scholarly journals CASSATION PROCEEDINGS UNDER THE DRAFT STATUTE OF CIVIL PROCEDURE OF 1863

2020 ◽  
Vol 17 (1) ◽  
pp. 94-99
Author(s):  
Alexey Kovalchuk
Keyword(s):  
Russian Empire ◽  
Civil Procedure ◽  
Judicial Reform ◽  
New Wave ◽  
Draft Statute ◽  
History Of ◽  
Subsequent Elimination ◽  
Judicial Errors ◽  
The Russian Empire ◽  
First Time

Introduction. The creation of a system of cassation courts of general jurisdiction organized on an extraterritorial basis and other significant changes in modern cassation proceedings quite obviously mediate a new wave of scientific interest in the history of the development of a system for verifying judicial acts in the domestic tradition of civil procedure. In this regard, the experience in carrying out the Judicial Reform of 1864, in particular, enforcement of the Statute of Civil Procedure regularized the cassation institution for the first time, became relevant. At the same time, despite the fact that many modern scientific works are devoted to the study of the Statute of Civil Procedure of 1864 itself (including possibilities for appealing court decisions provided for thereby), the studies of foregoing drafts also stay relevant. The draft of 1863 is one such example. This article is devoted to the analysis of this draft in accordance with the declared topic. Purpose. The purpose of this study is to describe the draft Statute of Civil Procedure of 1863 in the context of its provisions defining the content of cassation institution. Methods. In the framework of the study, mainly historical-legal and comparative-legal methods were used. Results. The significance of the draft Statute of Civil Procedure of 1863, in the context of establishment and development of cassation institution in the civil procedure of the Russian Empire, was manifested, first of all, in a sufficiently clear consolidation in it of the very grounds for cassation of decisions. Its definitions are very similar to its provisions have been already consolidated in the Statute of Civil Procedure of 1864. At the same time, existing in that period distinction between terms “cassation” and “revision” promoted the consolidation of two basic tasks of cassation proceedings in the provisions of the Statute of Civil Procedure of 1863: verifying of the final decisions for judicial errors with the purpose of their subsequent elimination and ensuring uniform application and interpretation of the law. Conclusion. The draft Statute of Civil Procedure of 1863, having incorporated the ideas of many subsequent legislative works into itself, became some sort of provisional result of development of the necessity of cassation court in the Russian Empire of the 1800s – 1860s. At the same time, of course, the work on drafting the Statute of Civil Procedure did not end there, wherefore the draft was actively discussed and improved, and its main provisions regarding the regulation of the cassation proceedings formed the basis of the Statute of November 20, 1864.

Битвазапрошлое:храмсвятогоГеоргия вИзраавэпицентре церковно-политическойборьбыконцаXIXв.

2019 ◽  
pp. 256-281
Author(s):  
E.M. Kopot`
Keyword(s):  
Middle East ◽  
Ottoman Empire ◽  
19Th Century ◽  
Russian Empire ◽  
Foreign Affairs ◽  
Late 19Th Century ◽  
History Of ◽  
The Russian Empire ◽  
First Time ◽  
The Church

The article brings up an obscure episode in the rivalry of the Orthodox and Melkite communities in Syria in the late 19th century. In order to strengthen their superiority over the Orthodox, the Uniates attempted to seize the church of St. George in Izraa, one of the oldest Christian temples in the region. To the Orthodox community it presented a threat coming from a wealthier enemy backed up by the See of Rome and the French embassy. The only ally the Antioch Patriarchate could lean on for support in the fight for its identity was the Russian Empire, a traditional protector of the Orthodox Arabs in the Middle East. The documents from the Foreign Affairs Archive of the Russian Empire, introduced to the scientific usage for the first time, present a unique opportunity to delve into the history of this conflict involving the higher officials of the Ottoman Empire as well as the Russian embassy in ConstantinopleВ статье рассматривается малоизвестный эпизод соперничества православной и Мелкитской общин в Сирии в конце XIX века. Чтобы укрепить свое превосходство над православными, униаты предприняли попытку захватить церковь Святого Георгия в Израа, один из старейших христианских храмов в регионе. Для православной общины он представлял угрозу, исходящую от более богатого врага, поддерживаемого Римским престолом и французским посольством. Единственным союзником, на которого Антиохийский патриархат мог опереться в борьбе за свою идентичность, была Российская Империя, традиционный защитник православных арабов на Ближнем Востоке. Документы из архива иностранных дел Российской Империи, введены в научный оборот впервые, уникальная возможность углубиться в историю этого конфликта с участием высших должностных лиц в Османской империи, а также российского посольства в Константинополе.

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.

scholarly journals The Armenian Apostolic Church in the Politics of the Russian Empire: the Search for an Administrative Optimum

2021 ◽  
Vol 6 (3) ◽  
pp. 63-93
Author(s):  
Amiran Urushadze
Keyword(s):  
Russian Empire ◽  
Foreign Affairs ◽  
Historical Archive ◽  
Russian State ◽  
Political Interaction ◽  
History Of ◽  
Imperial Politics ◽  
The Russian Empire ◽  
Scholarly Discourse ◽  
First Time

The article analyzes governmental debates on the functions, rights and privileges of the Armenian Catholicoi in the context of inter-institutional controversies. The author attempts to identify and analyze the most influential programmes for solving the “Echmiadzin issue” and their origins presenting at the same time certain aspects of political interaction between the Russian Empire and the Armenian Church as overlapping processes and related events. The history of relationships between Russian state and Armenian Church in XIX–XX centuries shows that different actors of the imperial politics had different ideas about the optimal model of cooperation with Echmiadzin. The divisions took place not only between the various departments (the Ministry of Internal Affairs versus the Ministry of Foreign Affairs), but also within them, where individual officials could hold “anti-departmental” views in each particular case. All this hindered administrative consolidation, slowed down the empire's response to important political challenges and dragged the imperial structures into protracted service-hierarchical confrontations. The “Etchmiadzin Question” and the governmental discussions around it show in part the administrative paralysis of the autocracy and the decompensation of the system of power in the Russian Empire in the early 20th century. The article employs a rich documentary base of archival materials from the collections of the Russian State Historical Archive. These materials are introduced into the scholarly discourse for the first time ever.

scholarly journals Features of the avant-garde directions of European modernism during 1900–1910 in the Ukrainian avant-garde

2019 ◽  
pp. 208-214
Author(s):  
A. Puzyrkova
Keyword(s):  
Turning Point ◽  
Fine Arts ◽  
Russian Empire ◽  
Artistic Expression ◽  
Avant Garde ◽  
History Of ◽  
The Russian Empire ◽  
Specific Manifestation ◽  
Distinct Features ◽  
First Time

During 1900–1910, there was a process of intensive cooperation and mutual enrichment between artists in Western European artistic centers and representatives of the Ukrainian and Russian avant-garde. At the same time, the avant-garde, both in Europe and in the territory of the Russian Empire, forms its own face and features that are reflected in the specificity of the artistic expression of specific groups and trends. The art of the 1900–1910 became a turning point in the history of avant-garde in Europe and in the Ukrainian lands, finally affirming the irreversibility of the phenomenon of avant-gardism. The avant-garde movements evolved rapidly during the period from 1900 to 1930, however, despite certain differences in manifestations, the revolutionary gains of cubism, expressionism and futurism became the foundation of the entire Ukrainian avant-garde. The publication, using examples of cubism, futurism and expressionism, which, deriving from European centers, laid the foundation for the artistic expression of the Ukrainian, as well as Russian avant-garde – cubofuturism, suprematism, constructivism, scrutinizes the features of the avant-garde on Ukrainian territories in the European context. For the first time, it is focused on the differences between the manifestations of Cubism, Futurism, and expressionism in the Ukrainian and European avant-garde. There is a lack of formed groups and program documents of cubism, futurism, and expressionism in the Ukrainian fine art of the 1900-1910, with absolute domination of these areas of artistic expression and formulation. It focuses on the specific manifestations of the Ukrainian and Russian avant-garde that emerged on their base, as well as on the specific manifestation of the Ukrainian avant-garde, the neoprimitivism, which includes the school of Mykhailo Boichuk. The publication emphasizes the importance of suprematism in the Ukrainian avant-garde as a classical avant-garde movement, which had such distinct features as breaking with tradition and well-formed ideological principles outlined in the program documents, which was generally not typical for the Ukrainian avant-garde in the fine arts. As it is known, even the ideological foundations of cubofuturism were not clearly formed by its representatives, Oleksandr Bohomazov and Oleksandra Ekster. It is possible to speak of a formed and declared platform only with respect to the Ukrainian literary avant-garde, where it were the futurists who most clearly positioned themselves.

scholarly journals FRIEDRICH BRAUELL: LIFE AND RESEARCH

2018 ◽  
Vol 10 (3) ◽  
pp. 133-142
Author(s):  
M. V. Trushin
Keyword(s):  
Main Part ◽  
Russian Empire ◽  
Veterinary Science ◽  
Academic Degree ◽  
History Of ◽  
Veterinary School ◽  
The Russian Empire ◽  
Xix Century ◽  
First Time ◽  
Russian Medical

The article, written on the basis of data from the Russian and European archives, is the most complete biography of the famous figure of the Russian medical and veterinary science of the middle of the XIX century Friedrich Brauell, one of the pioneers of anthrax research. The article describes in detail the period of formation of F. Brauell as a scientist – his education received in Germany, visit to the Russian Empire for service, confirmation of academic degree received at homeland. His first steps in the field of teaching and science at Kazan University are discussed in details, his efforts to create a collection of anatomical preparations are described. The main part of the article is devoted to his work in Derpat (Tartu) Veterinary School, where he fully revealed his talent as a major organizer of scientific and educational activities. Particular attention is paid to its study of the problem of anthrax and plague. In addition, the article deals with the issues of his personal life and family for the first time. Thus, the material contained in the article can be useful for scientists studying the history of medicine, infectious diseases and veterinary medicine.

THE HISTORY OF THE DEVELOPMENT OF LEGISLATION ON LIABILITY FOR FRAUD IN RUSSIA

2021 ◽  
pp. 12-20
Author(s):  
Andrey V. Arkhipov ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Russian Empire ◽  
Soviet Period ◽  
History Of ◽  
The Russian Federation ◽  
The Russian Empire ◽  
First Time

The article examines the history of the emergence and development of Russian legislation on criminal liability for fraud. It is noted that for the first time fraud is mentioned in the legal acts of the second half of the 16th century - the Codes of Justice of Tsars Ivan IV and Fyodor Ioannovich. Initially, fraud was most often understood as a deft but petty theft, in which de-ception was used to facilitate its commission. The understanding of fraud as the theft of other people's property, committed by deception, began to be formed only in the second half of the 18th century with the publication on April 3, 1781 by Empress Catherine II of the Decree "On the court and punishments for theft of different kinds and the establishment of working houses in all the gubernias." In the 19th century, the clarifying process of the content of the term "fraud" continued. It was reflected in the first codified criminal laws of the Russian Empire - Code of crimi-nal and corrective penalties of Russia of 1845 and the Charter on Punishments imposed by the justices of the peace of 1864. A significant contribution to the development of the Russian criminal law on liability for fraud was made by a group of legal scholars involved in the de-velopment of the Criminal Code of the Russian Empire, in which the whole Chapter 33 (Arti-cles 591-598) contained the rules on liability for fraud. Although the 1903 Criminal Code was not fully enacted, it had a significant impact on the formation of criminal law on liability for fraud in subsequent regulations. During the Soviet period, the legislation on the responsibility for fraud continued to develop. For the first time, abuse of trust was mentioned as a method of crime, along with deception. After the collapse of the Soviet Union and the adoption in 1993 of the Constitution of the Russian Federation, the Federal Law 10 of 01.07.1994 made signifi-cant changes to the Criminal Code of the Russian Federation of 1960 that served as the basis for the system of crimes against property in modern Russia.

History of the state and law of Russia

2020 ◽  
Author(s):  
Aleksandr Smykalin ◽  
Tat'yana Bazhenova ◽  
Natal'ya Zipunnikova
Keyword(s):  
Russian Empire ◽  
The State ◽  
Judicial Reform ◽  
Chronological Order ◽  
History Of ◽  
The Russian Empire ◽  
Xix Century

The second part of the anthology contains legal acts published in the XIX century: extracts from the Code of laws of the Russian Empire, acts of peasant, judicial reform, University Charter, provisions of the 80-90-ies of the XIX century and other materials. The documents are arranged in chronological order.

scholarly journals Carl Schmitt in the USSR

2020 ◽  
Vol 19 (2) ◽  
pp. 276-309
Author(s):  
Mikhail Kiselev
Keyword(s):  
Intellectual History ◽  
Political Theology ◽  
Russian Empire ◽  
Carl Schmitt ◽  
Intellectual Life ◽  
New Wave ◽  
History Of ◽  
The Russian Empire ◽  
Harsh Criticism ◽  
Spiritual State

The article is devoted to the problem of the perception in the USSR of C. Schmitt and his works. It is shown that the Russian Empire paid attention to and criticized Schmitt’s 1912 work Law and Judgment. Soviet readers in the 1920s–1940s were already acquainted with the content of Schmitt’s key works such as Political Romanticism, Dictatorship, The Historical and Spiritual State of Modern Parliamentarism, Political Theology, The Concept of Political, The Age of Neutralizations and Depoliticizations, and On the Three Types of Juristic Thought, and a discussion of these works was a part of the intellectual life of the USSR in the 1920s–1940s. Moreover, Soviet Marxist-theorists of law, while criticizing Schmitt’s ideas, agreed with some of his ideas regarding the criticism of the bourgeois state and law until 1933. However, after 1933, Schmitt’s works in the USSR turned into an object of harsh criticism, and he himself was proclaimed a key fascist theoretician of state and law. Since the late 1940s, because of the so-called struggle with “cosmopolitanism”, Schmitt’s works received less attention. In the 1950s–1970s, Schmitt’s works appeared only in some critical statements, and the works of Soviet authors of the 1920s-1940s about Schmitt actually fell into oblivion. A new wave of interest in Schmitt began only in the second half of the 1980s, and his works can already be considered in the context of the intellectual history of modern Russia.

scholarly journals Pages of History of the Library for the Employees of the State Bank of the Russian Empire

2014 ◽  
pp. 102-107
Author(s):  
A. L. Dmitriev
Keyword(s):  
Russian Empire ◽  
The State ◽  
State University ◽  
History Of ◽  
The Russian Empire ◽  
First Time

For the first time there is described the history of creation of the Library for employees in the State Bank of the Russian Empire. The paper presents the experience of reconstruction of the book holding, part of which is preserved in the Library of St. Petersburg State University of Economics.

scholarly journals “Be as It May, but the Judicial Reform Will Soon Emerge”: An Unknown Source on the Preparation of the Judicial Reform of 1864 in the Russian Empire

2021 ◽  
pp. 1131-1142
Author(s):  
Dmitriy M. Legkiy ◽  
Keyword(s):  
Russian Empire ◽  
Criminal Court ◽  
The State ◽  
Judicial Reform ◽  
State Council ◽  
The Third ◽  
Archival Documents ◽  
History Of ◽  
The Russian Empire ◽  
Heads Of State

The article and the published documents study the previously unknown documents on the judicial reform. Drawing on archival documents discovered in the Stasovs family archive (from the manuscript department of the Institute of Russian Literature) and in the secret archive of the Third Department of His Imperial Majesty's Own Chancery (from the State Archive of the Russian Federation), including correspondence of D. V. Stassov with the chairman of the Yekaterinoslav criminal court chamber, A. S. Kuznetsov (1862–66), the publication reveals the unknown pages of the history of the judicial reform of 1864 in the Russian Empire. The sources highlight the activities of the commission for preparation of the reform under (initially) quite difficult conditions. The details of the judicial reform preparation are given against the background of constant struggles between conservative and liberal camps (with the gradual switchover of high-ranking officials from one camp to another, depending on the Emperor’s will), as well as between different groups and directions. Thus, the adoption of final decisions was delayed due to uncertain, evasive position of its members, as it happened during discussions of individual bills in the State Council. Attention is drawn to the reaction of officials of the Third Department, when perlustrating letters of the Councilor of State, Chief Secretary of the Governing Senate and Chairman of the Criminal Court Chamber of Yekaterinoslav containing quite immodest thoughts on the “behind-the-scenes preparation” of the Judicial reform. D. V. Stasov’s letters were actually weekly diary entries recording the preparation of the 1864 judicial reform, his tone picturesque, descriptions of ministers and high officials accurate and caustic. Such evidence from very authoritative sources provides a wealth of material on the attitude of the Imperial Court and the heads of state institutions (the Ministry of Justice, the State Council, the Senate, the Committee of Ministers, the Second Department of His Imperial Majesty's Own Chancery) involved in decision-making concerning judicial projects, which has not been adequately covered in historical and legal studies. Publication of D. V. Stasov's letters (from the archival materials of the Stasov family fond) can significantly expand the source base on the history of preparation of the judicial reforms in the Russian Empire in 1860–64.

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