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 ◽  

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.

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.


2020 ◽  
Vol 16 (2) ◽  
pp. 18-25
Author(s):  
Yuri B. Danilov

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.


Author(s):  
Andrey P. Elchaninov ◽  

Тhe article examines the main provisions of the Russian legislation and international treaties of the Russian Empire in the second half of the XIX century, govern the extradition of persons who committed crimes on the territory of Russia for their conviction in a state, which citizens they are, and also Russian citizens who have committed crimes in foreign countries, to condemn them in Russia. The use of the historical-comparative method allowed the author to conclude that the main provisions of the extradition of criminals to foreign countries, formulated by domestic lawyers in the second half of the XIX century, served as the basis for the development of this legal institution in modern Russia.


Author(s):  
Evgeniy Nevzorov

We consider historical and legal aspects of social and class status of minor members of “military class”: soldiers’ children, recruit’s children, soldiers’ daughters. These children had special status in legislation and law enforcement practice in Russian Empire in 18th–19th century as they were born in the families of recruits, lower ranks soldiers during their service in Russian army, retired soldiers, soldiers on indefinite leave and service-disabled veterans. On the basis of wide range of archival and published materials we reconstructed the legal regulation and social characteristics of “military offspring” in military forces and civil society. We also reveal recorded in primary archival documents and legal acts social and legal, class and household collisions and trends, which determined life and destiny of “military children”. We clarify statistical uncertainties, which occurred during estimation members of military class – soldiers’ children – in Russian province. We also give detailed historiographic assessment of studying legal status of cantonists and soldiers’ daughters. We conclude about the prospects of studying this scientific problem by domestic historians, as well as the presence of primary archival documents, which are waiting for the introduction into scientific circulation. It is proved that the category of “soldiers’ children” was not only a subject, but was often the object of Russian legislation, this category also made it possible to successfully defend their rights. We reveal features of transformation of the former cantonists into professional soldiers, and also their role in military and social history of the Russian Empire of the considered chronological period.


Author(s):  
Valentina Yu. Smorgunova ◽  
Aleksandra A. Dorskaia ◽  
Il’ia L. Chestnov

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


Author(s):  
Evgeniy Nevzorov ◽  
Svetlana Bukalova ◽  
Sergey Simonov

We consider the social and legal status, family status and class transformations of soldiers’ offspring in the second half of the 19th century. The great reforms of the 60–70s of the 19th century did not actually affect the regulation of children of lower ranks and reserve soldiers. In this context, it is clear that there has been very little change in the situation of such children compared to the recruitment period. Soldiers’ children in the 19th century continued to fill up the lumpenized population groups of the Russian Empire, and their situation remained shaky, unstable and uncertain. We reveal the historical and legal dynamics aspects of the social and class status of children of representatives of the “military class”: soldiers’ children, reserve soldiers’ children, recruits’ children. We ascertain features of the charity and welfare organization for the families with called up soldiers during the Crimean War of 1853–1856 and the Russo-Turkish War of 1877–1878. Attracting a wide range of archival sources and published materials allowed quite successfully to reconstruct existing social and legal regulation and the practice of charity “military offspring” of lower ranks soldiers. We reveal features of the “reflection” of soldiers’ position in primary archival documents and legislative acts, including social and legal conflicts and trends that determined the life and fate of “military children”. We give a historiographic assessment of the study of legal status of soldiers’ children and their everyday life in the war and peace years of the second half of the 19th century. We identify research gaps in the works of domestic and foreign historians on the stated issues. We draw conclusions about the prospects of studying the post-reform ethnic and social, social and cultural, class and legal features of the soldier’s offspring, which is still “in the shadow” of research interest in the history community. We prove that “soldiers’ children” were and remained a special social institution in the Russian Empire in the second half of the 19th century. We reveal the peculiarities of studying this category of “military class” in pre-reform and post-reform Russia.


2015 ◽  
Vol 4 (1) ◽  
pp. 61-68 ◽  
Author(s):  
Селютина ◽  
Elena Selyutina

Results of the research of standard and legal regulation of legal status of the children born out of the marriage in the Russian Empire the XIX-XX centuries, which is carried out by the author within the cathedral scientific subject are presented in the article. The main features of legal status of this category of children are designated, the social and economic conditions and Russian cultural traditions which affected special legal status of illegitimate are noted, the attitude of Orthodox Church towards parents of the illegitimate during the considered period is revealed.


2019 ◽  
Vol 15 (3) ◽  
pp. 5-13
Author(s):  
I. B. Danilov ◽  
Yu. B. Danilov

In the framework of the historical and legal research, the author analyzed the legislation of the Russian Empire of the XIX – early XX century on state supplies and its comparison with current legislation on supplies for state or municipal needs. Revealed similarities and differences, established their nature and legal nature. The conclusion is formulated that the evolution of the legislation on supplies for state needs has taken the path of liberalizing the legal status of the supplier, as well as the requirements for it. This concerns, first of all, the participation of the supplier in agreeing the terms of the supply contract to be concluded, as well as the possibility of concluding it without applying enforcement measures. It has been suggested that this pattern may be a consequence of the general strengthening of the lack of discretion of civil law, however, the question of the validity of such transformations, taking into account the specifics of supply relations for state and municipal needs, is questionable. It was concluded that the borrowing of the provisions on the mandatory provision of such agreements may positively affect the stability of the emerging legal relations.


2020 ◽  
Vol 17 (3) ◽  
pp. 300-309
Author(s):  
Mariya Soboleva

The socio-economic situation in Russia over the past decades has undergone serious changes that could not but affect the health system. There have been prerequisites for the development of private medicine, which has been supported by the state. Currently, there is an increase in the share of medical services provided on a paid basis. Widespread private practice, covering the chronological period of the Russian Empire, was interpreted by the authorities in the Soviet period as a relic of the capitalist system, contrary to the basic principles of proper health care organization. The Soviet period of Russian history appears to us as a chronological gap, that is, a time gap that characterizes the specifics of the linear existence of paid medical services. In this regard, it seems relevant and timely to conduct research on the historical aspects of the formation and development of the legal status of consumers of paid medical services in the Russian Empire. In our opinion, such research is of both theoretical and practical interest. The first is due to the lack of development of this topic in the historical and legal literature. The second one will allow us to identify existing shortcomings in legal regulation in the sphere of public health protection based on the generalization of historical experience and formulate practical recommendations for improving the legislation of the Russian Federation in this area. From the perspective of this work, we aim to assess the legal status of consumers of paid medical services in the XVIII – early XX century, comprehensively examining such elements of legal status as rights, freedoms, interests and duties. The article analyzes the influence of belonging of the inhabitants of the Empire to a particular social group on the formation of the legal status of consumers of paid medical services. For the first time, the main types of rights of consumers of paid medical services are separated from the regulatory legal acts in the field of healthcare of the Russian Empire and formed into a group. Based on the results of a detailed analysis, we conclude that in the Russian Empire, the duties of consumers of paid medical services took priority over the rights, since it was believed that if the obligations were met, the rights would exist regardless of their formal Declaration. The analysis helps to understand the development of regulation of health ser-vices and allows us to draw historical parallels with the existing regulatory framework of the health care system in Russia.


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