FUNDAMENTAL ASPECTS OF THE FORMATION ANDSIGNIFICANCE OF THE CONSTITUTIONAL PRINCIPLE AND LEGAL INSTITUTION OF JUDICIAL REPRESENTATION IN THE RUSSIAN EMPIRE OF THE XIX CENTURY

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 64-69
Author(s):  
A.V. Sosnin

The subject of the study establishes the nature of the legal profession, peculiarities of formation of the legal profession of the nineteenth century, and the conditions past development of the legal profession in the Russian Empire and the first steps in the reformation of jury legal profession, providing information on references to judicial representation in the oldest monuments of the Russian Empire of the XIX century. Some features of the judicial counter-reform of 1864, which served as the beginning of the emergence and appearance of the juried bar, are described. The problems worthy on the way of self-origin and improvement of legal Institute of bar, the developed aspects of the organization and work of bar in the course of its formation were revealed. The embodiment of the ancient and later foundations of independence, the legality of corporatism, self-government and equality of lawyers. The test of reconstruction of one of the first and important legal institutions of representation of judicial and source studies of the Russian Empire is carried out. The key conclusions that determined the practice of our time, state political work, which formed the basis of the judicial and legal system of the state, are established.

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.


2019 ◽  
Vol 21 (2) ◽  
pp. 313-320
Author(s):  
Alexey Yu. Karpinets

The research features the migratory processes on the so-called Cabinet lands that belonged to the Tsar family and were located on the territory of the present day Kuzbass region. The paper focuses on the period of the late 1860s – early 1890s. The research objective was to present data on the main problems and features of the local resettlement movement. A detailed analysis of the statistical and narrative data was based on the works by N. A. Vaganov, I. E. Ovsyankin, N. M. Yadrintsev, etc. The subject remained largely understudied, which makes the material applicable for educational and scientific purposes. The author identified and characterized the stages of migratory process and its dynamics. The research proved that the Kuznetsk district was not "the promised land" for Russians, unlike the Barnaul and the Biysk districts. Due to its mountains and dense forests, it was unattractive for peasants from the central part of the Russian Empire, who were used to flat steppes. Nevertheless, the Kuznetsk land became home for several thousand peasants who settled here in the second half of the XIX century.


Author(s):  
Oleg Konstantinovich Slobozhaninov

This article attempts to define encyclopedia of law as a science developed in the Russian Empire over the period from XIX century to 1917. The author employs dialectical, formal-dogmatic, systemic, comparative-historical methods. The source base contains monographs, textbooks and lections of the leading legal experts on the encyclopedia of law, theory of state and law. Currently, the historical-legal science does not pay due attention to encyclopedia of law. The scientific novelty is substantiated by the subject and methods of research. Comparison is conducted on the subject and object of research, methods, tasks and functions of the science of encyclopedia of law, as well as theory of state and law. Encyclopedia of law features the interpretation of legal science in its common grounds and organic unity; represents an overview on law connected by the single plot with various branches of law, and gives characteristics to the key provisions of law. A conclusion is made that the science of encyclopedia of law fulfilled mainly propaedeutic functions, and was an originator of the modern science of the theory of state and law. Further development and transformation of encyclopedia of law into the science of theory of state and law was substantiated by the advancement of other humanities – philosophy, sociology, etc. and historical events of the early XX century, which set new tasks and goals for legal science. The research results actualize the experience of development of the theory of law, as well as allow improving the theory of law based on the ideas and approaches of encyclopedia of law.


Author(s):  
Pavel Sobornov

The article considers the experience of the operation of the commercial police of the Russian Empire during the reign of Emperor Nicholas I. On the basis of departmental documents of the Ministry of Internal Affairs of the Russian Empire of 1840s, the author analyzed the problem of functioning of a special unit of the Russian police in St. Petersburg - the Commercial Police, which has not yet been the subject of independent scientific research. The study of the commercial police, as well as the process of ensuring economic security by this specialized police body, allows to overcome a variety of attempts of tactical criticism of the Nicholas era itself, studied in the domestic historiography tendency through the lensof the idea of the growth of crisis phenomena feudally – erfdom statehood of Russia. As a result of the study of the trade police, the author concluded that among the state reforms of the Nicholas era in Russia, which were assessed negatively, the organization of the Trade Police became a successful reform 1840-s. The Trade Police Organization allowed for the first time to abandon the foundations of the personnel policy, which was of a «pro-noble» character nature and to formulate the idea of an all-based principle of organizing the Russian police, which began to be implemented only in the 1860s and 1870s. Of particular importance in the article is the consideration of the experience of the Trade Police through the development of the pre-reform city and urban economy, which contributed to the formation of the functions of the Trade Police.


Author(s):  
Anastasia Kirillovna Shchinova

The reforms and post-reform period of the second half of the XIX century mark significant changes in the political, socioeconomic, and cultural life of the country, and acceleration of urbanization by the beginning of the 1880s. The author also indicates the growing number of employed women, which was particularly evident in the large cities of the Russian Empire. For studying the problem of women’s employment of the end XIX century, the article used the aggregated census data of the three largest cities of the Russian Empire – Saint Petersburg (1881), Moscow (1882), and the capital of the Kingdom of Poland Warsaw (1882). The subject of this article is the examination and analysis of the number of female workers in each group and information about occupational groups, contained in the form of tables in separate volumes of censuses. Emphasis is placed on the quantitative distribution of women by occupational groups, as well as broader categories – types of activity; this allows determining the differences for each city, as well as comparing Saint Petersburg, Moscow and Warsaw during the 1880s in percentage terms. The conclusion is made that the market for female household personnel and day laborers was more developed in Warsaw, while the number of women employed in household service and industrial sector prevailed in Moscow and Saint Petersburg.


Author(s):  
Anton Matveev

The article is devoted to the organization and activities of the Central Snitch Squad at the Saint-Petersburg Security Department for ensuring the security of the head of state in the Russian Empire. The normative basis for the activities of agents of the Central Snitch Squad and the specifics of implementation of their job descriptions are described in the article. The Central Snitch Squad was a separate division of the Search and Surveillance Service of the Russian Empire, which solved the various and most complex tasks of search-and-surveillance. The Central Snitch Squad operated until the fall of the monarchy in February 1917, but the experience gained by it in fulfilling tasks of national importance continues to be used in modern Russia. At the same time, the issues of the organization and functioning of the Central Snitch Squad have not received a comprehensive analysis yet. One of the activities of the Central Snitch Squad, which has not received proper coverage in historical and legal literature, is the protection of imperial majesties in the Russian Empire at the beginning of the 20th century. Therefore, its regulation and implementation has become the subject of this article. The main and integrating method of research on the organization and activities of the Central Snitch Squad was the method of materialist dialectics. General logical (deduction, induction, analysis and synthesis), general scientific (systemic, structural-functional, typologization) and special (formal-legal, historical-legal, comparative-legal, interpretations of regulatory legal acts, sociological and statistical) methods of legal research were used. It was concluded that the protection of imperial majesties and the highest persons in the Russian Empire was one of the most important areas of activity of the gendarmerie. The simultaneous existence of three different divisions that guarded the emperor ‒ the Central Snitch Squad, the Security Unit and the Security Agency led to duplication of agents activities and inconsistent actions of the units. The Central Snitch Squad of the Saint-Petersburg Security Department has accumulated a variety of search-and-surveillance experience that can be used to solve problems of national importance in modern Russia.


Sign in / Sign up

Export Citation Format

Share Document