scholarly journals Statute of civil proceedings of 1864: history of adoption, main provisions and its impact on the Ukrainian provinces

2020 ◽  
Vol 4 (4) ◽  
pp. 95-100
Author(s):  
Oleksandra Nestertsova-Sobakar
Keyword(s):  
Civil Procedure ◽  
Radical Reform ◽  
Civil Process ◽  
French Experience ◽  
Civil Proceedings ◽  
Four Books ◽  
History Of ◽  
The Russian Empire ◽  
First Time ◽  
Competitive Nature

The article deals with the main factors that caused the authorities to take the steps of fundamental changes in the civil procedural legislation of the Russian Empire. It has been pointed out that in the 1840s, Nicolas I paid attention to the problems, and in 1848 issued a resolution demanding the creation of a special institution for drafting amendments to the legislation. The study highlights the process of drafting and preparing project of the law. It is noted that the French experience (Code of 1806), as well as the achievements of Austria and Prussia in the field of civil process, were used in the drafting of the Statute, which at that time scientists critically and analytically worked on foreign regulations. It is stated that the authorities rejected the idea of changing the existing system of civil procedural legislation and decided to implement a radical reform. It is said that the experts identified and grouped the major shortcomings that led to the unsatisfactory state of civil proceedings (25 points in total), and highlighted the main progressive and necessary provisions that were included in the new Civil Procedure Statute (competitive nature of the process, publicity streamlining the effective vertical of the courts, introducing the concept of a jury). Due to the reform of 1864, civil justice was separated from criminal justice. The structure of the Statute of Civil Procedure (general provisions, four books, totaling 1460 articles) is also covered. The article deals with the differences in the implementation of the Charter (simultaneous or phased implementation). The question of the extension of the force of law in the territory of the Ukrainian provinces is raised (in 1868 the Charter came into force in Kharkiv for the first time in Ukrainian lands and later in the South and Right-Bank Ukraine).

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.

scholarly journals The history of formation and development of court decisions review in the civil procedural law of Ukraine

1970 ◽  
pp. 233-238
Author(s):  
Daryna Meniuk
Keyword(s):  
Judicial Review ◽  
Civil Procedure ◽  
Court Decisions ◽  
Civil Process ◽  
Procedural Law ◽  
Foreign Law ◽  
Long Time ◽  
History Of ◽  
The Russian Empire ◽  
The Right

The article presents the historical aspects of the formation and development of the institution of the review of court decisions in the civil process of Ukraine. The civil procedural rulings that govern the procedure for reviewing court decisions in each period of civil procedural law history are analysed, and the main reforms of the civil procedural legislation that have influenced on the development of the institution of the review of court decisions due to newly discovered or exceptional circumstances are identified. It draws attention to the fact that for a long time the formation of procedural law took place without the institutions of review of court rulings, in particular, the review of newly discovered circumstances. For instance, in the Kyivan Rus' judgments could be enforced immediately after their proclamation. The period of staying of Ukrainian lands under the rule of the Polish and Lithuanian legislature and was referred to as the "domination of foreign law". During this period, we adhere to the Second Lithuanian statute of rules that enable a person to seek of judicial review. The most prominent monument of procedural law of the Cossack Hetmanate era was the Ukrainian Code of 1743, also known as «The Rights under which Little Russian people are suing», which also provided for the possibility of review in an extraordinary way of review and revocation of court rulings. The next period of civil procedural law development should be considered in view of the division of Ukrainian lands and the corresponding influence of the Austrian and Russian empires on the law of our state. The Austrian Civil Procedure Code of 1895 provided for the possibility of reviewing court decisions in the form of an appeal and cassation. On the territory of Ukraine, which was part of the Russian Empire, the main act was the Statute of Civil Procedure of 1864 which provided for the possibility of judicial review in the event of the opening of new circumstances or falsification of acts on the basis of which a decision was made; and where the judgment is taken against a defendant who did not appear for trial and whose whereabouts were unknown. The events of 1917 initiated the so-called "soviet" or "socialist" law. For a long period, court decisions were either not reviewed or reviewed in exceptional circumstances. Only after the declaration of independence of Ukraine the judicial reforms were began, also for the institution of judicial review as one of the elements of the right to a fair trial.

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.

The 1912 Duma Elections: The State, the Opposition and the Clergy

Orthodoxia ◽  
2021 ◽  
pp. 111-124
Author(s):  
F. A. Gayda
Keyword(s):  
The State ◽  
Election Campaign ◽  
Difficult Situation ◽  
The Public ◽  
The Press ◽  
History Of ◽  
The Government ◽  
The Russian Empire ◽  
First Time ◽  
The Church

This article deals with the political situation around the elections to the State Duma of the Russian Empire in 1912 (4th convocation). The main actors of the campaign were the government, local administration, liberal opposition and the clergy of the Orthodox Russian Church. After the 1905 revolution, the “official Church” found itself in a difficult situation. In particular, anti-Church criticism intensified sharply and was expressed now quite openly, both in the press and from the rostrum of the Duma. A consequence of these circumstances was that in this Duma campaign, for the first time in the history of Russian parliamentarianism, “administrative resources” were widely used. At the same time, the authorities failed to achieve their political objectives. The Russian clergy became actively involved in the election campaign. The government sought to use the conflict between the liberal majority in the third Duma and the clerical hierarchy. Duma members launched an active criticism of the Orthodox clergy, using Grigory Rasputin as an excuse. Even staunch conservatives spoke negatively about Rasputin. According to the results of the election campaign, the opposition was even more active in using the label “Rasputinians” against the Holy Synod and the Russian episcopate. Forty-seven persons of clerical rank were elected to the House — three fewer than in the previous Duma. As a result, the assembly of the clergy elected to the Duma decided not to form its own group, but to spread out among the factions. An active campaign in Parliament and the press not only created a certain public mood, but also provoked a political split and polarization within the clergy. The clergy themselves were generally inclined to blame the state authorities for the public isolation of the Church. The Duma election of 1912 seriously affected the attitude of the opposition and the public toward the bishopric after the February revolution of 1917.

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.

Gendarme railway police: experience of mass transportation in the territory of the Kursk Governorate (1896–1914)

2020 ◽  
pp. 110-119
Author(s):  
Nikolai N. Petrykin
Keyword(s):  
Police Department ◽  
Legal Regulation ◽  
Police Departments ◽  
Railway Transportation ◽  
History Of ◽  
Moral Condition ◽  
The Russian Federation ◽  
The Russian Empire ◽  
First Time

We contribute to the discussion of the results of a significant resettlement policy, the role of the gendarme railway police in its implementation and the role of the gendarme structure in the history of the Russian Empire. For the first time, we make an attempt to disclose the mechanism of the gendarme railway police in implementing the state’s resettlement policy in the area of migration flows on the materials of the Kursk Governorate, taking into account the existing rail-way network and the structure of the gendarme police departments. Based on the materials of the State Archive of the Russian Federation and local archives, the issues of legal regulation of mass railway transportation by the gendarme railway police are considered. An analysis of the gen-darme’s paperwork based on the materials of the Kursk branch of the gendarme police department of the Moscow-Kursk railway is given, aspects of interaction with the railway administration, local authorities, and the general police are highlighted. We trace the change and expansion of the duties of the railway gendarmes in connection with changes in the resettlement policy during the period under review and highlight the main stages. Particular attention is paid to issues of public safety in the context of criminalization on the railways. We show the role of the gendarme railway police in ensuring the sanitary and epidemiological welfare of passengers, taking into account the situation in the Kursk Governorate. Particular attention is paid to the influence of resettlement processes on the internal organizational, personnel aspects of the activities of the railway police, the dependence of the employee’s spiritual and moral condition on personal choice. We draw conclusions on the significance, scale, diversity of the gendarme railway police activities during the implementation of the resettlement policy.

scholarly journals Women's Institutes in Imperial Russia in the wording of the normative documents (1764 – early XX century): terms, typology, dates

2021 ◽  
pp. 110-129
Author(s):  
Varvara Vital'evna Ponomareva
Keyword(s):  
Normative Documents ◽  
The Past ◽  
Imperial Russia ◽  
Class Composition ◽  
History Of ◽  
The Subject ◽  
The Russian Empire ◽  
First Time ◽  
Departmental Affiliation

The subject of this research is the foundation of women’s education system in the Russian Empire, namely of the Office of the Institutions of Empress Maria, which totaled up to three dozen by the early XX century. Actualization of the knowledge about the best examples of the Russian school in the past is determined by the fundamental importance of education in the context of ongoing modernization of the country. The topic of Women's institutes of Imperial Russia, which existed for over 150 years, is poorly studied. Despite the extensive source base, in the historical literature one can often come across improper names of the institutes, determination of their departmental affiliation, class composition of the students, as well as incorrect dating and topography. Using the historical-systemic and typological analysis, the author determines and clarifies the conceptual framework of the problematic as a necessary research toolset. The author's contribution to selected topic consists in discovery of a wide variety of sources, including those introduced into the scientific discourse for the first time, accurate names of the institutes and variations in the official documents and everyday practice., their renaming and the causes. The article also traces the dynamics of changes in the class and confessional composition of students since the establishment of the institutes until the beginning of the XX century. Subordination and departmental affiliation at different stages of the history of these institutes is clarified.

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.

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