LEGAL STATUS OF ECCLESIASTICAL JUDGES IN THE RUSSIAN EMPIRE AND A PROBLEM OF REALIZATION OF THE ECCLESIASTICAL AND JUDICIAL REFORM

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.

Download Full-text

The regional policy of the Russian Empire in the first half of the 19th century: The Kingdom of Poland (1815–1830)

Slavic Almanac ◽

10.31168/2073-5731.2020.3-4.1.05 ◽

2020 ◽

pp. 83-105

Author(s):

Boris V. Nosov ◽

Lyudmila P. Marney

Keyword(s):

19Th Century ◽

Political Development ◽

Regional Policy ◽

Legal Status ◽

Russian Empire ◽

The State ◽

International Treaties ◽

Russian Government ◽

The Russian Empire ◽

The 19Th Century

The article is devoted to the problems of the regional policy of the Russian Empire at the beginning of the 19th century discussed in the latest Russian historiography, to the peculiarities of the state-legal status and administrative practice of the Kingdom of Poland. It was the time when basic principles and a special structure of management at the outlying regions of the empire were developed, and when special (historical, national, and cultural) regions were formed on the periphery of the Empire. The policy of the Russian government in relation to the Kingdom of Poland depended both on the fundamental trends in the international relations in Central and Eastern Europe (as reflected in international treaties), as well as on the internal political development of the empire, and the peculiarities of political, legal, social, economic, cultural processes in the Kingdom and on Polish lands in Austria and Prussia. All these aspects have an impact on the debate that historians and legal experts are conducting on the state and legal status of parts of the lands of the former Principality of Warsaw that were included in the Russian Empire in 1815 by the decision of the Congress of Vienna. The fundamental political principles of the Russian Empire in the Kingdom of Poland in the first half of the 19th century were a combination of autocracy (with individual elements of enlightened absolutism), based on centralized bureaucratic control, and relatively decentralized political, administrative and estate structures, which assumed the presence of local self-government.

Download Full-text

ESTATES IN THE ACTIVITIES OF JUDICIAL INSTITUTIONS AND PENITENTIARY ESTABLISHMENTS IN RIGHT-BANK UKRAINE (1864–1914)

Intermarum history policy culture ◽

10.33287/112001 ◽

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.

Download Full-text

Practice of relationships between the Prosecutor’s office and the gendarmerie in the investigation of political crimes

Bulletin of Kharkiv National University of Internal Affairs ◽

10.32631/v.2018.4.03 ◽

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”.

Download Full-text

1890th prison reform implementation in the Orenburg Governorate

Samara Journal of Science ◽

10.17816/snv20163211 ◽

2016 ◽

Vol 5 (3) ◽

pp. 118-122

Author(s):

Sergey Valentinovich Lyubichankovskiy

Keyword(s):

Implementation Process ◽

Russian Empire ◽

Prison Reform ◽

Judicial Reform ◽

Reform Implementation ◽

Regional Features ◽

The Status ◽

The Russian Empire

This paper is about an implementation process of the 1890 law in the Orenburg province for organization of new regional structures of penitentiary management - provincial prison inspection and prison department of provincial board. Specifics of prison reform implementation in the region, the relation of the governor's power to emergence of new bureaucratic structures, features of interaction between the created governing bodies are considered as well as the place taken by representatives of prison administration in regional bureaucratic community after the reform implementation is determined. The conclusion is drawn that implementation of the 1890 law took place in the Orenburg province with essential regional features. Orenburg provincial inspection has been created later (1894) than in the Russian Empire in general because of prolonged implementation of judicial reform (1864) on the territory of the region. However this inspection became more influential than similar organizations in other regions of the Russian Empire as it has subordinated the prison department of the Orenburg provincial board and accumulated all main competences of the sphere of prison case. The status of the Orenburg provincial prison inspector was almost equal to the status of the vice-governor.

Download Full-text

The “Edelevsky” list of the “protective memory” of Tsar Ivan Vasilyevich to the Mordovian Princes and Murzes in 1572

Finno-Ugric World ◽

10.15507/2076-2577.012.2020.01.029-041 ◽

2020 ◽

Vol 12 (1) ◽

pp. 29-41 ◽

Cited By ~ 1

Author(s):

Alexander N. Demidov

Keyword(s):

Social Stratification ◽

Legal Status ◽

Social Situation ◽

Russian Empire ◽

Russian Society ◽

Family Ties ◽

The Social ◽

History Of ◽

Unique Source ◽

The Russian Empire

Introduction. The article considers the publication of a unique source for the history of the Mordovian people, the “protective memory” dated by 1572 addressed to the princes and Murzes of Mordovia. The “protective memory” is considered in comparison with the “romadanovsky” list belonging to the descendants of the Mordovian prince Romadan, seeking the return of the nobility, the non-criminal record of the Temnik-Kadom Mordva, published in the XVIII century, similar to the records of Tatar Sovereigns to the Temnik-Kadom Mordva. Materials and methods. The author focused on studying the content of the source, revealing the identities of the recipients, analyzing the composition of the princes and Murz of Mordovian records, spelling of the names, origin, and family ties. The genealogy of the princes Edelevs is being reconstructed, the history of their kind is described together with the history of Mordovian Murzas and their representatives in the context of social and historical ties. Results and discussion. The article describes the social situation of Princes Edelevs, the features of land ownership, land use, property and ownership of serfs. The article discusses the history of the discovery and use of the source in the clerical work of the aristocratic deputies’ assemblies and the Governing Senate at the request of the descendants of Mordovian princes and Muzes from the Edelev family to restore the rights of the noble state. It poses the problem of studying the social stratification in Mordovian society, the typology and origin of the Mordovian aristocracy, the peculiarities of the titling and inheritance of power, its role in the historical and social development of the Mordovian people, as well as its legal status in the Russian Empire. It compares the situation of the Temnikov-Kadom Mordovian Tarkhans, Cossacks, White Field and Alatyr princes and Mordovian Murzes, serving Mordovians and Tatars. Conclusion. “Protective memory” indicates that in the XVI century there was a national Mordovian aristocracy, collaborating with Moscow and being in the service of Great Sovereigns, and subsequently becoming part of the nobility and other classes of Russian society. The choice of Mordovian princes ensured the relatively peaceful entry of Mordovian lands into the Russian Empire.

Download Full-text

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

Tambov University Review Series Humanities ◽

10.20310/1810-0201-2020-25-184-129-135 ◽

2020 ◽

pp. 129-135

Author(s):

Dmitriy I. Frolov

Keyword(s):

Public Relations ◽

Research Methods ◽

Religious Education ◽

Criminal Law ◽

Legal Status ◽

Legal Regulation ◽

Russian Empire ◽

The State ◽

The Russian Empire ◽

The Individual

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.

Download Full-text