarchy of Russian Legislation depended on the extent of the monarch’s involvement in the legislative process. The author draws attention to the fact that the legitimization within the spatial and personal scope has some features that are most pronounced toward Siberia. When analyzing the content of a number of Charters and Provisions, specific standards or exemptions regarding this act enactment on the Empire outskirts are often found. The organization of power on the national Empire outskirts was regulated by special acts. The author concludes that despite the variety of legislative forms the Emperor’s will remained above the law and the law-making mechanism provided for its legal confirmation forms. Indeed, from a legal standpoint, such acts weakened the strong arm and the rule of the law, on the other hand, they speed up some decision-making processes. Keywords: the Russian Empire, Siberia, System of Law, sources of Law, form of Law, legislation, autocracy

scholarly journals Thorny Way to the East: Expedition to China of Adviser to the Chancellery V. F. Bratishchev in 1757

2021 ◽  
pp. 290-303
Author(s):  
Yu. G. Blagoder
Keyword(s):  
18Th Century ◽  
Far East ◽  
Russian Empire ◽  
Historical Event ◽  
Historical Science ◽  
Main Attention ◽  
Ruling Elite ◽  
Documentary Sources ◽  
Archival Documents ◽  
The Russian Empire

The facts testifying to the intention of the Russian Empire in the middle of the 18th century to establish equal mutually beneficial relations with China is present-ed in the article. Fragments of archival documents (decrees, memoranda, instructions, reports, etc.) about the expedition of the courier V. F. Bratishchev are given. The main attention is paid to the analysis of documents, which provide descriptions of the long preparation of the diplomatic vis-it, negotiations of V. F. Bratishchev with Qing officials in China. The degree of informativeness of documentary sources is assessed. The documents demonstrate the serious intention of the Russian administration to resolve political and economic issues through negotiations that would allow the Russian Empire to strengthen its position in the Far East. The article notes the principles of functioning of the administrative system of the Russian Empire in the middle of the 18th century. The author of this article considers the diplomatic visit of V. F. Bratishchev to be an example of the clash between the principles of Eurocentrism, which were actively gaining positions in the policy of the Russian ruling elite, and the ideas of the inhabitants of the Middle Empire about the superiority of their own civilization, surrounded by barbarians. Studying this historical event and taking into account the diplomatic mistakes made are relevant both for historical science and modern political interstate interaction.

scholarly journals The right of emphyteusis in the history of the Russian state (the late 15th – early 20th century)

2021 ◽  
Vol 5 (1) ◽  
pp. 16-31
Author(s):  
A. A. Sapunkov ◽  
N. A. Sapunkov
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Civil Law ◽  
Russian Empire ◽  
Political Processes ◽  
Russian State ◽  
The Law ◽  
The Russian Empire ◽  
The Right ◽  
The 19Th Century

The subject. The law of emphyteusis was studied in the Russian Empire in the middle of 19th – beginning of 20th century due to practical significance. The interest in this subject began to revive at the beginning of the 21st century, the first few publications appeared, but they were mostly replicas of Imperial period studies. The law of emphyteusis in Russia before the middle of the 19th century is not researched sufficiently. The purpose of the study is to confirm or disprove hypothesis that the law of emphyteusis was initially implemented in the system of Russian law as a legislative institution, but since the middle of the 19th century it has acquired the status of a local legal custom. The Russian state, having preserved the former system of civil law (the Lithuanian Statute) in the Western lands annexed from Lithuania and Poland, created the basis for the formation of a different system of legal awareness among a part of the population, thereby consolidating the dichotomy of the Empire and the Western provinces. Since the issue of land ownership is a key issue for feudal society, the law of emphyteusis is the most striking example of the split in the unity of the legal system of the Russian state. The methodology. The study is based on a combination of formal-legal and historical-legal methods: the methods of historicism, synchronous and diachronic comparison allow us to get an idea of the socio-political conditions in which the law of emphyteusis was formed and functioned. The main results, scope of application. The institute of emphyteusis (Latin – сensus, German – zins, Polish – czynsz) was formed on the basis of the reception of Roman and Byzantine law in the feudal law of a number of European States. Emphyteusis comes to the PolishLithuanian lands as an element of German law. The article describes the socio-political processes in the territories annexed by Russia from the Polish-Lithuanian Commonwealth, where the right of emphyteusis was preserved in the middle of 17th - first half of the 19th century as a local civil law under the Lithuanian Statute system. After the abolition of the Statute of Lithuania (1840) an emphyteusis preserved as a regional legal custom. The analysis of legislation and law enforcement practice on the issue of emphyteusis on the borderlands of the Russian state is carried out. The ineffectiveness of the state policy on the elimination of emphyteusis is noted. Conclusions. The revealed specifics of the development of emphyteusis in the Russian Empire are extremely poorly studied, although they indicate far-reaching consequences in the system of forming the legal consciousness of Russian, Ukrainian, Belarusian, Jewish (Ashkenazi) and other peoples.

scholarly journals Contribution of soviet historians to the development of domestic people’s studies

2020 ◽  
pp. 109-114
Author(s):  
S. D. Baghdasaryan ◽  
T. A. Samsonenko
Keyword(s):  
Russian Empire ◽  
Soviet Period ◽  
Careful Study ◽  
Historical Science ◽  
Xviii Century ◽  
Domestic Science ◽  
Scientific Schools ◽  
The Russian Empire ◽  
Soviet Historiography ◽  
Scientific Achievements

The article is devoted to the contribution of Soviet domestic science to the study of the peasant class in the second half of the XVIII century. in the Russian Empire. The position of the peasantry in state policy is analyzed, and the scientific schools of the Soviet period specializing in the study of the system of serfdom are considered. The question is raised about the scientific achievements of Soviet historical science in the complex of using the existing approaches, scientific schools, and the system of knowledge about the development of the peasantry in the Russian Empire in the second half of the XVIII century. The study of social and economic processes of development of the peasant class during the evolution of feudal relations was the most popular topic of scientific research in Soviet historiography. The problems related to the condition of dependent peasants during the period of serfdom in tsarist Russia deserve careful study and continue to arouse interest in the works of Russian researchers.

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 Problems and Possibilities of Image Construction in Historical Science (on the Example of an Image of a Siberian Bureaucrat of the Russian Empire)

2020 ◽  
Vol 7 (1 (25)) ◽  
pp. 21-27
Author(s):  
Elizaveta I. Mikhaylenko
Keyword(s):  
Russian Empire ◽  
Historical Science ◽  
Image Construction ◽  
The Russian Empire

The article deals with the basic theories of the image in historical science, the mechanisms of its creation and the possibility of constructing the image of a bureaucrat. The concepts of image and stereotype are distinguished. The author proposes methods for searching for the image of a bureaucrat and assesses the role of the various components of this image.

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 Parish Priesthood of the Don Host Region: Features of the Formation of the Social Status and Its Change Between the Mid 17th and the Early 20th Century

2019 ◽  
pp. 111-123
Author(s):  
Alla Shadrina
Keyword(s):  
Social Status ◽  
Comparative Method ◽  
Russian Empire ◽  
Historical Science ◽  
Initial Stage ◽  
The Social ◽  
Regional Community ◽  
General Scientific ◽  
The Russian Empire ◽  
First Time

Introduction. This article deals with a pressing problem of historical science: the analysis of the social status of the parish priesthood in the South of Russia, and its transformations on the example of the Don Host region. Methods and materials. Some pre-revolutionary regional research works, as well as some published and unpublished materials, are used as references. This article is based on sets of documents of central and regional archives, most of which being introduced scientifically for the first time ever. The methodological basis for this article is made up of the principles which are traditional for this type of research: scientific objectivism, systematic approach and historicism, and the general scientific method of structural and functional analysis that allowed to determine the social position of the priesthood in the regional community of the Don region. Being guided by the historical and comparative method allowed revealing and specifying the peculiar conditions of the priesthood in the Don region against the background of the changes in the cultural and historical situation. Analysis and Results. By the middle of the 17th century, being part of the Don Host, the local priests had acquired a status that made them really different from priests of other provinces of the Russian Empire, for they only reported to the army authorities and were considered to be part of the Cossack community, without having any signs of making an independent estate. Since the establishment of the independent Don and Novocherkassk Diocese in 1829, the priesthood became subordinate to the diocesan archbishop, that allowed to speak about the initial stage of the formation of the priesthood and its social status that corresponded to it. In the period of the reforms introduced by emperor Alexander II, aimed at improving the social status of the parish priesthood of the Russian Empire, the social status of the Don priesthood, due to the completion of integration into the all-Russian practice, significantly increased and got unified with the all-Russian social status. The highest point of development of the social status of the Don priesthood is the time of existence of the All-Great Don Host (1918–1919), which, in accordance with its peculiar ideology, provided the priesthood with exclusive rights and privileges in conditions of the Civil war.

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.

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