History of the state and law of foreign countries. Cheat sheet: briefly, the most important

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History of the state and law of foreign countries. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

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Question 1. History of state and law as an academic discipline

The history of the state and law of foreign countries is based on the doctrine of state and law, the science of the theory of state and law.

Theory of State and Law - this is a system of knowledge about the most general laws of state and law, about the emergence, essence, functioning and development of state and legal phenomena. The state and law are studied in unity and interaction, since these are two very closely interconnected parts of legal reality. State bodies issue regulations that contain rules of law and take measures to implement them. On the other hand, state activities are carried out primarily in legal forms.

The structure of the study course of the theory of state and law directly depends on the specifics of its subject. In all educational publications, as a rule, there are two major sections - the theory of the state and the theory of law. In the theory of the state, the problems of the general concept of the state, the emergence and historical development of statehood, the functions and forms of the state, the apparatus of the state, and the significance of the state in the political system of society are usually considered. The theory of law studies the problems of the general concept of law, the emergence and historical development of law, norms and systems of law, legal acts, legal awareness, legal relations, the implementation of law, offenses, legal liability, legality, and some others.

History of the state and law of foreign countries as an academic discipline in chronological order introduces the specific historical forms of political organization of the society of foreign countries, their state mechanism, as well as the legal systems of the past. It considers the emergence and development of the most typical states, their class essence, the legal status of social groups of the population, monuments of law, and also clarifies the role of punitive bodies, courts, police, and prison institutions. The study of the history of the development of the state system in foreign countries facilitates the understanding of the forms and methods of class domination in a specific historical situation, and clarifies the reasons for the transition from one political regime to another. Familiarity with the legal systems of the past facilitates the study of current law. This academic discipline contains the basic information necessary for the study of state, civil, criminal, land law, etc.

The curriculum of the general history of state and law aims to contribute to the development of one's own view of history in general, history and state and law in particular, by providing a wide range of facts, historical examples, descriptions of the events that took place.

This academic discipline is designed to:

1) to serve the interests of the broadest training of the student in matters of state and law;

2) to provide such a degree of student training that would allow him to judge the state-legal systems;

3) create the necessary prerequisites for the best assimilation of such disciplines as the theory of state and law, the history of political doctrines, international law, as well as all other legal disciplines, including civil law, criminal law and procedure.

Thus, it should be noted that, like any science, the history of the state and law of foreign countries has its own subject.

The subject of science and the curriculum of the general history of state and law are the general patterns and specific features of the origin of the state and law, both in general and in certain regions and countries.

Question 2. State in Ancient Egypt

The emergence of the state. On the edge IV-III millennium BC uh. takes shape in Ancient Egypt 40 nomes - regions (the first units of territorial division). The ancient foundation of the nome was tribe. At the head of each nome was the "king", he is also the high priest of the local cult and the owner of the title of "channel manager". The unification of the forty regions does not take place immediately. First, two separate kingdoms arise - Upper Egypt and Lower Egypt. During the period of the so-called Early Kingdom, they are forcibly united by Pharaoh Menes.

The subsequent history of Ancient Egypt falls into three main periods, each of which spans many hundreds of years:

1) Old Kingdom (XXVIII-XXIII centuries BC uh.)

2) Middle Kingdom (end of the 3rd millennium - 17th century BC uh.)

3) New Kingdom (XVI-XII centuries BC uh.).

Considering the statehood of Egypt, we note that the most typical ancient Eastern despotism existed in Ancient Egypt. In ancient Egypt, the power of the pharaoh was unlimited, he himself was considered a person of divine origin, the son of the Sun. His name was not to be spoken aloud. Pharaoh means "high house". In official address it should be called in the third person. The decisions of the pharaoh on matters of administration, finance, command of the army, court had the highest power. He appointed his own successor. For him, colossal tombs were built - pyramids, the construction of which was carried out for decades and absorbed huge material and human resources. Only a few were honored with the high honor of kissing the Pharaoh's shoes. Lower-ranking officials approached his person on their stomachs, crawling. In the face of the despot, even noble people were in the position of slaves; at any moment, at his arbitrariness, they could lose their lives and property. Everything that they acquired was considered the result of the mercy of the pharaoh. The cult of the personality of the pharaoh was supported by the nobility, priests, and officials. Under the pharaoh, the chief nobleman and steward was the vizier (jati). In the Old Kingdom, this was the mayor. Later, his powers were expanded. He led the bureaucracy, was in charge of organizing public works. In some ancient Egyptian monuments, the vizier was called "the head of the entire state of the North and South," since he was in charge of administration, court, and was the interpreter of the pharaoh's commands. His power was immeasurable. With the participation of the jati, serious crimes of high officials were dealt with.

Continuing to consider the state apparatus of Egypt, we note that local administration was headed by royal officials (nomarchs). They had both administrative and judicial power in their hands. In cases where centralization weakened, the nomarchs turned into independent rulers and only nominally recognized the power of the pharaoh. They had their own army, their own police.

Even in the era of the Old Kingdom, the army had independent control. The manufacture of weapons, the construction of ships and fortresses were in charge of the "house of weapons". Warriors lived in separate settlements. For their service to the pharaoh, nomarch, a large temple, they received an allotment, which was processed by slaves. In a special position was the guard, or guard, of the pharaoh. During the suppression of uprisings, the army acted jointly with the police. The police officers were usually recruited from captured Nubian Negroes. They were overseers during public works, pursued criminals, performed the duties of executioners. In the era of the Old Kingdom, the police had not yet emerged as a separate department. On the ground, she obeyed a judge or a special official, in the capital - a vizier.

Question 3. State in Ancient India

It should be noted that caste division is a common feature of ancient Eastern society. However, in ancient India it manifested itself with the greatest force. According to the ancient Indian laws of Manu, the inhabitants were divided into four hereditary and closed social groups or estates (varnas):

1) brahmins;

2) kshatriyas;

3) vaishyas;

4) sudras.

Representatives of the first three estates were considered twice-born. The set of religious and legal prescriptions for members of each varna, their rights and obligations were called drachma.

The upper class were brahmanassupposedly born from the mouth of a god. Only they could preach religion. Brahmins were exempted from all taxes and duties, corporal punishment. Everyone had to reckon with the opinion of the Brahmin, even the kings. The king had to not only listen to the advice of the brahmin, but also give him pleasure and gifts. Brahmins were entrusted with the conduct of judicial and other state affairs. Brahman could not be in service. Laws described in detail the distribution of occupations and duties of the Brahmins.

The second varna of the twice-born was considered kshatriyas. Most often, military leaders and rajahs came out of them. Kshatriyas, according to the laws of Manu, are allegedly created from the hands of God. Their duty is to protect others, especially the brahmins. They constituted the military nobility. Only they were allowed to carry weapons, participate in campaigns. The penalty for killing a kshatriya was four times less than for killing a brahmin. A 9-year-old brahmin was considered the father of a 90-year-old kshatriya. The first two varnas were the dominant, privileged estates, although marriages between brahmins and kshatriyas were forbidden. The law called for the consent and cooperation of both estates.

Vaishya - the third varna of the twice-born. They allegedly appeared from the thighs of God. This category of inhabitants, the most numerous, was engaged in trade, agriculture, crafts. For killing a vaisya, the fine was only an eighth of the fine for killing a brahmin.

They belonged to the varna of the one-born sudras - hired workers, servants. Shudra can be bought and sold. Even when released by his master, he is not released from the duty of service. He is the one "whose property can be taken away by the owner." In the eyes of the law, a sudra is impious, association with him should be avoided, his testimony is always suspect, and he is punished more severely.

Over time, castes of people of similar professions arose within the Shudras and Vaishyas: blacksmiths, potters, hairdressers, sewage cleaners, etc. There were pure and impure castes. At the lowest rung of the social ladder were slaves, they were more often used as servants. They stood outside the caste system. It is characteristic that there were much more opportunities for liberation from slavery in Ancient India than in Ancient Babylon. Slavery in India had a domestic, patriarchal character.

The origin of the Varnas is not entirely clear. It is very likely that conquest and sojourn among a hostile people contributed to the early specialization of the two main political "professions" - the priestly and the military. Warlords and administrators carried out the conquest and enslavement of a foreign people, the priests watched over the purity of the "race", preventing the Aryans from mixing with the indigenous population. The Vaishyas absorbed the entire main people of the conquerors, while the Shudras were formed from some parts of the local population. In the original varnas, everything was simpler than later; marriages between a Brahmin and a Shudra woman were not forbidden, although they were not encouraged; Brahmins could do work that was then considered disgraceful. In the first centuries of our era, feudal relations began to take shape in India, and in connection with this, the process of "transformation" of varnas into castes took place.

Question 4. Ancient China

The emergence of the state in ancient China is associated with the fact that in XVIII century BC uh. union of tribes known as Yin, completed the conquest of another tribal union. The head of the victors became "king".

Archaeological data testify that all types of agricultural equipment of that era are widely used in the Yin state:

1) a plow and a plow (with a metal coulter);

2) harrow;

3) hoe, etc.

Agriculture has become the main industry. There are crafts, trade and money circulation.

A great contribution to the development of Chinese statehood was made by a dignitary Shan Yan. Yes, in the middle 4th century BC uh. On his initiative, a reform was carried out, as a result of which:

1) the free sale and purchase of land was legalized;

2) men living in the same house and leading a common household were ordered to separate;

3) in the course of the said reform, the old districts were also liquidated and a new division was introduced everywhere. There were such units of administrative-territorial division as counties. In the interests of government control over the population, mutual responsibility was preserved and strengthened.

Every five peasant families made up the original cell - the so-called. five-yard. It was headed by a headman, responsible to the state for the behavior of each of his people. Further, five five-yards made up a “village”, five “villages” - a clan, etc. This principle of “fives” was transferred to the army, where the soldiers were bound by mutual responsibility. In this case, all five were responsible for the offense of one. Characterizing Chinese criminal law, it should be noted that it has finally established principle of group responsibilitywhen the punishment was extended to the innocent. AT 209 BC uh. A huge uprising broke out. The result of this internal unrest was the overthrow of the existing ruling dynasty Qin. A certain weakening of the position of the peasants was also noted. In this case, the slaves were freed, and the communities were given back the right to choose their own elders. In the field of law, a mitigation of criminal sanctions has been noted. To sum up the above-mentioned transformations in China, it should be said that the reforms Shang Yana were successful. The disintegration of the community was inevitable and natural. The state, in turn, only contributed to this process.

It should be noted that Ancient China is a typical example of oriental despotism.

China was divided into regions and counties, headed by two officials:

1) civil governor;

2) military governor.

Considering the state structure, it should be borne in mind that the intervention of the central government in the affairs of government has become all-encompassing. Taxation and tax policy are distinguished by detailed thoughtfulness and clear regulation.

During the reign of the Han dynasty (II century BC - II century AD), the following is introduced into the state practice of China:

1) sale of positions;

2) a system for filling positions after passing an exam.

These measures made it easier for merchants, usurers, and wealthy artisans to penetrate the state apparatus to the detriment of the old nobility and forever closed access to management to people from the people. In the last centuries BC and in the first centuries of the new era, Chinese society and the state developed along the path from slavery to feudalism. Slaves were planted on the land, peasants were transferred to the category of tenants and dependent workers.

In 18 BC. e. as a result of the popular uprising, slavery in China:

1) part of the slaves was freed,

2) a law was passed prohibiting the killing of slaves without trial.

Question 5. Athens

Considering the Athenian statehood, it should be noted that the highest body of power was the popular assembly of full-fledged Athenian male citizens aged at least 20 years. The meeting was convened 2-3 times a month. It elected officials, adopted or rejected laws. The role of the National Assembly was very significant. Formally, any issue of war and peace, foreign policy, finance, justice could be discussed. Voting was by secret ballot, except for elections for military posts. Every citizen could speak and express his opinion on all issues, introduce a bill. The law came into force only after consideration by the Council of Five Hundred and a jury. It was posted for public viewing. Also, every Athenian citizen could seek through the popular assembly the repeal of any law, especially if this law violated the principles of democracy.

An important organ was Council of Five Hundred. Its members were chosen by lot by the people's assembly. The functions of the Council were very extensive. It acted as a municipality to manage all the services of Athens. He was in charge of the treasury, the state seal, control over officials.

Handled important court cases jury trial - helium. It had 6 thousand members. Every citizen over the age of 30 could be a judge. Heliea, by election, appointed one tenth of its members to consider the next case. The court was open and transparent. Helium as the most democratic body was used to fight the aristocracy. Many opponents of the Athenian system, including members of the Areopagus, were convicted of abuse of power, embezzlement, and bribery. Litigation was a means of political struggle. Their public character had the effect of discrediting the former nobility.

An important body of executive power was board of ten strategists. Its members were elected by the people's assembly by open voting, not by lot. Re-election for the next term was allowed. This rule primarily applied to military leaders. A person applying for the position of a strategist had to have a certain property qualification. This body was in charge of the treasury and external relations. The strategists prepared drafts of the most important laws for the popular assembly, but they did not give reports to the assembly. They were answerable to him only for malfeasance. The main place belonged first strategist... From the middle V in. The role of this board in the system of state institutions has increased sharply. The rise of the college of strategists meant a decrease in the role of the Areopagus.

Areopagus became a trial for premeditated murder, grievous bodily harm, and arson. The members of the court sat at night, during the process they put bandages over their eyes. Of the nine members of the college of archons, the first three had priority: archon eponym, basileus, polemarch.

First Archon considered the complaints of Athenian citizens and sent them for consideration on the merits.

Basile he was in charge of cults and held accountable for sacrilege, followed the morality of the priests. On his instructions, the offender was outlawed.

Polemarchus followed the sacrifices, arranged a commemoration in honor of the fallen soldiers. Under his supervision were cases, the subjects of the crimes of which were meteki, aliens.

Thesmothetes determine the order in which cases are to be heard in court. The cases of robbers, slave kidnappers, robbers were considered by the board of eleven. She was elected by the Council. Its functions included: supervision of prisons, execution of sentences. It was here that slaves were tortured if they were witnesses in the case.

Question 6. Roman state

Slave state of Rome - the largest in the ancient world. Its economic basis was the exploitation of slaves and small landowners. It was here that the famous legal system was created, the basis of which was the carefully developed institution of private property.

The history of Ancient Rome is divided into several periods:

1) Royal - the era of the tribal system (until the 6th century BC uh.)

2) Republic (VI-I centuries BC uh.)

3) Empires (I century BC e. - V century n. uh.). This period is also divided into principate and dominance.

When considering this issue, we note that the history of Ancient Rome dates back to VIII or start 7th century BC uh. The appearance of the first ancestral villages on the 7 Roman hills dates back to this time. The basis of economic life here was first cattle breeding, then agriculture.

Accordingly, the ancient cults practiced here are the cults of pastoral gods and goddesses:

1) the goddess of reproduction of cattle;

2) goddesses - patrons of young animals, etc.

During this period, there is a transition from bronze to iron, a plow appears, driven by oxen. Building, weaving, pottery, etc. are gaining a certain development. The population of the city was made up of two main groups.

1. Roman citizens, so called patricians. They were full citizens, divided into three tribes. Each tribe consisted of 100 clans. Every 10 births formed curia. Curia possessed common land holdings, received, according to legend, when the legendary Roman river (king) Romulus divided the Roman land into 30 parts - according to the number of curia (leaving part of it common to the whole city). Like the genera, so the curia had their own special holidays; Periodic common meals of curiats were practiced. Each curia had its own leader, gathered at meetings that decided their internal affairs, and spoke with a unanimous opinion at the general meeting of all 30 curiae (where each of them traditionally had one vote). The general popular assembly of the Roman community, the curate comitia, accepted or rejected the bills proposed to it, elected all the highest officials, acted as the highest court of appeal when deciding on the death penalty, and declared war. Cases of direct management, the development of bills, the conclusion of peace were within the competence of the Roman Council of Elders - the Senate. It consisted of the elders of all 300 clans and therefore was called so (from "Seneke" - old, oldest). These elders constituted the hereditary aristocracy of the Roman community, since the custom had taken root that they were chosen from the same family of each kind. Military leadership, supreme priestly and some judicial functions belonged to the king (rex) elected by the assembly of curia.

2. Plebei - not the indigenous population of ancient Rome. The origin of the plebeians is unclear and disputed. It is only certain that they stood outside the tribal organization and therefore could not take part in the management of the community. But they freely engaged in agriculture, crafts, trade. The plebeians were personally free, carried out military service on a par with the patricians, and paid taxes. Commercial and industrial wealth was concentrated mainly in their hands. When, over time, the land fund of Rome, which consisted in the virgin land adjacent to the city, was exhausted (due to population growth) and Rome turned to a policy of conquest, the plebeians were not allowed to divide the occupied territory. The land question was intertwined with the question of the political rights of the plebeians. Violent conflicts followed, leading to fundamental reforms.

Question 7. Reform of Servius Tullius

It should be noted that the very first and most important was the reform that historical tradition ascribes to the sixth Roman rex. Servius Tulliuswho ruled the city in the middle of the VI century. BC uh. reform Servia Tullia was produced separation of patricians and plebeians into five categories, or classes, depending on the property status:

1) the first class consisted of all those (both patricians and plebeians) whose property reached 100 thousand asses. Of these, 80 centuries (hundreds) were formed;

2) the second class - with a qualification of 75 thousand asses - received 22 centuries;

3) the third class - with a qualification of 50 thousand asses - 20 centuries;

4) the fourth class - with a qualification of 25 thousand asses - 22 centuries;

5) the fifth - with a qualification of 11 thousand asses - 30 centuries.

Rome's supreme authority was comitia centuriata, consisting of representatives of five classes of the population. Each class was assigned a certain number of centuries (hundreds). Each century had one vote and, therefore, acted as a single whole. The first to vote according to the established order were the horsemen and 80 centuries of the first class. If they agreed, that was the end of the matter: the rest of the centuries were not involved in voting. The required majority of votes was available (98 out of 193). This was how the main effect was achieved: the decisive influence in public administration matters remained with the rich. You should know that 100 thousand asses was taken to be a normal Roman land plot equal to approximately 5 hectares of arable land, yielding about 5 tons of grain. But since the main wealth at that time was supposed to consist not so much in land as in livestock, a common equivalent was chosen as the unit of measurement - the bronze ace. In both cases, we are talking about a fairly large farm, especially if we take into account the comparative modesty of life and demands characteristic of Ancient Rome.

reform Servia Tullia the city of Rome was divided into four territorial districts - tribes. Since 471 BC. e. meetings of the plebeians according to tribes, the so-called tribute meetings, received the right to issue decisions of a general nature, binding on some plebeians. Mandatory for the entire Roman community, that is, for the patricians, the decisions of the tributary assemblies became (according to one of the versions) with the adoption of the law Valeria и Horace в 449 BC uh. The same consuls passed a resolution that provided the plebeian, accused of a crime, to seek protection from the people's assembly - the centuriate comitia (the patricians had this right for a long time). AT 444 BC uh. the bill was introduced canulea on the admission of plebeians to the consular post, the highest in the state. The bill did not pass, but a compromise decision was made to allow the plebeians to fill the position of military tribunes with consular power. AT 445 BC uh. law of the people's tribune canulea Marriages between patricians and plebeians were allowed, which until that time had been strictly prohibited. Finally, in 367 BC uh. after a long and bitter struggle between patricians and plebeians, a law was passed Licinia и Sextia. They established the maximum size of land owned by individual families - 125 hectares and the maximum limits of a private herd grazing on a public pasture (100 heads of cattle and 500 small ones). It was also established that one of the consuls of the Roman Republic should be a plebeian. As can be seen from the above, the reform Servia Tullia still far from equating the patricians with the plebeians, not to mention the fact that the number of plebeians in the centuries of the first class could not be any significant.

Question 8. The political system of Rome in different periods of its existence

Political history Ancient Rome divided into two major periods:

1) a republic;

2) an empire.

The Roman Republic lasted for about five centuries, from VI to I century. BC uh. The central bodies of the republic were the following bodies.

1. Senate - the highest government and administrative institution. Formally, he had no legislative rights. On any issue, the Senate passed its judgment, opinion. Legally, his decisions were not binding on magistrates and popular assemblies. In practice, he had great authority. He could declare a state of emergency in the country. The slave-owning class saw it as the most important institution of the state, designed to protect their interests.

2. People's Assemblies - were considered legislative bodies. They were of three types:

1) meetings by centuries - decided the issue of war and peace, elected senior magistrates, adopted or rejected laws, granted citizenship, and were the highest court of appeal for those sentenced to death;

2) territorial tribe meetings - the influence of the plebeians prevailed here. Such meetings were called plebeian gatherings. Over time, the role of these assemblies increased, especially in the field of legislation, since their decisions did not require approval by the Senate. Plebeian gatherings resolved issues of admission to the highest positions of magistrates from among the plebeians. Later, these assemblies began to issue laws binding on all citizens;

3) curiat comitia - under the clan system they played an important role, but after the emergence of the state they lost it. They resolved issues of marriage and family relations, inheritance, and religious rites.

3. Magistrates. Day-to-day executive and administrative power was in the hands of the magistrates. The orders of the magistrates were considered binding on all citizens. They could veto the decisions of their colleagues. Magistrate positions were elective, fixed-term and gratuitous. The magistrates included censors, elected for 5 years. They compiled lists of citizens according to property qualifications, on the basis of which taxation was carried out.

The highest positions were occupied by representatives of a narrow circle of noble families. They also owned large tracts of land.

During the empire period, the initial period of the monarchy was called Principate, subsequent - dominant. Characteristic features were that the army of officials multiplied - military, civil, courtiers. The branched apparatus of the secret police operated. Informers on political matters received a quarter of the property of the convicts. The role of the people's assemblies has diminished. The magistrates effectively became officials of the princeps. Immense power was concentrated in the hands of the emperor: the issuance of laws, command of the army, the highest administrative and judicial power. He was considered the chief guardian of religion.

Dominat - the era of absolutely unlimited power of one person, expressing the interests of the largest slave owners. During the imperial period, the police were reorganized. If earlier she was subordinate to the consuls and aediles, then the princeps established the post of prefect of the city, endowed with broad powers to protect public order. He was subject to police cohorts, obliged to supervise the slaves. A special prefect led the city's fire brigade. The legate was at the head of the provincial police. It should be noted that the Roman Empire perished due to the crisis of its economic foundation, the process of decentralization, separatism, as well as slave uprisings and attacks by Germanic tribes.

Question 9. Early feudal France

At the end of the 9th century. feudalism became the dominant socio-economic structure. The highest nobility seized almost all communal lands and enslaved the peasants. The kings distributed letters of immunity. Its owner acquired administrative and judicial power over the inhabitants of the area. Even an official of the king could not appear in this territory without the permission of the lord. Immunity certificates gave their holders the opportunity to apply non-economic coercion to the peasants on an unlimited scale. Dukes, counts often shied away from their vassal duties to the king.

Spiritual feudal lords, bishops and abbots, received power from the Pope. The act of taking office was accompanied by a ceremony called investiture. Belonging to the feudal estate was determined by birth. Every feudal lord between the ages of 18 and 20 was required to undergo a rite of knighthood. In the presence of relatives, he was given a sword and spurs. During such a ceremony, the vassal took an oath of allegiance to the lord, who gave him the "kiss of peace." This rite was called homage. Knights formed the backbone of the king's army. At their own expense they purchased a horse and equipment. In peacetime, competitions (tournaments) were regularly held in which they demonstrated their ability to use weapons. The baldric, knight's belt and golden spurs were the insignia of a knight.

The peasants occupied the very last step in the social pyramid of feudal society. The community still survived, but became dependent on the feudal lords. In France, for a long time, the main form of exploitation of the peasants - serfs was corvee, and its duration gradually increased. In addition, they were taxed in cash in favor of the landowner. Personally free villan peasants paid chinsh to the landowner for the use of the land. Extreme need, and sometimes excessive piety, forced many free peasants to transfer themselves to the disposal of the church, the monastery. Such persons were called oblates. In favor of the church, tithes were collected from the peasants from all types of products. There were other forms of feudal dependence of the peasants. In mixed marriages of people of different classes, children inherited the lower social position of their parents. Without the consent of his master, a serf could not marry, change his place of residence, transfer part of his property to another.

В IX-XII centuries. Labor productivity in the village has increased noticeably. A characteristic manifestation of the development of social relations was the separation of crafts from agriculture, which contributed to the development of cities, especially in the south of France. Another positive factor accelerating the development of commodity-money relations is the revival of trade and the increased influx of peasants into the cities. Anyone who lived in the city for a year and one day was considered free. The peasantry suffered primarily from feudal fragmentation, anarchy, unrest and endless wars; the development of trade and the growth of cities were delayed. Almost every county and duchy levied duties on goods transported. All this infringed on the interests of merchants. The feudal secular and spiritual nobility (dukes, counts, abbots of large monasteries) recognized the power of the king very conditionally. Their possessions had their own administration, court, and their own coin.

Summarizing what has been said, we note that fragmentation of the feudal state - a natural phenomenon, but during this period there was a certain improvement in the tools of labor, which led to an increase in labor productivity.

Question 10. Byzantium. Development of feudal relations

The rise of the Byzantine Empire should be associated with 395 BC At this stage in history, the Emperor Theodosius I divided the Roman state into two parts - eastern and western. Constantinople (the name of the old Greek city of Byzantium) became the capital of the eastern part of the empire.

From IV century. Feudal relations began to develop in Byzantium. This process was slow compared to other countries of medieval Europe.

During the formation of feudal relations in the field of agriculture, slaves receive land and implements for use. At the same time, they are obliged to pay half of the harvest in favor of their masters. Free peasants are given under the patronage of large landowners. It should be noted that starting from IV to. A number of innovations were included in Roman law, especially in Byzantium, indicating a transition to feudalism. It should be noted that various groups of the population, primarily colons, were attached to individual professions and corporations.

From the XNUMXth century colon - an already dependent tenant, and the degree of his dependence increases. Slaves planted on the ground were considered slaves, but in fact turned into serfs. They farmed on small plots, and the previously free tenants began to gradually descend to the position of slaves planted on the land. With regard to the punishability of certain criminal acts, the colony, like people of the lower classes in general, occupy a position close to slaves. Feudal relations are also developing in cities. Artisans are attached to their colleges. The children of craftsmen are obliged to follow their father's profession.

A new stage in the development of feudal relations in Byzantium is VI-VII centuries. - Slavic tribes invade the Eastern Roman Empire. Begins active the process of Slavic colonization of these lands. They settle in vast territories:

1) in Thrace;

2) in Macedonia;

3) in most of Northern Greece;

4) in Dalmatia;

5) in Istria.

It should be noted that the Slavs retain their ancient communal orders in the new lands and for a long time resist all attempts to establish feudal oppression over them. With their support, the free peasant class is being revived among the indigenous population of Greece, and the old peasant community is rising. At the same time, large estates are decreasing. Peasants attached to the land are disappearing. Slavic colonization contributed to the destruction of the slave-owning order and accelerated the process of feudalization of Byzantium. The final formation of feudal orders falls in Byzantium on IX-XI centuries. Large landowners and military nobility ("dinats" - strong) seize peasant lands, subjugate rural communities, achieve a new attachment of peasants to the land. Since that time, in the Byzantine village, the main character on the feudal scene has become serf. As for the cities, the same strict control over crafts is established in them as in other European countries. It should also be noted that the state began to practice, starting from the 11th century, the distribution of lands for service, similar to how it was done under Charles Martel - among the Franks. And just as it was with the Franks, proniari (as the beneficiaries were called in Byzantium) seek to turn their official estates into inalienable estates, acquire administrative and judicial power over the population. Summing up the review of the process of formation and development of feudal relations in Byzantium, let us say that it proceeds in a special way - through the gradual elimination of slavery and its remnants.

Question 11. State system in Byzantium

As well as the development of feudal relations in Byzantium, the political system of the Byzantine Empire also has its own peculiarities in this case. Its main feature is maintaining a strong imperial power и the existence of a stable centralized leadership of the empire. The succession of the throne by inheritance (the principle of legitimacy) in Byzantium from the beginning of the XNUMXth century. becomes the main way to change the ruler, which replaces the existing way - election of the throne. In this case, as a rule, the heir to the throne was appointed co-ruler during the life of the emperor and was given the title of “Caesar”. Imperial power in Byzantium was revered. She leaned on a huge, strictly centralized control apparatuswhich is headed by:

1) on the one hand, the Senate (it has the traditional (often nominal) right to be elected to the throne, manage foreign policy, etc.);

2) on the other hand, by the State Council (discussed bills, affairs related to the management of the empire, etc., which were related to it, etc. His decisions needed the approval of the emperor).

Considering the state apparatus of the Byzantine Empire, we note that that the ministries belonged to the highest departments of the empire:

1) internal affairs (police);

2) foreign affairs;

3) military;

4) financial, etc.

The replacement of higher positions was the privilege of the senatorial nobility - the upper class of the empire. It was subdivided into 18 categories. Each one held strictly defined positions. The transition to a higher rank gave the right to a higher post. Note that from the XNUMXth c. local government of the Byzantine Empire is characterized by a combination of military and civil power in the hands of governor generals ("strategists"). The government wanted to see them strong and at the same time was afraid of the dangers associated with this, so a policy was pursued aimed at fragmenting the provinces and reducing their territory. The military forces of the empire consisted of soldiers for whom service was a hereditary profession. For their service they were given land plots.

Taxation was highly developed in Byzantium:

1) land tax, which the taxpayer delivered with his own funds, in the form of grain, etc.;

2) poll tax;

3) file from dwellings;

4) tax on wigs;

5) forced stays of soldiers and officials in the homes of the townsfolk;

6) forced sale of livestock and grain at reduced prices;

7) food supplies in the fortress;

8) forced participation in the construction of bridges, roads, etc.

As in other countries of Europe, in Byzantium, during the period of absolute monarchy, there was a comprehensive arbitrariness that led to blood flows - it was shed in accordance with one or another policy of the empire:

1) under the emperor Foke (602-610) many innocent people were executed;

2) emperor Andronicus (XIII century) belonged to the idea of a simultaneous mass beating of all prisoners and all their relatives. The application of this measure was explained by the state interest and the command of God.

Summing up, let's say that the preservation of a strong imperial power throughout the entire feudal history of Byzantium is explained by the following reasons:

1) the presence of many large urban centers;

2) the need for economic ties between regions and provinces;

3) the special acuteness of the class struggle, which is dictated by the unification of the interests of the peasant masses of the provinces and the numerous urban plebs, which led to an alliance between them;

4) constant foreign policy danger, supplemented by the need for effective suppression of the peoples subject to the empire.

The church in Byzantium supports a strong central government.

Question 12. Byzantine law

The Byzantine Empire left behind many monuments of the law of that time. One of them is code of laws of justinian. It should be noted that the interest of the emperor of Byzantium Justinian to law and judicial activity was quite large. Intervention in judicial activities, including as a high judge, was a common thing for him. Justinian believed that the security of the state should be based on weapons and laws.

Justinian's legislation had various aims:

1) the desire to bring the old law into the system;

2) the desire to give significance to the reign of the emperor - a native of ordinary peasants.

A lawyer was elected as the head of codification works Tribonian, who occupied one of the most important posts in the state. He was given only 15 employees. Three years after the start of work, two main parts of the codification were ready - “Digests” and “Institutions”.

Justinian's codification includes the following parts:

1) Digests, or Pandects ("collected", "containing everything") were compiled from the works of prominent Roman jurists (in extracts). Here the current law is stated and commented on. They consist of 50 books, each of which is divided into titles, provided with special titles. The main content of the Digest is Roman private law. At least a quarter of all material is assigned to inheritance by law and by will. The first book of Digest is devoted to state law, criminal and procedural law is set out in books 47, 48 and partly 49. By the nature of the prescriptions contained in them, books 47 and 48 were called "terrible". The compilers of the Digest used a huge material of at least 2000 books, selecting from it extracts from the pen of 38 prominent Roman jurists. Most texts belong to lawyers II-III centuries. - Celsus, Julian, Gaius, Papinian, Paul, Ulpian, Modestin and etc.;

2) institutions - a textbook for students of Byzantine legal schools. There were two higher legal educational institutions in the empire:

a) in Constantinople;

b) in Beirut (the Roman school ended up outside of Byzantium).

The training program was calculated for five years and, in accordance with the imperial constitution of 533, consisted of the following: in the first year, the Institutions and the first four books of the Digest were studied; on the second - fourth courses - Digests (up to 36 books inclusive); in the fifth year the Code of Justinian was taught;

3) "Code of Justinian" - a collection of imperial decrees (constitutions), prepared within a year by a commission of 10 people.

The last two parts of the codification Justinian are less important than digests. Code of Justinian, revised in 534 BC in connection with the publication of the Digest, it consists of 12 books containing the decrees of the Roman and Byzantine emperors starting from Hadrian (II century)... Wherein:

1) the first book treats questions of ecclesiastical law;

2) 2-8-I have private law as their content;

3) the 9th is devoted to criminal law;

4) 10-12th - administrative (police) rules of various kinds.

In subsequent years, Justinian's codification was corrected and supplemented by new decrees, which were often in the nature of interpretations. Such resolutions received the meaning of "constitutions" and were called "short stories". Most of them are related to 535-565 Of the subsequent Byzantine codifications, attention should be paid to:

1) "Eclogue" (VIII century), well known in the Slavic states;

2) "Agricultural Law", which authorized the existence of rural communities in Byzantium and regulated their legal life;

3) "Basilica" of the emperor Leo VI (890).

Question 13. Baltic Slavs

The Baltic Slavs occupied a rather vast territory, spreading along the southern coast of the Baltic Sea and further, between the Elbe and the Vistula. Among the Baltic Slavs, there was a decomposition of primitive communal relations and a gradual formation of the state took place.

The Baltic Slavs were distinguished by their numbers and strength. There are two most notable in this regard - Lutichi (Velety), Pomeranians и Bodrichi. Them main activities were agriculture, cattle breeding and sea fishing. At the same time, trade developed in the coastal tribes. The political structure of the Baltic Slavs was not the same for different tribes. In Pomorye, earlier than in other regions of this country, the dominance of the property nobility is established. The veche meetings of the city people become an instrument of the ruling aristocracy. Strong princely power wins among the Bodrichs, a territorial division of the population is carried out, taxation is strengthened, and princely administration is spreading. And here and there an early feudal state arises. Lutici stayed longer than others at the pre-state stage of development. Beginning with X in. Princely power disappears from them, management of affairs is concentrated in the hands of the people's assembly and elders. All these tribes, which together are called Lutich, are not ruled by one separate ruler. Discussing their needs at the meeting, they unanimously decide what needs to be done, and those who contradict the decision are beaten with sticks.

The remnants of the primitive communal system are the tribes ruled by the people's assembly, the prince and the elders, as well as such forms of territorial formations as clans and zhups. At the same time, it should be noted that the Slavic village lives in a community very similar to the Germanic community, there is almost no slavery of prisoners of war, and they prefer to sell slaves abroad or to noble households, where they work in the field and at court.

The German chroniclers, who visited Pomorie, were surprised to ascertain the customs of the Slavs, which had long disappeared in the rest of Europe. They note the "honesty and camaraderie" of the Slavs, their absence of theft and deceit. There were no locks, no "key". It should be noted that each father of the family of the Baltic Slavs has a separate hut intended for receiving guests, and if someone would like to eat, a guest or household members, they go to the table, on which everything is already laid. Such features of the life of the Baltic Slavs greatly surprised the wanderers who visited them, missionaries who arrived from distant places.

The bulk of the people are free people - smardy. They see their duties and their rights in participating in a people's assembly (veche), going to war, and avenging a blood offense. At meetings they are armed. Above smarda is worth noble person - a prince, an elder, a princely combatant, and in the cities of Pomorye - a merchant who got rich in trade, a landowner and an elder at the same time. Below smarda - semi-free "ten", a victim of "feed" (as debt bondage was called in Slavic Pomorie), a slave. Both of these groups, close in their legal status, formed the core of the dependent population.

The history of the Baltic Slavs ends in the 1160th century In XNUMX the Saxon duke Leo, taking advantage of the struggle between the Slavic tribes and having prepared allies for himself among the Slavic nobility, eager to establish feudal orders, begins the conquest of the Bodrichi. Following that, other areas were captured, including Pomorie. Together with the conquest, the physical extermination of the Slavs and the colonization of their lands by German settlers began.

Question 14. Poland. Emergence of the state

The beginning of Polish statehood dates back to IX century. This period of history is marked by the reign of Prince Meshko I. At this stage, the process of feudalization of Polish society was completed, a princely domain and large land ownership emerged. At Meshko I Poland accepts Christianity. A new element is pouring into the composition of the ruling class - the clergy. There are monasteries. Mieszko and his successors relied on a military squad, which numbered three thousand selected soldiers. Relations between the prince and the squad are built on the basis of vassalage. It should be noted that the power of the prince at that time was significant. However, a reservation should be made to its limitation to the council of the nobility and feudal congresses.

The heyday of feudal relations, as in other states of Europe, was marked by a period of feudal fragmentation. AT 1138 BC king Boleslav Krivousty bequeathed the country to his four sons. Each of them received a share. The capital inheritance was considered the main one. He was succeeded by the eldest son. He was supposed to be the political head as well. After the death of the prince, the inheritance passed to the next brother in seniority. The king in the capital, the prince in the inheritance become dependent on the elevated Polish nobility. Real power is concentrated in the hands of various kinds of feudal congresses: appanage, inter-agency, etc.

It should be noted that unlike the French or English kings, the Polish king was deprived of the support of cities. The reasons for this lie in the special circumstances associated with German colonization. Yes, with end of the 12th century. large landowners began to attract German peasants and townspeople to resettle in Poland. They enjoyed various benefits (exemption from all payments for the first time, firm chinsh in the future, internal autonomy, their own court, etc.). These advantages, recorded by royal and princely charters, promoted the German colonists to a special class, the richest and most influential. The urban poor, on the contrary, were Poles. The German colonists who dominated Polish cities were not interested in unifying the state and strengthening it. By the end of the 13th century. The peasantry fell into enslaving dependence on the landowners.

The ruling class consisted of three layers:

1) church feudal lords;

2) magnates, nobility (possible owners);

3) chivalry (gentry).

Church feudal lords had stronger ties with the papal throne than with the Polish king. The intervention of bishops in feudal feuds was common. The centers of trade and crafts were in fact in the complete power of the magnates, who tried to get income from the townspeople as quickly and as much as possible. The feudal lords systematically violated the so-called. "Magdeburg law", according to which cities had some autonomy in internal management, taxation and resolving litigation. This undermined the basis for the development of the burghers, the force on which the king could rely in strengthening his power. Next, in XV-XVI centuries. The country's economic decline is evident. The reason is the exploitation of peasants in its most brutal form.

At the beginning of the 16th century. the peasants were completely enslaved, and the size of the corvee increased. The magnates had their own administration and their own patrimonial court in their domains. The position of the state was negatively affected by the incompleteness of the centralization process. The bourgeoisie developed extremely slowly; this was hampered by the omnipotence of the nobility, which imposed exorbitant taxes on the cities.

A feature of the Polish state of that era should be considered the protracted process of feudal fragmentation and, as a result, the weakness of royal power.

Question 15

Poland was a single and fairly strong state. AT 1569 BC it united with the Lithuanian principality, forming the famous Commonwealth. The head of the Commonwealth was the king. However, the real power was wielded by the all-Polish so-called “Valny Sejm”. It was convened every two years.

Valny Sejm consisted of two chambers:

1) lower - "embassy hut". It consisted of deputies elected by the gentry's sejmiks. These delegates were provided with instructions from which they could not deviate.

2) the upper house of the rampart diet - senate - was represented by the aristocracy, the top officials, church hierarchs.

The reactionary political system established in medieval Poland had a negative impact on the course of the country's economic development. Thus, Polish industry fell into decline under the yoke of noble privileges, especially the noble export monopoly. Agriculture degraded as a result of a new strengthening of the feudal regime. Economic ruin, political anarchy, feudal strife, the incessant confrontation between political groups resulted in the weakening of Poland's military strength. And, as a result of these unfavorable circumstances, in 1772 three powers - Prussia, Russia and Austria, intervening in the internal affairs of Poland, produce its first division: significant border areas have gone to the three indicated powers. AT 1793 BC the second division of Poland takes place - this time between Prussia and Russia. The second partition of Poland had a severe impact on the country's economy and hurt the national feelings of the Poles. A revolutionary situation has arisen in the country. As a result of internal unrest in the country, the third and final partition of Poland took place.

Considering Polish law, it should be noted such a source as Polish truth. This is not official, but private codification. The ancient formalities necessary for the transfer of landed property from hand to hand are dying out. The act of alienation entered into the court books becomes sufficient. Polish criminal law is undergoing changes. Also in XII century. it does not distinguish between intent and negligence, it allows and widely applies liability without guilt (a family is responsible for the betrayal of one of its members, a village for a corpse found on its territory, etc.). The qualified death penalty for a number of crimes coexists with fines, and the use of one or another measure is not strictly regulated and depends on the discretion of the prince, king, and judges. Slavery, confiscation, expulsion are used. The amount of fines depended, as elsewhere, on the social affiliation of the perpetrator or victim and was of a class nature. Considering the sources of old Polish law, it should be noted that there was an attempt to make punishment dependent on the subjective side of the crime (intention, negligence). In Polish law, the distinction between “public” and “private” crimes is gradually being erased, and attention to recidivism is increasing. The Polish Truth contains a number of provisions about the judicial process, especially about ordeals, which existed in the form of tests with boiling water, hot iron, and combat. The verdict was first passed orally. Apparently, it began to be written down no earlier than the 13th century. Subsequently, the Polish process undergoes the same evolution as in Western European countries. Documents and witnesses are replacing the ordeals. Appeals against sentences and decisions began to be allowed, mainly in the form of accusing the judge of being biased.

Question 16

The Czech state arose at the beginning IX century. and did not last long - until the Hungarian invasion 906 BC Then the Czech Principality enters history, where, by the middle X in. An early feudal state takes shape. IN 1055 BC The Czech principality breaks up into appanages, and in the end XII century. to the prince Premysl I succeeded in restoring the state unity of the Czech Republic.

В XIV century. The class nobility assembly, the Sejm, was replenished with representatives of the cities. The transformation of the Sejm into a closed estate-feudal body contributed to the struggle for the throne.

The state structure of the Czech Republic developed along the path of noble democracy until the peasant war broke out, known as the Hussite revolutionary movement. The main force behind the movement was the famous Taborite army. Taborites (from the city of Tabor) considered themselves members of one Christian community based on equality and brotherhood. In this community, some fought, others delivered food and weapons. Attempts by the German emperor and the pope to suppress the Hussites ended in crushing defeats for the crusading armies. The anti-feudal war threatened to spread to Germany and Poland. The Emperor and the Pope decided to make concessions. Having come into contact with the right, conservative wing of the Hussites, they reached an agreement known as "Prague compacts". In addition to various purely ecclesiastical institutions, freedom of religion was affirmed, the secularization of church property was allowed, and ecclesiastical jurisdiction over criminal cases was abolished. But the demands for which the Taborites fought were not satisfied. Former allies of the Taborites - wealthy burghers and petty nobles were pleased with the agreement. They went over to the side of the emperor. At Lipany Tabor went out to his last battle with the world of oppressors and was defeated. At the same time, Emperor Sigismund, the organizer of the Crusades against Bohemia, entered Prague to become the Czech king.

One of the earliest monuments of the law of Bohemia and Moravia at the end XII century. are Statutes of Conrad Otto. Their full text has not been preserved; from the contents of the passages it is clear that these statutes were records of customary law. They were intended for the rulers of the regions - zhupans, who had administrative and judicial functions. Prince Otto Znoymsky, publishing a code book, wanted to strengthen the grand ducal power, limit the self-will of local feudal lords. The pans sought to secure for themselves the granted lands (beneficiaries) into hereditary estates. The statutes freed the clergy from the jurisdiction of secular power. They kept the ordeals ("God's judgment"). Feudal lords could send dependent people to the ordeals. If the serf did not stand the test and died, then the master was obliged to pay for the established amount. Most of the articles are devoted to procedural law. But there are separate articles on crime and punishment. Theft from a noble person was punishable by death with confiscation of property. A hard fate awaited the debtor, who did not appear in court on time on a claim for the return of a debt. The lawyer mentions a judicial duel, but only strangers were allowed to fight with clubs. The articles of the Code of Law make it possible in general terms to recreate the palace and patrimonial system of the Grand Duke. At the head of the princely cities and estates was kastelan (grad zupan). His duties included collecting and commanding the militia, collecting taxes, and administering justice. His assistant was ruler - steward of princely estates. Together with members of the city squad, he dealt with court cases. The control over the execution of court decisions and the collection of fees were entrusted to Komornik.

Question 17. Czech Republic under the rule of the Habsburgs. Czech law

This stage in the history of the Czech Republic is marked 1526 BC - accession to the throne of the Czech king Ferdinand Habsburg. Upon accession to the throne, he made a solemn promise to preserve in the Czech Republic the rights and privileges of its estates, its institutions, including local diets, ancient customs, etc. The new king did not keep any of them. The country, especially the cities, were burdened with new taxes, religious tolerance was replaced by severe persecution of Protestants, urban privileges were limited, national Czech state institutions were made dependent on the king and his administration. German nobles, merchants and officials strengthened their positions. General dissatisfaction with politics Ferdinand turned into rebellion 1547 BC, which failed due to the antagonism of the estates, the direct betrayal of the pans and lords, the cowardice of the urban patriciate. Suppressing the rebellion Ferdinand took away from the cities the last remnants of their former privileges and land holdings. The Czech throne was declared a hereditary possession of the Habsburgs.

All the most significant collections of medieval Czech law are private.

Among private codifications are known:

1) The book of the old master from Rosemberg (240 articles), which tells about the rules of legal proceedings in the pansky court;

2) "Row of Zemstvo Law" (93 articles), including many essential norms of old Czech law and procedure (XIV century.)

3) "An Interpretation of Czech Law by Pan Andrej of Duba" (1400 BC) and etc.

Meanwhile, the most complete is the codification of the outstanding Czech lawyer Quiz Cornelisz, called "Nine books on the rights of the Czech land" (1507 BC).

In the Czech Republic, special systems of law, in addition to zemstvo, constituted urban law, mining law, rural law, etc. Zemstvo books (“zemstvo boards”), where decisions of the zemstvo court in criminal and civil cases were recorded, were also among the sources of Czech law. These decisions had the force of precedent. Dwelling on the trial in the zemstvo court, it should be noted that in order to start a legal case, for example, about a murder, it was necessary to make an oral statement to the authorities, give the name of the killer and demand an investigation. At the trial, the plaintiff (the accuser) spoke first. He first asked permission to have a lawyer. The latter, in turn, asked that two lords be appointed, who would "whisper" advice in his ear and in the plaintiff's ear during the proceedings. The same was then done by the defendant (accused) and the defendant's lawyer. The defendant had to provide evidence of innocence. The burden of proof was on him. If his arguments were unconvincing, a duel was scheduled. But first, the parties had to take an oath, and the one who strayed lost the case. The nobles fought in "kaftans and underwear, with swords and shields"; peasants and townspeople, who did not have the right to bear arms, fought with sticks. Fighters could rest three times, each time for an hour. The winner cut off the head of the vanquished. The defendant, who did not dare to fight, had to go into exile. If the defendant referred to the fact that he had killed while defending himself, a special competition was appointed: kneeling and each holding the half of the caftan, the plaintiff and the defendant had to hit "half on the floor" so as not to miss. The one who missed lost the case. If the defendant failed to appear in court three times, the plaintiff could kill him. The plaintiff, however, had to leave revenge until another time if he found the defendant at his wife and she covered her husband with her clothes. When the victim had no male relatives, it was allowed for the wife or daughter of the victim to fight with the defendant (the custom gave the woman some significant advantages).

Question 18: Bulgaria

The formation of the Bulgarian statehood originates from VI century., when Slavic tribes began to colonize the Balkans. Next, in XNUMXth century., they form in Moesia (present-day Bulgaria) an alliance known as "Seven Slavic Tribes". In the 70s. the same century, the area occupied by the union of the Seven Slavic tribes was invaded by the Proto-Bulgarian nomadic horde, headed by the Khan Asparuh. They were at the stage of military democracy, that is, they were experiencing a period of decomposition of tribal relations. Under the influence of the military danger emanating from both Byzantium and the Avars, the Slavic nobility, leading the alliance of the Seven Slavic Tribes, had to enlist the support of the nomadic tribes of the Proto-Bulgarians. The resulting alliance became a reliable defense against the aggressive Byzantium. In terms of the level of economic and cultural development, the Slavs stood higher than the Bulgars, they outnumbered them, and therefore not the Slavs, but the Bulgars dissolved in the foreign people, assimilated with them, although they transferred their generic name to the country and its people. Therefore, VII century. marked by the emergence of the First Bulgarian Kingdom.

In IX-X centuries. Bulgaria is dominated by the feudal system. At this time, there are two main classes:

1) dominant - Bulgarian-Slavic tribal elders, some of the princely warriors and the clergy;

2) exploited - basically dependent peasantry. It consisted of three groups - bashtinnikovwho retained their paternal allotment, personal freedom and some opportunities for disposing of property; wigs - serfs, obliged by corvee and other duties in favor of the landlords and taxes in favor of the state; youths - slaves planted on the ground or who were at the court of the master.

In Bulgaria, state power was represented by the prince and his administration in the center and in the regions - voivodships and zhupas.

The Bulgarian king holds in his hands:

1) legislation;

2) the supreme court;

3) command.

Early XI century. Bulgaria was conquered by Byzantium and was under its rule for about 150 years.

At the end of the 12th century. Bulgaria regains its independence. It occupies a significant territory, expanded due to successful conquests.

Considering Bulgarian law, it should be noted that its first codification was called "The Law of Judgment to People", compiled at the turn of the XNUMXth and XNUMXth centuries. The law that is judgmental to people does not contain detailed regulation of the issues of criminal law. It should be noted that those guilty of stealing property, arson, stealing free people to turn them into slavery are punished quite severely. The concept of recidivism in theft is introduced. For him, exile (for the second time) and even sale into slavery (for the third time) is due.

The death penalty is provided for murder, especially for qualified murder (parricide, fratricide, etc.), but it distinguished a deliberate action from an unintentional one, assigning a lesser punishment for the latter. The Bulgarian court, apparently, had the opportunity to be guided by these norms, however, from other documents, in particular letters, we learn that under certain circumstances a fine was paid for the murder. When the killer was not identified, the village paid.

Civil law relations are regulated to a small extent. An innovation in the field of family relations is the establishment of a ban on polygamy. An order is established to expel a second wife (together with her children) from the house, marriage with a close relative is not allowed, arbitrariness is limited, punishments for apostasy are imposed.

Property relations are characterized by significant development. Bulgarian law is known for the hiring of things and labor, loans and pledges, guardianship and guardianship, inheritance by law and by will, etc.

Question 19: Serbia

In the period from XNUMXth to XNUMXth centuries. in the Serbian lands, the division into tribes, folk councils and councils of elders is preserved. Ancient customs have a noticeable effect on family relationships. So, several generations - descendants of one father - live together, as one family. They jointly own property, cultivate the land together, eat and dress from the common stocks. It is called after another. All power in such a family belongs to the family council. It includes all adult men and women. It should be noted that direct control is in the hands of one person - elected by everyone domachin. Important matters, including the trial of a guilty person, are the province of the family council, and no significant sale or purchase can be made without its consent.

The very first form of territorial formation was assholes - unions of clans. As elsewhere, in Serbia the transition to a state was marked by the struggle for the unification of the country and people under the leadership of a single centralizing force, which in the conditions of that time was the princely power. The initiative to unite the Serbian tribes and regions into a single whole came from Rashki - an area lying in the southwest of present-day Serbia, where to the XII century. a fairly strong princely power is established. Raska managed to create the first major territorial union of several regions, which became the basis for the formation of the Serbian principality. Further, to a large extent, Serbia strengthened as a state entity in the reign of Stefan Dusanwho accepted Lawyer Stefan Dušan - the most significant monument of old Serbian law. The time of his reign falls on the first half of the XIV century.

In Serbia, the ruling class consisted of estates.

On the upper step was the feudal nobility - rulers. The land ownership of the rulers was hereditary. She did not depend on the will of the king. The rulers occupied all the most important positions in central and local government.

Another feudal ruling class - rulers (feudal lords of lower rank).

Oppressed class - Serbian peasantry.

At the moment when Dusan proclaims himself king, the old cathedral of secular and ecclesiastical nobility retains its existence. The king constantly turned to him for the solution of every important issue. Yes, mentioned above Lawyer Stefan Dušan was adopted not by the king alone, but by the cathedral.

The basis of the administrative structure of the Serbian state was the principle of territorial division of the population. The old zhupas with the dominance of the clan nobility were replaced by new ones, in each of which there was a royal official. Zhups were united by regions.

As for the judicial system in Serbia, there were:

1) master's courts over serfs,

2) church courts over church people,

3) a special court carried out by an official who collects duties;

4) royal court (court, regional, city). Most of the time the regional court spent on the road, exercising general supervision of all justice in the country.

A relic of antiquity was long preserved in Serbia the court of the thugs (analogous to a modern jury trial). The name of this court came from the words “porota” or “company”, which meant an oath, an oath. Thus, the porotniki took an oath that they would judge according to their conscience. In a major case there were 24 porotniks, in a case of average scale and importance - 12, in a minor case - 6. Poporotniks were forbidden to reconcile the parties. Stefan Dusan's lawyer obliges the oppressors to either acquit or convict. The decision at this court was made by a simple majority of votes. This was a class court: for the rulers, porotniki - rulers, etc. were accordingly brought in.

Question 20. Lawyer Stefan Dušan. Breakup of Serbia

The most significant monument of Serbian law was Lawyer Stefan Dušan, which was accepted in 1349

In this case, it should be noted that Dushan's codification served to consolidate feudal relations. This collection of norms of ancient Serbian law contributed to overcoming pagan antiquity. This collection of laws was not a detailed regulation of all aspects of public and state life. It was supplemented by some Byzantine codes of laws. Although it should be noted that in many respects the Lawyer is critical of Byzantine law (for example, prohibiting pledges), and seeks to either eliminate or reform old customs.

The lawyer has undergone significant changes.

So, in 1354, additions were made to it:

1) it was forbidden to increase peasant duties;

2) judicial protection of peasants (including serfs) was allowed;

3) punishments for resistance to the state and landlords were increased.

Should stop at regulation by the Lawyer of the field of criminal relations - about a third of all articles. The compilers of the code took care, first of all, of the defense of the Christian religion against paganism, which has not yet been outlived. Returning to the latter or converting to another faith is punishable by death. Among state crimes, treason and robbery are in the first place. In the fight against them, the punishment of uninvolved persons is sanctioned, that is, objective imputation. In cases of high treason, "brother for brother, father for son, relative for relative" are liable, that is, all those who lived on the same household with the criminal. The traitor himself is punished by death and confiscation of property. Circular responsibility binds the Lawyer of the members of the friend. They must either extradite the culprit, or answer all together. And this applied not only to robbery, but also to theft, as well as other crimes, such as counterfeiting coins. Self-mutilating punishments and fines, borrowed from Byzantine law, were widely used. Failure to pay the fine was punishable by death. Self-mutilation extended to free peasants - if they gather for some reason without the permission of the authorities. The initiative in criminal prosecution for state and religious crimes belongs to the state. Serbian ecclesiastical courts are dominated by inquisitorial forms of legal proceedings. The state perceives them when investigating political crimes. At the same time, the old forms of the ordeal are widely used. Both the thief and the robber must "pass through the iron". The accused had to take out red-hot iron from the fire and carry it in his hands from the church gates to the very altar. Witness testimony is widely used. They believed only the very first testimony, subsequent ones were not taken into account. Consideration of cases was conducted, as a rule, orally and publicly. But at the same time, a protocol was written, and the court decision was recorded on paper.

Shortly after the death of Stefan Dusan, Serbia began to quickly disintegrate into destinies. This circumstance was not slow to take advantage of the Seljuk Turks, who were impatiently waiting in the wings.

In the battle on the Kossovo field in 1389. Serbs after heroic resistance were defeated by the Turks. The occupied lands were divided into service plots and distributed to the Turkish army. The government of Serbia was given into the hands of fanatical and cruel Muslim officials. The population, contemptuously referred to as the herd, had to bear the yoke of taxes, and in addition, every five years, give the conquerors a certain number of boys. The Turks brought up from them a select part of their guard - the Janissaries. With the conquest of Serbia and Bulgaria, their independent state existence ceased for a long time.

Question 21

The emergence of the Arab caliphate falls on a period when social relations in Arabia in VI-VII centuries. (on the eve of the Mohammedan (Islamist) reformation) were very complex. At this stage of history, primitive communal relations dominated most of the country.

They were clearly manifested in the following aspects of public life:

1) family ties of members of the society;

2) blood feud;

3) in common ownership of land, etc.

In this case it is noted:

1) allocation and strengthening of the tribal nobility;

2) trade and usury are spreading;

3) the emergence of fairly large cities.

The peasant population, living in rural communities, like the bulk of pastoral tribes, opposed the transfer of land into private ownership, stood on the positions of social equality. In this situation, a doctrine is spreading that in a religious form proclaimed the injustice of the concentration of power in the hands of the tribal nobility, recognized the equality of free people bound by a new religion (regardless of tribal affiliation), and predicted a way out of the social crisis through conquests carried out under the flag of a religious war . The new religion - Islam - attracted to itself also by the fact that it limited the taxation of the population to a relatively small contribution in the amount of one fortieth of real estate. Another characteristic feature of this religion is its penetration, penetrating almost all spheres of public and state life. Muhammad became the prophet of Islam. With the transformation of Islam into the dominant religion, Muhammad became the de facto head of all Arabia, and his relatives and closest associates stood out as a special privileged stratum of Arab society. The formed religious beliefs formed the basis of Muslim law.

The main sources of Islamic law are:

1) sunnah (supplementing the Koran);

2) fatwa (a collection of statements by authoritative commentators on Islamic law);

3) decrees of the caliphs.

If necessary, it was allowed to issue verdicts on the basis of adata (customs), which are one of the sources of existing Islamic law. The close connection between law and religion meant that the believer, wherever he was, must follow Muslim laws and customs. It should be noted that from the first half of the XNUMXth c. united Arabia moves on to mass conquest. Using the weakening of their closest neighbors - Byzantium and Iran, the Arabs capture Palestine, Syria, Egypt, conquer Iran, extend their power to North Africa and southern Spain, the Transcaucasus and Central Asia. A huge Arab power is formed, known as Arab Caliphate. The city became its center Baghdad. A significant mass of the Arabian population moved to the new lands. The Arab nobility, without breaking with slavery, began to quickly switch to a feudal way, acquiring estates and serfs. Most of the conquered lands were turned into state property. The peasants who sat on it were obliged to pay the land tax as hereditary tenants. The spiritual and secular head of state was Caliph. The combination of the highest secular and ecclesiastical authorities in one person is an important feature of the caliphate, giving it the character of a feudal-theocratic state. Among the highest officials of the state, the first place belonged to the vizier. So-called office sofas are becoming important. The regions were headed by emirs appointed by the caliph. With the beginning of the feudal disintegration of the caliphate, many of them turned into independent feudal rulers. The villages and cities were headed by sheikhs appointed by the government.

Question 22

Islamic law was closely related to religion. The main source of law was Koran is the holy book of Muslims. Its author is Muhammad, who is recognized as a prophet-legislator - Sharia. Accordingly, Islamic law was called "Sharia". There were additions to the Koran, which were collections of legends about the judicial decisions of Muhammad and interpretations of authoritative Muslim jurists.

According to Islamic law, there were the following lines of human behavior:

1) mandatory;

2) recommended;

3) indifferent;

4) condemned;

5) prohibited.

It should be noted that the system of obligations of Islamic law is distinguished by great thoughtfulness and quite clear regulation for that time.

Obligations from the contract fall into two groups:

1) contracts of exchange, loan, lease of property, purchase and sale;

2) partnership agreements, luggage, assignments.

A characteristic feature of Islamic law is the rule according to which the risk of accidental loss of the thing lies with the seller, as well as in a relatively simplified procedure for terminating the contract (if the purchased thing is defective, if the buyer, having completed the transaction without seeing the thing, considers that it does not suit him, etc.). Concerning family relations, then Muslim law proceeds from the unconditional predominance of the rights of a man over a woman. Sharia allows a man to have four legal wives and an unlimited number of concubines. Consent to marriage was not required from a woman. She did not participate in the conclusion of the marriage contract. When she got married, she passed into the power of her husband, had to avoid meeting strangers, not appear in public places, etc. The husband could resort to corporal punishment of his wife. Divorce under Islamic law is relatively easy to implement, but not on the part of a woman. Islamic inheritance law is highly developed. The testator has the right to dispose of no more than one third of the property at his own discretion. A distinctive feature of Muslim inheritance law is that only the rights, but not the obligations of the testator, pass to the heirs, only the property that remains minus all payments due on the debts of the deceased.

Criminal law. According to the nature of liability, all crimes can be divided into two types:

1) those for which the guilty person must answer with his body or his life (this includes theft and robbery (which entails cutting off a hand), adultery of a wife, murder in robbery (punishable by death), etc .;

2) those that he can atone for by paying a fine - murder (intentional and reckless), cases of injury and injury.

Recognizing blood feud, Sharia allows the relatives of the murdered to avenge the crime on the basis of the talion principle. However, they can also forgive the murderer if the latter or his relatives agree to pay the appropriate ransom. Judicial functions in the countries of the caliphate were performed qadii. They were appointed by the caliph or his local representatives from among those who met the necessary conditions common to a class society. In addition to judicial functions, they were entrusted with many others, including supervision of the distribution of inheritance, the marriage of women who did not have guardians, the establishment of guardianship, etc. Sharia does not know procedural law as such. Qadi was not bound by any sort of definite order of legal proceedings. The Muslim process does not know the prosecutor and the lawyer. Written records did not exist, as well as court deadlines, with the exception of one thing: no matter how difficult the case was, the qadi had to solve it in one day.

Question 23

The social system of the Arab Caliphate is characterized by the fact that at the beginning of the 7th century. The Arab system of military democracy that had existed for a long time fell into decay and began to become obsolete. There was a struggle for free lands. The nobility saw a way out of the difficult situation in a new organization of society, in aggressive campaigns, in the acquisition by armed force of new pastures, fertile lands, livestock, and slaves. However, the task of unifying the tribes of Arabia turned out to be impossible due to their complete independence.

Result:

1) tribal wars began to break out;

2) trade has declined;

3) the transit of goods has been reduced.

A new religious doctrine emerged. A merchant from Mecca, Mohammed, posing as a messenger of Allah, began to vigorously preach a new religion, which later received the name of Islam, which means humility. A number of requirements were set. So, for example, a Muslim was obliged to recognize Allah as the only god, and Muhammad as his prophet. In his early sermons, Muhammad condemned usury, slavery, called for helping orphans and widows. Of particular importance in those conditions was his idea of the brotherhood of all Arabs professing Islam, regardless of their belonging to tribes and clans. Thus, the former tribal division was undermined, with which almost any state formation began. As a result, the weakness of neighboring states, the relative tolerance of the conquerors made it easier for the Arabs to seize vast territories.

At the end of the 7th - beginning of the 8th century. All Arabs recognized Islam, which accelerated their unification. At the same time, their campaigns of conquest began.

During the 7th-9th centuries. Arabs captured Iran, Syria, Palestine, Egypt, North Africa, Armenia, and penetrated into Georgia. Under their blows, the decrepit Sassanid empire collapsed, and such a previously powerful power as Byzantium was forced to retreat.

It should be noted such a specific feature of the social system of the Arab Caliphate as bringing it closer to the ancient Eastern despotism. The land was considered the property of the state. It was divided into several categories and had its own legal regulation:

1) sacred (the place where the prophet lived);

2) waqf (allocated to schools, almshouses, religious Muslim institutions). The waqf land was in the use of the Muslim clergy (mosques, schools, hospitals, almshouses). No taxes were collected from this land. Many owners of iqts, in order not to serve and not pay taxes, concluded deals on donating their lands to the clergy, while retaining the right to receive income;

3) ikta (given for service). It is in many ways reminiscent of benefices. The only difference is that for its use it was charged to submit to the treasury. The owner of the iqta could dispose of the land, up to the sale. Confiscation of iqt was allowed only for a particularly dangerous crime;

4) mulch (privately owned);

5) communal ancestral lands.

The top of the ruling class were slave owners and feudal lords:

1) caliph;

2) numerous relatives of the caliph;

3) officials;

4) local nobility;

5) chiefs of troops;

6) the clergy;

7) large landowners.

Oppressed classes:

1) slaves;

2) peasants;

3) small artisans;

4) ruined Bedouins.

The legal status of a person also depended on belonging to the Muslim religion. Those who converted to Islam, as a rule, were exempted from paying the poll tax. He paid lower duties on goods and had a number of other benefits. The legal capacity of the Muslims was wider than the legal capacity of the Gentiles.

The latter were limited to:

1) in choosing a place of residence;

2) in choosing a profession;

3) on the move.

Gentiles were allowed to ride only on donkeys.

Question 24

Describing the Arab caliphate, it should be noted that it arose as an early feudal state in the XNUMXth century. The caliph was the head of state.

1) who at first was elected by the Muslim community, then he himself began to name his successor;

2) only one who came from the family of Muhammad and did not have obvious physical defects could become a caliph;

3) his election depended on the support of the influential nobility and the top of the army;

4) the highest spiritual and secular power was concentrated in his hands;

5) he was the supreme imam and chief emir;

6) the caliph was considered the supreme owner of the lands and unlimited, autocratic ruler;

7) he was the commander-in-chief of the army, often led it during campaigns, appointed and dismissed military leaders.

Even the most independent emirs had to reckon with the authority of the caliph in matters of religion and faith. He could impose an interdict, i.e., prohibit worship and other religious activities. The Caliph was to Muslim believers what the Pope was to Catholics. At the same time, he had a very significant military, legislative and administrative power. Even the Seljuk Turks reckoned with his title as high priest. As confirmation of the title of caliph, the feudal lord who seized the territory needed his sanction to own it.

Правление Umayyads In the middle XNUMXth century. was undermined by the discontent of the masses and the strengthening of the power of the Iranian feudal lords. The founder of the Abbasid dynasty moved the capital to Baghdad.

Under the Abbasids, the position of vizier appeared:

1) was considered the first adviser to the caliph, the keeper of his seal;

2) led departments (sofas): finance, troops, organization of irrigation works;

3) was in charge of the Caliph's property, accounting of lands, mail;

4) monitored the serviceability of strategic roads.

Judicial branch was fairly centralized and separated from the administration. The judge was called "kadi", who formally obeyed only the caliph. Most often it was a wealthy person who performed his duties free of charge.

As a rule, the verdict of the judge was considered final, it could be canceled only by himself or the caliph. The qadi had a number of other duties:

1) controlled how wills are executed;

2) supervised the division of property;

3) established guardianship;

4) supervised the condition of public buildings, roads and prisons;

5) married single women who did not have guardians.

Certain functions were performed by the postal department - the so-called. "varid". In addition to forwarding government messages, his local officials collected and sent Baghdad detailed information about the state of agriculture, about the harvest, about the state of finances, about the mood of local residents and the activities of the administration, etc. Thus, postal employees simultaneously performed the functions of state informants on the ground. Great attention was paid to the army as the backbone of the entire state, the guarantee of its prosperity and expansion: it was given 4/6 of the military booty. Warlords derived huge profits from the sale of slaves and the robbery of the captured population. There were many mercenaries in the army. Military leaders used land plots (ikts) for their service. The fate of the last representatives of the dynasty Abbasids became completely dependent on the mood of the feudal groups and especially on their personal guard, recruited from young Turkic slaves. In fifty years, the chiefs of the guard overthrew nine caliphs, and all of them were stabbed, strangled or poisoned. In the last period, the Caliph of Baghdad had only the authority of the high priest. AT 1258 BC by order of the leader of the Mongols, the last caliph was strangled.

Question 25. Bourgeois revolution in England

In considering this issue, we note that at the beginning XVII century. the development of capitalism in England was constrained by strict medieval rules. The most acute dissatisfaction was caused by the system of so-called monopolies. While the English bourgeoisie advocated free competition, the monarchs continued to sell patents for the monopoly production and sale of various goods and products. This kind of economic policy brought large revenues to the crown every year. In the countryside, feudal relations limited the ability to dispose of land property. The reign of the first Stuarts was marked by the desire to rely on the Catholic monarchs of continental Europe in their struggle with parliament. This policy was acceptable to the business community Englandwho represented the main support of the rulers. Further, their reign was marked by rapprochement with England's old colonial rival - Spain. This caused discontent among merchants and shipowners. AT 1625 BC ascended the throne Charles I he inherited the absolutist views of his father, who refused to recognize any rights for parliament. AT 1637 BC в Scotland an uprising broke out, sparked by the desire Charles I extend the absolutist order to this kingdom. As a result of these events, Parliament was convened several times. However, the situation continued to deteriorate. And in November 1640 the monarch had to convene the meeting then until 1653 BC new, so-called Long Parliament. The activity of the Long Parliament was perceived by the monarch as a signal for an immediate transition to a counterattack.

Charles I demanded that the House of Commons extradite the leaders of the opposition. Having been refused, the king tried to arrest his opponents himself. At this decisive moment, the people of London defended the opposition.

Charles I realized that the struggle with parliament would be difficult, so he fled to the north of the country, where he expected to get the support of the feudal nobility loyal to him. AT England the bourgeois revolution began. Its peculiarity was that the bourgeoisie, in alliance with the new nobility, fought against the monarchy, against the feudal nobility and against the ruling church. Summer 1642 Charles I declared war on parliament. The beginning of the war was marked by the victories of the royal troops - the poorly armed and untrained army of the parliament could not withstand their onslaught. However, in 1645 BC in a general battle Nezby the parliamentary army utterly defeated the royal army.

As a result of defeat Charles I fled to Scotland, and was soon issued to British officials. Power in the country actually passed into the hands of the army. The Independents, as representatives of the movement of the radical middle bourgeoisie and gentry, took advantage of this to crack down on the remaining supporters of the monarch. In this situation, they considered it possible to establish a republic. Representatives of the military masses demanded betrayal Charles I court.

The result of long events connected with the bourgeois revolution in England, a number of changes are being made in the state structure of England. Yes, in March 1648 The House of Lords was abolished "as a useless and dangerous institution for the English people." After the trial Charles I sentenced to death January 30, 1649 he was executed "as a tyrant, traitor, murderer and enemy of the good people of this nation". AT March 1649 The Act of Abolition of the Royal Title is passed. It stated that royal power was “useless, oppressive, and dangerous to the liberty, public safety, and public interest of the English nation.”

15 May 1640 England is officially declared a republic.

Question 26. Cromwell's protectorate. Resurgence of the monarchy in England

The civil war sharply worsened the situation of the masses. Thus, the bourgeoisie and the gentry shifted all their problems onto the shoulders of the people. Also, the agrarian policy of the Long Parliament caused great discontent. Another step that caused unrest in certain sections of the population is the fact that in 1645 BC feudal obligations of the owners of knightly lands in favor of the crown were completely abolished, only such payments in favor of landlords remained. There was also a sale of royal lands, estates of rebellious lords and the church in the interests of the bourgeoisie, the gentry. The dissatisfaction of the masses was also caused by the lack of religious and political freedom in the country. Unrest began in the army, due to the fact that the soldiers demanded democratic reforms.

Cromwell it was difficult to suppress these demonstrations.

December 16, 1653 the mighty Council of Officers proclaimed Cromwell Lord Protector England, and also developed the country's constitution - "Instrument of Management". Legislative power was vested in a life-appointed Lord Protector and a unicameral parliament. The head of state approved the bills adopted by the parliament, and under extraordinary circumstances he could issue laws himself. Considering the state apparatus England during this period of history, it should be noted that the executive power was given to the Lord Protector.

Thus, he had the following powers:

1) appointed officials;

2) conferred titles and titles;

3) enjoyed the right to pardon (with the exception of those convicted of murder and treason);

4) was in charge of international affairs;

5) with the consent of the majority of members of the government (the Council of State) could declare a state of war and make peace;

6) between sessions of Parliament, the Lord Protector single-handedly commanded the army and navy;

7) under certain conditions, he introduced and collected taxes by his own power.

Parliament - the legislature England - was to be convened every three years. The right to vote in the elections was given to persons who owned property worth £200. Considering the administrative-territorial division of the country, we note that Cromwell divided the country into 11 military districts, the power in which passed to major generals personally responsible to him. The last years of the Lord Protector's reign were an open dictatorship.

England gradually began to restore the monarchy. The reason for this was the limited social base of the English revolution, which held back the development of the monarchy. Thus, the bourgeoisie could maintain its position only by making concessions to the feudal nobility. The union between them was enshrined in the Breda Declaration 1660 BC (according to this document Charles II granted forgiveness to all persons who took part in the fight against the king, if they promise to be loyal subjects within 40 days from the date of publication of this act). This declaration proclaimed freedom of conscience - for the first time in the history of European countries of that time. The monarch swore to recognize as valid all the deals made during the revolution. Estates confiscated from the crown were subject to unconditional return Charles II without any compensation from the other side. However, the king did not get his property back. AT 1661 BC Parliament was convened due to the predominance of supporters of the king in it and was called Cavalry. Due to his venality, he also earned the nickname Pensioner. Relying on it and enjoying the temporary support of the bourgeoisie, Charles II ruled almost autocratically. He begins to form his own army.

Question 27

May 1679 represented by the fact that in the parliamentary elections in England won the Whigs, who wanted to limit the power Charles II. Faithful to this cause, they adopted the Habeas Corpus Act. The main idea of this document was that a person who believed that he was wrongfully deprived of liberty could apply to the Court of Queen's Bench with a request to issue him an order "Habeas Corpus", which was in the nature of an order to an official or a private person to present the arrested person to the court, as well as to give his explanations about the motives for the detention.

The magistrate then reviewed the circumstances of the case in a summary manner and made one of the following decisions:

1) release the detainee;

2) continue his further arrest;

3) release on bail.

It should be noted that published in 1679 BC "Habeas Corpus Act" (its official name sounded like the Act for the Better Securing of the Liberty of a Subject and for the Prevention of Imprisonment Beyond the Seas) eliminated serious shortcomings in judicial practice.

Turning to the trial, it must be said that the judge, to whom the detainee was brought, should, within two days:

1) release him;

2) subject to arrest;

3) release on bail.

A person released on the basis of habeas corpus could not be re-arrested on the same charge. The perpetrators were fined £500. To prevent "imprisonment across the seas" it was forbidden to send the inhabitants of England and Wales as prisoners to overseas possessions. Violators of this rule were punished by a fine in favor of the victim in the amount of 500 pounds and dismissal from office.

It should be noted that a habeas corpus order was often denied on the grounds that the arrest order had been made at the direction of the King or the Privy Council, or that the request had been filed during the holidays.

There were no mandatory procedural deadlines for officials, as well as sanctions for non-compliance with court requirements. If, on the other hand, the arrested person was sent to the overseas possessions of England, he lost all possibility of resorting to obtaining the above-mentioned order. However, despite some obvious gaps in application and execution, published in 1679 BC "Habeas corpus act" eliminated most of the shortcomings in judicial practice.

In this case, the sheriff or prison warden had to, within a certain period of time from the date of receipt of the habeas corpus order (depending on the distance), deliver the arrested person to the court that issued this order and give a detailed account of the reasons for the arrest.

If the official refused to obey, he:

1) first once paid the victim a fine of £100,

2) in the second - £200 and subject to dismissal from office.

Later, a prescription was established for judges, according to which they were obliged to issue a habeas corpus order not only during the session period, but also during the holidays. Violation of this rule entailed the payment to the victim of a penalty in the amount of 500 pounds sterling. The official was ordered to give the arrested person a copy of the arrest warrant within six hours.

As a result of a relatively short period of time in the process of reshuffling in the ruling elite of England, caused by dissatisfaction with the policy Charles II, the nobility and the English bourgeoisie offered in 1688 year ruler of the Netherlands William of Orange take the English throne. So, 1688 year в England passed under the sign of these events, designated as "Glorious Revolution". It should be noted that it became possible as a result of a compromise reached between the bourgeoisie and the nobility.

Question 28: Bill of Rights 1689 Act of Succession

The coup that took place marked the beginning of the process of establishing a constitutional monarchy in England. The formal side of these events was the adoption of:

1) Bill of Rights 1689 Yes, the Bill of Rights 1689 BC established that the monarch does not have the right to suspend laws and make withdrawals from them without the consent of parliament. The collection of taxes also had to take place only with the approval of Parliament. It was also required for the maintenance of a permanent army in peacetime within the kingdom. The bill secured some privileges of English subjects: the right to bear arms and petition the crown. Art. 3 declared free elections. Freedom of speech and debate in Parliament were proclaimed. The English bourgeoisie and aristocracy, taught by the experience of the Stuarts, who created by means of forgery and bribery an obedient parliament, which then sat for an indefinite period, wanted to establish the exact terms of office of this body. The systematic renewal of the House of Commons created some guarantees against bribery by its authorities. Adopted December 22 1694 BC The Triennial Act established that Parliament must be convened at least once every three years and its term of office should not exceed three years;

2) Act of Succession 1701 Thus, the expression of the struggle between Tories and Whigs was the publication in 1701 BC Act of Succession to the Throne (also called the Act of Settlement). This law was directed against attempts by reactionary feudal lords to restore absolutism in England. It prescribed that in the future every English monarch should profess the Anglican faith. This excluded the use of Catholicism as an ideological justification for an autocratic monarchy. To make it difficult for parliament to form a strong court party and to prevent the establishment of royal control over the activities of this body, the law introduced a rule according to which a person holding any paid position or place subordinate to the monarch and receiving a pension from the crown could not be a member of the House of Commons. The king's pardon was considered invalid in cases of impeachment. Thus, the House of Commons received into its hands a formidable weapon to control the royal administration. The judges have practically become irremovable. All bills acquired legal force only after their approval by Parliament. Kings were obliged to rule the country in strict accordance with its law. The Whigs feared that Wilhelm III and his successors, not being natives of England, will be able, relying on their compatriot ministers devoted to them, to establish an absolutist regime in the state. Therefore, it was ruled that no person born outside England, Scotland и Ireland or possessions belonging to them (except when the parents are English), even in the case of naturalization of non-coins, become a member of the Privy Council, Parliament or hold any position vested in confidence. Decisions taken by the Privy Council must necessarily be countersigned by the one of its members who agreed to this action (countersignature principle). Act 1701 BC established the order of succession to the throne: after the death of a childless Wilhelm III his successor was Anna Danish, and in the absence of the latter's heirs, the crown passed to the Hanoverian electors. The Whigs believed that uninfluential German princelings, who did not pose the slightest threat to parliament, should sit on the English throne.

Bill of rights 1689 BC and Act of Succession 1701 BC consolidated the principle of the supremacy of parliament over the crown and formulated the most important institutions of English bourgeois state law.

Question 29: Constitutional monarchy in England

The powers of the crown to govern the state gradually passed to the main advisers of the monarch, or rather, they were carried out by the latter on his behalf. They formed, as it were, an "internal" Privy Council, or cabinet of royal ministers. By virtue of the principle of parliamentary supremacy, the House of Commons could, through impeachment and bills of disgrace, bring to justice those responsible for failures in foreign and domestic policy. So, a number of statesmen appeared before the court of parliament. Over time, a clear distinction was made between the Privy Council and the Cabinet. If in the reign of the queen Anna the latter still met under her presidency, then under the first monarchs of the Hanoverian dynasty, he began to sit in their absence. The German princelings considered their stay on the English throne to be pure coincidence.

They focused all their attention on their family property. The absence of the monarch from cabinet meetings was significant:

1) the possibility of direct pressure on ministers was excluded;

2) he abstained from discussing issues of national importance.

In this case, the king had to deal not with the heads of individual departments, but with a relatively cohesive group of leaders of the majority in parliament, in relation to which the principle of collective responsibility operated. Although members of the cabinet were officially recognized as servants of the crown, "ministers of his majesty", the king could no longer dismiss an objectionable dignitary, as this would mean an imminent government crisis, and the head of state would have to make a proposal to form a government to the newly removed from power leaders of the parliamentary majority.

However, later the crown enjoyed very significant, and in some cases absolute power. AT con. XVIII - beginning XIX century. The influence of the monarch on the outcome of the elections and on the subsequent course of behavior of members of parliament was so great that almost all prime ministers held their posts thanks to their election by the crown.

In the convened George I 271 civil servants who were completely dependent on the crown sat in parliaments, at the time George II - 257, and after the 1782 BC reforms - still 109. In 1715-1835 the government has never lost an election campaign. The monarch also had a huge influence on the personal composition of the cabinets. The king had equally significant freedom when dismissing ministers. So, in 1801 и 1807 he demanded that the cabinet give a written promise never to introduce a bill to Parliament to remove political restrictions on Catholics. The bill, already discussed in the House of Commons, was withdrawn. Since the ministers did not provide the required assurance, they were dismissed. AT 1834 BC the government fell again at the will of the king. During the period under review, there was no rule according to which a negative outcome of a parliamentary vote meant the mandatory fall of the cabinet. In such cases, with the support of the monarch, the government could remain in power for a long time. AT 1785 BC for example, despite the fact that the House of Commons passed five resolutions of no confidence, the government did not resign. FROM 1834 by 1840 BC Lord Melbourne's cabinet was defeated 58 times in Parliament and still continued to govern the country.

So in XNUMXth century England the foundations of a dualistic monarchy were laid, which politically represented a consequence of a compromise between the nobility and the bourgeoisie. The real correlation of the forces of the allies was manifested in the share of the booty that was captured by them after the expulsion of the Stuarts.

Question 30. Electoral reform in England in 1832

In the period under review, power in the state was seized by the landed aristocracy. At the moment, the Upper House (House of Lords) was hereditary. This allowed the aristocracy to have a direct influence on legislation for a long time. The lords had a decisive influence on the elections in the cities, buying votes. Huge amounts of money were spent on this. The local government of England, as before, was concentrated in the hands of justices of the peace. These positions ended up in the hands of the titled aristocracy. It should be noted that in England in this period of history there was no mass, professional bureaucratic corps, the ruling circles, with the help of local governments, managed to create a numerous and fairly effective mechanism of power, which included about 180 thousand people. So, only lord lieutenants, assistant lord lieutenants, sheriffs, etc., there were 7,6 thousand people. To this must be added 10 jurors. There were 14 thousand towns in the country, in each of which there were constables, church elders, overseers of roads and the poor, and tax collectors. We also note that the command staff of the army and navy in the vast majority of cases was formed from representatives of the nobility.

The alliance of the English bourgeoisie with the landed aristocracy did not mean that the nobility always and in everything pursued a policy that satisfied its partner. The ruling elite was primarily concerned with the interests of a narrow cabal of land magnates. The industrial revolution ended in the middle XIX century., significantly changed the balance of forces in favor of the bourgeoisie. She began to seek a redistribution of power that would correspond to her increased importance. The bourgeoisie sought to establish its dominance in the House of Commons. But thanks to the archaic electoral system, the lower house of parliament was in the hands of the landed aristocracy. In cities, electoral qualifications were not the same: in some, membership in corporations or guilds was required, in others, payment of taxes and duties, in others, marriage to the daughter of a person who enjoyed the right to vote, etc.

Approved in July 1832 Act for the Improvement of Representation of the People в England и Wales deprived of representation in parliament 56 seats and all those cities in which there were less than 2 thousand people. Settlements, where from 2 to 4 thousand people lived, now began to elect only one deputy. As a result, 143 seats were vacant in the House of Commons. They were distributed as follows: 62 seats were given to counties, 63 to cities, and 18 to Scotland и Ireland. Simultaneously with the redistribution of vacancies, a new electoral qualification was introduced. The right to vote in parliamentary elections was given to those inhabitants of the counties and cities who owned property that brought in 10 pounds sterling of income a year. As a result of the transformations that took place, the number of those who enjoyed the right to vote increased very slightly: in the counties it rose from 247 to 376 thousand, and in the cities - from 188 to 256 thousand people. The situation of the masses has hardly improved. However, when considering this issue, it should be noted that the electoral reform 1832 BC was of great importance, as it was the victory of the entire class of capitalists over the landowning aristocracy. Also, this reform related to the representation of the interests of the people in the ruling circles England, was a significant achievement in the development and formation of English statehood.

Question 31: Parliamentary monarchy

Considering this issue, we note that as a result of the electoral reform 1832 BC the balance of power between the House of Lords and the House of Commons began to gradually change in favor of the latter. Period from 1832 to 1867 called the "golden era" of English parliamentarism. The House of Commons overthrew prime ministers it did not like with relative ease. Such a fate befell 10 cabinets over the years. The English Parliament became the pivot of state life, a powerful tool in the hands of the ruling class. After the electoral reform 1832 BC some measures were taken aimed at updating the state apparatus, adapting it to work in the new conditions. Measures aimed at creating a well-functioning state apparatus were taken in the ministries of finance and the military, as well as in the admiralty. AT 1853 BC a special Commission on the Affairs of State Institutions is created, and in 1855 BC an examination system for enrolling in the crown service is introduced with the division of officials into special categories and classes.

The most conscientious workers England came to the conclusion that easing the lot of the working people should be expected only from the people's power. As they expected, it can be established using the suffrage. The working class hoped to create a new government by holding demonstrations, rallies, and filing petitions with parliament. These petitions became known as "people's charters" (in English charter: hence the chartists - supporters of the charter).

The Chartists made six demands:

1) equal constituencies;

2) abolition of the property qualification for deputies;

3) universal suffrage for men;

4) annual parliamentary re-elections;

5) secret ballot;

6) establishment of the Chamber of Deputies.

In the light of the above events in 1867 BC a new electoral reform was carried out, as a result of which, along with the industrial and commercial bourgeoisie, the labor aristocracy also got the opportunity to participate in parliamentary elections. In December 1884 BC Another electoral reform was carried out. Its main effect was that the right to vote in the counties was given to persons renting unfurnished lodgings at a rent of £10 per annum. The number of voters in England increased by 2 million people.

After these reforms, an active process of formation (understood in the modern sense of the word) of political parties began. The old methods of direct bribery could no longer bring immediate results, as before. Now work among the population, the ability to force voters to vote in the sense desired by the party, skill in the fight against rivals for votes began to decide the success of the matter. The main pillar of the liberal party was entrepreneurs in the textile, shipbuilding and other industries interested in "free trade". They were followed by part of the industrial proletariat, the petty bourgeoisie, the majority of the English intelligentsia, and some clergy. The liberals were also supported by representatives of banking capital. They received many votes in parliamentary elections in Ireland, speculating on the issue of home rule (self-government). AT 1893 BC the Independent Workers' Party, based on a broader social basis, is established. AT 1900 BC A special Workers' Representation Committee (CRC) was formed. Organized workers joined him through their trade union organizations. Despite the fact that the social base of the PKK was trade unions, it did not set itself the goal of fighting for socialism. Committee in 1905 BC changed to the Labor Party.

Question 32

The Cabinet of Ministers in England, as a representative of the executive branch of government:

1) determined the direction of the national policy;

2) exercised executive power;

3) supervised the legislative activity of the Parliament.

All the work of the cabinet took place under the direct supervision of the prime minister. Communication with the monarch was maintained through the prime minister. He also led the central bodies of his party and managed its funds. The establishment of government control over the House of Commons was marked by a decisive invasion of the cabinet into the legislative sphere, which had previously been the exclusive competence of parliament. It should be noted that the legislative initiative shown by ordinary deputies has practically lost all significance. Thus, bills not supported by the cabinet had no chance of gaining parliamentary approval. Many bills could only be proposed by the cabinet. The helplessness of parliament and the omnipotence of the cabinet of ministers were especially evident during the discussion of the budget and other financial bills.

Bills of this kind were introduced only in the name of the crown, that is, in fact, the cabinet. The House of Commons had no right either to increase the amount of appropriations or to change the purpose of its purpose. The so-called “fixed expenses” available in the budget, which are not subject to discussion, could in no case be reduced by the House of Commons (civil list, costs of maintaining judges, secret fund, etc.). The cabinet could issue regulations without the participation of parliament (delegated legislation). The absence of a written constitution in this country removed even formal obstacles to expanding the legislative functions of the government. It should be said that the procedure of the English Parliament was brought into line with the changed conditions.

В 1881 BC the so-called "hurried resolution" is adopted, according to which the prime minister received the right to propose to the House of Commons to recognize this or that issue as urgent. Such a proposal was put to the vote without any discussion. This rule was enshrined in 1882 BC as a permanent rule of parliamentary rules. The institution of termination (or closure) of debates was further developed in 1887 BC All deputies received the right to propose ending the discussion. Such a resolution had to be put to a vote immediately. This measure was especially effective when a separate issue or bill was passing through parliament.

В 1909 BC The speaker of the House of Commons received the right: from among the amendments proposed to any article of the bill, choose one that, in his opinion, most clearly illuminates the issue. The new procedure is called "kangaroo care". The cabinet could also act on the basis of powers conferred upon it by the royal prerogative or statutes. Thus, he had complete freedom in relation to the crown colonies and other possessions of Great Britain. The Minister for Foreign Affairs informed Parliament about current diplomatic activities only to the extent that he considered this possible.

The most important foreign policy matters were carried out without the slightest participation of parliamentarians. If the government considered it necessary to make a statement in the House of Commons on foreign policy issues, then the Foreign Secretary often deliberately lied to the commoners. The control of the “people's representatives” in the military field was just as illusory. Thus, many areas of state activity were beyond any control by parliament.

Question 33

As a rule, representatives of the judicial branch of government came from privileged circles. For centuries, holding the office of justice of the peace was conditional on the possession of considerable property. The position of judge in the UK at the turn XIX-XX centuries. was unpaid. It should be noted that the organizational structure of justice bodies UK was quite complex.

November 1, 1875 was established Supreme Court of Great Britain, consisting of two parts:

1) High Court. This institution had its own departments:

a) the court of the king's bench, of which the courts of assizes were legally a part;

b) the chancellor's court;

c) the court of general claims;

d) court of the Chamber of the Chessboard;

e) Admiralty, Wills and Divorce Court.

All divisions of the high court were equally able to apply both the common law and the rules of law developed by the chancellor's court. It should be noted that the branch of the court of king's bench had comprehensive jurisdiction over criminal matters. As a first instance, it considered especially important crimes. In this case, a special procedure is applied: three crown judges and jurors participated in the process. It also dealt with civil cases outside the jurisdiction of other divisions of the high court.

2) the Court of Appeal for Civil Cases.

As far as criminal law is concerned, 1879 BC The Department of Public Inquiry was created in the UK. Supervision of the activities of this department was assigned to the Attorney General.

In 1886, rules were adopted providing for cases when the director of the department of public investigation was obliged to initiate a criminal case:

1) if the crime was punishable by death in cases of counterfeiting and malicious bankruptcy;

2) by order of the Attorney General or the Minister of the Interior, when state intervention is necessary in the public interest due to the special complexity or importance of the crime.

В XVII century. the functions of maintaining public order were assigned to justices of the peace and their subordinates - constables. IN 1829 BC A law was passed creating the police of London - Scotland Yard. The London Police were under the direct supervision of the Home Secretary. AT 1840 BC Scotland Yard created a special detective department, which was then transformed into 1878 BC to the Criminal Investigation Department. AT 1883 BC a special department was established here, the task of which was to fight against national liberation movements and opposition political forces. It should also be noted that there was a special form of police force - special constables called up for service in case of emergency (during a strike, for example).

It should be said that in the UK for a long time prisons were intended only for the detention of the accused until sentencing. Further, they began to serve their sentences.

During this period of time, several normative acts were adopted that regulate certain areas of the judicial system:

1) an act on the prevention of crimes 1879 BC introduced a conditional sentence;

2) in 1871 BC special supervision of recidivists is established;

3) in 1908 BC the law on habitual offenders began to operate;

4) in 1908 BC the Juvenile Offenders Act was issued;

5) in 1898 BC the Habitual Drunkards Act was issued, which allowed those who committed a crime under the influence of intoxication to special medical institutions for a period of three years if the convicted person was sentenced to hard labor or imprisonment and is a "recognized drunkard".

Question 34 general characteristics

The English law of the period under consideration contained the features of the previous era. However, in its essence it was the first capitalist state in the world, which, thanks to specific historical conditions, was able to maintain a feudal character for a long time. Another distinguishing feature is the independence of the Anglo-Saxon legal institutions. It should also be noted that English law has not been codified. In this case, customs played a huge role. This made it quite difficult to apply the law even to the most highly qualified and high-ranking lawyers. Yes, in the middle XIX century. A scandal erupted when the Court of Queen's Bench heard a case for many years in which the parties' claims were based on a law that had already been repealed. Moreover, at the same time, Parliament itself issued a statute that repealed a number of laws. But as it later turned out, parliament had already made a similar decision 20 years ago. Many legal relations were regulated by the so-called “common law of the country,” which was defined as unwritten - as opposed to statutory.

So, there are three types of norms of such a legal system:

1) operating on the territory of the entire state;

2) operating in certain regions of the state;

3) applied in various judicial bodies.

The vagueness inherent in the common law has meant that a huge role in the administration of justice in the UK has been assigned to magistrates. They were the interpreters of the laws. The magistrates also acted as commentators on judicial decisions, from which they then deduced certain principles or created doctrines. FROM XVII century. English lawyers, philosophers and public figures begin to oppose common law. They demanded the streamlining and codification of English law. Thus, the famous English philosopher and lawyer bantam wrote about the English system of precedents as a "conspiracy of lawyers against the people" because, according to him, the lawyers were directly interested in ensuring that the law was not reduced to a few rational principles. He unsuccessfully demanded the abolition of the common law, citing its obvious shortcomings.

It is necessary to note the huge role of judicial practice - the source of English law. In this case, in the middle XIX century. the collection of judicial precedents amounted to 1200 volumes, and to 1890 BC there were already 1800 of them. 1854 BC An Act of Parliament formally recognized the binding nature of judicial precedents.

For their application, special rules were established:

1) the higher courts do not depend on the decisions of the lower ones;

2) the court of first instance is not bound by the decision of a judicial body of the same competence;

3) each court is obliged to follow the conclusions of the highest judicial instances;

4) the House of Lords is limited by its own previous decisions.

Application of judicial precedents in UK was associated with numerous problems, when in similar cases there were two or more conflicting opinions of the most authoritative courts UK. It should be noted that judicial precedents served as the main source of common law. English judges had complete freedom to choose legal doctrines convenient for them. Despite profound changes in the economic and political life of the country, its legal system remained largely unchanged, even after England entered the monopoly stage of development.

Despite all these shortcomings of English law, the codification of legal norms was never carried out, and this idea was not approved in the ruling circles.

Question 35. Civil law. Criminal law and process

Special attention should be paid to civil law Great Britain, since only the most important civil legal relations were subject to legislative regulation:

1) in 1875 The Act on Special Rules for Concluding Real Estate Transactions was adopted. It provided for mandatory registration of such contracts;

2) in 1882 the law on bills of exchange, which streamlined the bill of exchange law, was published;

3) in 1893 issued an Act on the sale of goods. He settled the relationship between the seller and the buyer and established the moment of transfer of ownership of the acquired things;

4) in 1893 "trust property" was regulated by law. "Trust" was recognized as a universal institution: it could be created for any purpose, with the exception of illegal ones;

5) in 1907 the concept of "private company" is introduced - a legal entity that did not place assets among small investors and was not required to disclose its balance sheet.

It should be noted that the norms of social law UK were the result of the struggle of the proletariat.

United Kingdom, for a long time the main capitalist country of the world, was the first to face what was later called the "labor question". The response to the organized actions of the proletariat was the publication in 1799 an act that forbade any associations that set as their goal the demand for higher wages (the law against the coalition). The legal status of professional organizations was completely indefinite. The Act, issued in 1871 under pressure from the working people, did not provide for trade unions. AT 1908 BC pensions for the elderly are introduced, which were paid to persons who have reached the age of 70, who have lived the last 20 years within UK, who during this time did not receive help from charitable societies, did not refuse to do what they could and did not receive an income of more than 30 guineas a year.

Statutory law was of particular importance for criminal law.

So, in 1861, several important laws were adopted:

1) damage to property;

2) about forgeries.

Published in 1916 BC The act of theft absorbed 73 previously issued statutes. It provided for criminal liability for all property crimes:

1) theft;

2) burglary;

3) blackmail;

4) robbery;

5) fraud;

6) misappropriation.

Published in 1913 Forgery of Documents Act also incorporated 73 previously existing statutes.

The punishments imposed by the English courts were notable for their excessive cruelty.

Thus, during the period under review, the following types of punishments were applied:

1) the death penalty;

2) link;

3) hard labor from 3 years and for life;

4) imprisonment;

5) corporal punishment;

6) fine.

The criminal process in the English court had its own peculiarities. So, crown magistrate had great powers. He could give his assessment of the sufficiency or insufficiency of the evidence presented, which for the most part influenced the minds of the jury. If the judge does not agree with the opinion of the jury, he may invite them to reconsider the verdict. It should be noted that the jurors were recruited from the propertied strata, which also affected the objectivity of the decision. It should be noted that the sentences decided by the Crown Judge could not be overturned. Previously, a wrongful sentence could only be overturned if the crown agreed to issue an "error order". The verdict under appeal was subject to cancellation only on the condition that a legal error was discerned from the minutes of the court session. English criminal procedure law for a long time did not know the institution of review of cases due to newly discovered circumstances.

Question 36

When considering this issue, it should be noted that Соединенные Штаты Америки as an independent state were proclaimed in 1776 BC At the same time, it took the American people another seven difficult years of war with England to ensure their independence. Only in 1783 by the Treaty of Versailles England recognized state sovereignty. Meanwhile, let's pay attention to the very course of the war for independence. America.

Thus, the War of Independence USA had its own characteristics.

Here the main driving force of the revolution was the lower classes:

1) farmers;

2) workers;

3) artisans;

4) small owners.

Most of the bourgeoisie, who acted in alliance with the landed aristocracy, went over to the side of the patriots.

During the war for independence, the following problems had to be solved:

1) abolish slavery;

2) allow free access to lands beyond the Allegheny Mountains;

3) to give freedom of entrepreneurial activity to the commercial and industrial bourgeoisie;

4) achieve recognition of the political rights of the settlers to self-government.

April 19, 1775 between the colonists and the British troops began open hostilities. The American Revolution took on a popular, national liberation character. May 10 at Philadelphia opened Second Continental Congress, which sat intermittently until 1779 BC Due to the emergency situation, the congress turned from a consultative body into a plenipotentiary assembly of representatives of all the colonies. He began to fulfill the functions of the federal revolutionary government. Colonel J. Washington was appointed commander in chief. In June, the creation of a regular army of volunteers was announced. In response, the king declared the colonies in a state of rebellion. It should be noted that part of Congress believed that a compromise could be achieved by a peaceful settlement of the dispute with England. This explains the adoption of resolutions expressing loyal feelings towards the king even at a time when blood was shed on both sides. Many decisions of the congress were vague, as the representatives of the bourgeoisie and the aristocracy were afraid of the people. In response to the blockade of ports, Congress repealed all English trade laws, authorized privateering, confiscated the property of the king's officials, and offered to imprison them. The war for independence was intertwined with the civil war of the patriots against the royalists (supporters of England).

Considering colonial America, we can say that the government England considered the colonies as markets and a source of raw materials. It infringed on the interests of the not yet strong American bourgeoisie. At the same time, the Americans were not allowed to engage in the slave trade - a very profitable business. The transport of goods was carried out only by English ships, although a third of them were built in North America. The colonists were deprived of the opportunity to produce many iron products. Government England resolutely opposed the unification of the colonies and in every possible way hindered their desire for political independence.

The colonies in North America were divided into three types:

1) privately owned;

2) owned by companies;

3) actually royal.

They were run by governors. Management was carried out on the basis of royal charters. Judicial disputes were resolved by common or statutory law England. It was assumed as obvious that this right does not apply to the native population and is valid only among white settlers. The first attempts to establish communication between the colonies were made back in 50s of the XVIII century.

The desire of the representatives of the colonies to convince the king to make concessions was crushed by refusal.

Question 37

July 4, 1776 was accepted U.S. Declaration of Independence. This day is considered a national holiday - Independence Day. Her project was commissioned to prepare a commission of five members of Congress, headed by Thomas Jefferson, thirty-year-old planter, from Virginia. The Declaration in an accessible form expressed the interests of the American people related to freedom and democracy. The Declaration substantiates the reasons for the complete severance of political and state ties with England. This document contains the formula for unlimited democracy - the idea of a state that does not recognize tyranny. The Declaration's provision that every American has the right "to life, liberty and the pursuit of happiness" applied to everyone without exception. The Declaration is the first constitutional charter in the history of mankind, which contains the ideas of popular sovereignty, the right of the people to revolution and the overthrow of an unwanted government. Compiled during the period of the rise of the revolutionary liberation struggle, it does not contain any mention of private property as an eternal and inalienable right, which would later be written down in all the constitutions of bourgeois countries. The Declaration does not reveal the class nature of the state, does not condemn racism, and is silent about women's rights.

An important constitutional act issued during the War of Independence are the Articles of Confederation, which came into force. March 1, 1781 In essence, this is an agreement on alliance and cooperation between thirteen independent states. In it, the former colonies are called states, each of which retained its sovereignty. The Articles of Confederation reinforced the desire of the former colonies to gain independence by united efforts. They reflected the principles of the American Confederation. The states were extremely vigilant about maintaining their independence. Even under the conditions of a difficult war of liberation, they chose not to go further than recognizing a loose confederal union. The entry into force of the articles of confederation coincided with a turning point in the war with Englandwhen Washington's troops inflicted a series of major defeats on the British. And, as noted above, in September 1783 BC after negotiations in Versailles British government was forced to recognize independence North American United States.

The war did not abolish slavery, it took another revolution. However, the solution of the agrarian problem had a democratic character. Western lands were turned into a nationalized public fund and put on free sale.

All this was a necessary prerequisite for the farming path of development of capitalism in agriculture, and was also important for industrial capitalism. The victory was won thanks to the popular character of the liberation war.

The main force of Washington's army were patriots:

1) farmers;

2) workers;

3) petty and middle bourgeoisie;

4) also note the fact that blacks participated in the battles.

However, among the wealthy representatives of the American people there were many who considered it possible to negotiate with the king. After the end of the war, the class struggle in the country sharply escalated. AT September 1786 led by a war hero, a poor farmer Daniel Shays, the first major armed uprising of American workers took place. They demanded the free distribution of land, the annulment of public and private debts. In fear of disgruntled soldiers, members of Congress had to hastily leave Philadelphia, the seat of Congress. The rebels destroyed the IOUs of the poor in the courts, released debtors from prisons, demanded a complete redistribution of land, a radical reorganization of the courts and administrative bodies.

Question 38

It should be noted that the development of the draft constitution took place in secret from the people.

September 17, 1787 The Convention approved the draft Constitution, and after its ratification by three-fourths of the states March 4, 1789 it has entered into force. The content of the Constitution clearly indicates a compromise between the slave owners and the big bourgeoisie.

Speaking about the structure of the document, let's say that in the brief introductory part of the Constitution, its development and adoption are justified by the following reasons:

1) the formation of a more perfect union;

2) approval of justice;

3) protection of inner peace;

4) organization of joint defense.

Only at the end of the preamble does it speak of promoting the well-being of the living and granting them and their descendants benefits and freedoms. The revolutionary slogans of the Declaration of the Rights and Freedoms of American Citizens are not even mentioned in the Constitution. The compilers sought to consolidate the rights and power in USA behind the rich minority, in spite of the democratic majority.

The highest federal legislative power was handed over to the congress, consisting of two chambers:

1) the lower house was called the House of Representatives;

2) upper - by the Senate.

The bicameral structure of the parliament reflects the federal structure of the state. The House of Representatives was elected for a period of two years by direct vote from among citizens who have reached the age of 25. Members of the Senate were elected by the state legislatures, two senators each. Amendment 17th to the Constitution, adopted in 1913 BC, established that senators are elected directly by the people of the state through direct elections. The age limit for senators is 30 years. Their term of office is 6 years. In two years, the Uz of Senators must be re-elected. The President of the Senate was the Vice President. The powers of Congress, compared to the powers defined in the Articles of Confederation, have expanded significantly. He received the right: to issue laws regulating foreign and domestic trade, coinage, the work of postal departments, the recruitment and maintenance of the army, militia, to declare war, to enter into foreign loans, to establish units of weights and measures, to introduce rules for the naturalization of future American citizens, to issue acts on management and organization of shipping. He has the authority to issue acts to organize the suppression of riots, etc. The transfer of many rights from the states to the federal authorities testified to the concentration of power. 16th Amendment passed in 1913 BC, gave Congress the power to set income taxes.

The supreme judiciary is vested in the Supreme Court USA. Its members are appointed by the president with the consent of the senate and retain their positions there for life, "as long as their conduct is irreproachable." The constitution forbids reducing their salaries. The Supreme Court later arrogated to itself the right to express its opinion on whether laws and acts of the executive branch are consistent with the US Constitution.

According to the constitution, the president is the head of state and the federal administration. He cannot be removed from office by a resolution of no confidence passed by Congress. In fact, this is the main confidant of the ruling classes USA. The president is the commander-in-chief of the army and navy and can appoint and remove any member of his cabinet. As head of state, the president performs the functions of representation: he receives and appoints ambassadors.

Important are those articles that refer to the powers of the president as head of government:

1) determine the duties of all ministers, officials of the United States;

2) demand from the heads of each department, ministry a written opinion on any issue.

Question 39

First half XIX century. passed under the sign of rapid expansion of territory USA. New territories were bought from colonial countries or taken by force from weak opponents. Indigenous people America - Indians were exterminated or evicted. The struggle for land had its own characteristics. AT America there were no landlords of the feudal type and serfs. Squatting - the seizure of free land - meant the taking away of plots from the indigenous people - the Indians. However, the settler needed money. Not everyone could adapt to new living conditions, withstand the onslaught of land speculators, etc. There was a fierce struggle between large and small landowners. In this period of American history, large-scale plantation farming prevailed, where the labor of slaves (Negroes) was used. After the Revolutionary War, slavery was abolished in the North. These measures, along with squatterism and the subsequent nationalization of the western lands, laid the foundation for the development of capitalism in agriculture along the farmer's path. However, large landownership based on slave labor remained in the South. The outflow of labor to the West led to the massive use of slave labor.

So, in the first half of the XIX century. In the USA, two paths of bourgeois development have been outlined:

1) in the North;

2) in the South.

A clash of classes over the establishment of this or that type of bourgeois development in agriculture was inevitable. In the class struggle, the main place was occupied by the problem of "free" land in the West and the elimination of slave-owning latifundia in the South. Back to top 20s XNUMXth century in the USA There were 22 states, half of them were slave states. Between the slave owners of the South and the bourgeoisie of the North, conflicts did not stop, especially when the fate of the new states was decided in Congress. The planters were interested in creating new slave states. The bourgeoisie of the North was against this. The clash of interests between the industrial bourgeoisie and the slave owners led to an inevitable conflict, which later turned into a civil war. This was the beginning of a fierce struggle between two economic systems: the growing bourgeois and the weakening slave. Against the backdrop of this struggle, political history emerges more clearly. USA between the Revolutionary War and the Civil War. The beginning of a protracted conflict was the decision on the fate of the state Missouri. The planters tried to pass a bill through Congress to classify this state as a slave state, but they met with a rather organized rebuff from the delegates from the free states. However, the conflict ended in a compromise. North of certain boundaries and west Missouri slavery was prohibited. Missouri was defined as a slave state, but the new state of Maine was admitted as a free state. The admission of free states undermined the position of slave owners in the Senate. The Missouri Compromise only somewhat delayed the open battle between the two economies. It was violated when the question of the fate of the states was being decided California, New Mexico и Utah.

В 1865 BC Congress passed the 13th Amendment to the Constitution to abolish slavery throughout the territory USA. In 1866 BC The 14th Amendment is adopted, which gives blacks civil rights. Anyone who was born in USA or was naturalized, recognized as a citizen USA and the state where he lived. It did not apply only to tax-exempt Indians. The amendment forbade the states to infringe, limit the rights of citizens, deprive them of life, freedom, property without proper legal proceedings.

Question 40 Congress

As a continuation of the developments of the civil war in USA between North and South, direct sabotage by the southern states forced Congress to pass a series of laws aimed at restoring the union state. A revolutionary Reconstruction Committee was created, representatives of the rebellious states were excluded from the membership of Congress. Even during the war, Congress decided to confiscate the lands of the rebels and deprive them of the right to vote.

March 2, 1867 The first Reconstruction Act divided the rebellious states into military districts, and their commanders were given broad powers. Federal troops were again sent there. Negroes in these states received civil and political rights. Revolutionary governments appeared on the territory of the former confederation. From the legislative assemblies of the southern states, from the administrative and judicial posts under the control of the emissaries of the North, the most fanatical slave owners were expelled.

It should be noted that after the civil war in USA the separatism of the southerners was finally broken, the unity of the American state was completely restored. The war of the North against the South had a progressive, liberation significance. Destroying slavery and separatism in the southern states, the ode contributed to the consolidation of independence USA. FROM 1890 to 1910 in the southern states, new constitutions and laws were adopted, gradually depriving blacks of many of the rights they had received during the years of Reconstruction.

In this period of history in the economic development of the southern states, two main trends were revealed:

1) the evolution of small, independent peasant farms along the path of their transformation into commodity, capitalist ones;

2) the evolution of the large plantations that have survived and are now cultivated by sharecroppers.

The civil war between the North and the South somewhat increased the centralization of power, but only in a certain respect. The executive branch, headed by the president, consisted of only four departments:

1) foreign affairs;

2) military;

3) financial;

4) internal affairs.

The peculiarity of political history USA is that these processes almost did not affect the Constitution. AT late XNUMXth and early XNUMXth centuries. in only 2 amendments were made to it: the 16th expanded the rights of Congress in the field of taxes, the 17th introduced the election of senators from the population of the states. Meanwhile, the role of the federal Congress is becoming more significant. Electoral rules for congressional elections were drawn up not by federal bodies, but by state legislatures. Numerous qualifications (settlement, property, education, etc.) closed access to elections for a large mass of citizens. The House of Representatives could itself deprive a legally elected deputy of his powers. AT 1900 BC she expelled a socialist deputy from her membership on the grounds that he was allegedly a polygamist. The procedure for passing bills is becoming more complicated. Dozens of committees and commissions are formed at the chambers. The fate of the bill also depended on the upper house - the Senate. Unlike the lower house, which was fully re-elected every two years, the Senate was re-elected only after six years. Formally, members of the Senate were considered as plenipotentiaries of the state. The state from which he was elected must be added to the name of the senator. The elite of the rich fell into this body. It is no coincidence that it was called the House of Millionaires. The work of the Senate was controlled by a narrow group - the elite of the Senate. By tradition (the rule of seniority), those who had the longest tenure in them were appointed chairmen of committees and commissions. This guaranteed that the most conservative members would receive such posts.

Question 41. President in the USA. states law

In this case, the president played an influential role in the state. He concentrated enormous powers in his hands. There was a practice according to which the president either signed agreements himself without applying to Congress, or, after what had happened, sought approval from Congress. These two types of acts were called - agreements of executive power ("executive agreements"). The concentration of power was determined by economic trends and the interests of the monopolies. Big business in a difficult situation preferred to deal not with a ranting congress, but with a "dynamic" president. In addition, the presidents were proteges of the richest corporations. The power of the president was strengthened by the activation of his role as the leader of the party, something that the fathers of the American Constitution did not know at all. The practice of meetings in the White House is being introduced, during which the president, together with the leaders of his faction in Congress, discussed the strategy and tactics of the political struggle, the fate of important bills, government decrees. It was up to the president to receive positions in the federal administration, in the diplomatic service, and in court. By tradition, they were received by those who provided services and assistance in the election campaign, which became unthinkable without financial donors. The most important positions went to those who made especially large contributions to the election of the president, the so-called "fat cats". FROM 1903 BC the president, as commander in chief, led the national guard, which included the militia of the states.

The American system of law has absorbed many principles of English law, especially case law. Basic principles of law USA enshrined in the Declaration of Independence 1776 BC and the Constitution. In their class content they have a bourgeois character. The main source of law is the Constitution, followed by federal laws, constitutions, and state laws. A feature of the American system of law is that it recognizes many doctrines and provisions of English case and statutory law. This is written into the constitutions of some states. The coincidence of the bourgeois legal principles of both countries gives grounds to talk about the existence of the Anglo-Saxon system of law. In the field of civil law, the most important are the institution of private property, freedom and inviolability of the contract, wide freedom to dispose of the inheritance, the right to judicial protection of violated rights, etc. The courts of the states had broad independence in making decisions in civil cases. According to social legislation, the first power of capitalism occupied one of the last places. The vast majority of enterprises and institutions did not have an 8-hour working day, there was no insurance for sickness, unemployment. Entrepreneurs desperately resisted the introduction of labor arbitration. The collective agreement was not always and not everywhere recognized by entrepreneurs.

In the field of criminal law, American judicial theory and practice recognizes the English system of classification of crimes, which divides them into three types:

1) treason;

2) grave criminal offences;

3) punishable offenses.

In order to intimidate, "modern" methods of killing convicts were introduced:

1) execution in the electric chair;

2) in the gas chamber;

3) acid poisoning.

The theory of the American criminal process closely links such institutions as the presumption of innocence and the rule of burden of proof to the "privilege against self-incrimination". The accused cannot be forced to testify against himself. The law guarantees the right of the accused to defense. The court may provide a free lawyer.

Question 42. Bourgeois France

In considering this issue, it should be noted that at the beginning 1790 BC It entered into force a number of important decrees. Church property was confiscated and recognized as national property. Sold at auction at a high price, it came to the bourgeoisie, partly to the prosperous peasantry. Thus, it was possible to liquidate the financial crisis. The church was deprived of the right to register marriages, births, deaths. The clergy were forced to swear allegiance to the new system. The influence of the church significantly decreased, it was placed under the control of the state. A new administrative division was introduced, according to which France was divided into 83 departments, each of them included districts, cantons, communes. The system of taxation became unified, many feudal obstacles hindering the development of trade were eliminated, etc. The class division of citizens, all noble titles and titles were completely abolished, medieval workshops were abolished. These reforms strengthened the unity of the nation and dealt an irreparable blow to absolutism. By abolishing feudal rules and restrictions in the field of trade and industry, the revolution provided the bourgeoisie with all the conditions for entrepreneurial activity. Having received power and sufficient rights, the big bourgeoisie soon began to be weighed down by the pressure of the democratic forces of the people. She was worried about the further development of the revolution.

October 21, 1789 A decree was passed that allowed the use of armed forces to suppress popular uprisings. oneJune 4, 1791 the law came into force Le Chapelier, which banned, under pain of a large fine or imprisonment, the creation of trade unions, the holding of strikes. The split between the big bourgeoisie and the people came to light in the summer 1791 BC After the king's attempt to flee abroad, the position of supporters of the constitutional monarchy weakened. The voices for the creation of a republic were heard louder and louder. Executive, administrative power was given to the king and the ministers responsible to him. The king could impose a veto on adopted laws, which, however, had only a suspensive character. He was the head of the army and navy, he was instructed to take care of maintaining public order, etc. Judicial power was exercised by elected and, in principle, irremovable persons. The constitution consolidated the political interests of the big bourgeoisie. Its effect did not extend to the colonies. Thus, the Constitution departed from the revolutionary principles of the Declaration. Before its dissolution in September 1791 BC The Constituent Assembly decided that none of its deputies could be elected to the Legislative Corps created on the basis of the Constitution 1791 BC Representatives of the middle bourgeoisie, represented by the Girondins, proposed to go further, to continue breaking down many feudal institutions. The Girondin program, although it met with the support of the majority of deputies, was not consistent. The most radical transformations were proposed by the Jacobins - spokesmen for the interests of the broad masses. It soon became clear that the Girondins did not dare to completely abolish the feudal duties of the peasants, did not give them land, connived with speculators and counter-revolutionaries, and did not intend to deprive the king of power. For this reason, a final split occurred between the Girondins and the Jacobins. August 10 at Paris a popular uprising began, as a result of which the monarchy was destroyed. For some time, power was in the hands of the Paris Commune. The legislature agreed to the king's arrest. A decree was issued convening a National Convention, and the election of its deputies was to be carried out without dividing citizens into active and passive.

Question 43. French Constitution of 1793. Jacobin dictatorship

In response to the accusation of the Girondins of usurping power, the Jacobins hastily prepared a draft of the most democratic constitution. France.

June 24, 1793 The Convention solemnly approved its text and put it up for public discussion. The project was approved by the vast majority of the nation. The constitution established a republican regime. The Jacobin Constitution contained a more radical interpretation of the principles of popular sovereignty than the Constitution 1791 BC It established the right to vote for all French people over the age of 21. The division of voters into active and passive was abolished. Elections of deputies - direct, equal. The supreme legislative power belonged to the nation itself. A permanent unicameral legislative body was established. The functions of state administration were assigned to the Executive Council of 24 people. Electors from the departments were involved in his election. This body could act only on the basis of laws and decrees and was accountable for its actions to the legislative body. At the end of each session, the executive committee was to be half renewed. Accountability, electivity, turnover, the large number of the Council had the goal of preventing the usurpation of its power. The Jacobin constitution was the most radical in spirit and form, the most advanced act of the French bourgeois revolution. But it could enter into force only after a new legislative body was assembled, to which none of the deputies of the Convention could be elected. However, the difficult external situation did not allow the Constitution to be put into effect.

Along with the adoption of the Constitution, the Jacobin dictatorship - summer 1793 Under her rule, the supreme body of the republic was the Convention, which exercised in full the highest, legislative, executive, control and judicial power. The power of the revolutionary government was concentrated in the Committee of Public Safety. He directed military, diplomatic, food affairs, other bodies were subordinate to him, and the Committee itself had to report weekly to the Convention. The Jacobins reorganized the army, introduced universal conscription. Tight control was established over foreign trade and the activities of large merchants. autumn 1793 BC detachments of sans-culottes were created, designed to fight speculators, to seek for Paris food and destroy royalist plots. Speculation was punishable by death. With the help of the revolutionary army, bread was requisitioned from wealthy peasants. Gold and silver of private individuals were taken into account. Forced loans were taken from the rich, they were heavily taxed. At the same time, a maximum wage was set for workers, which caused them to resent it, as the cost of living rose and the purchasing power of money fell. The consolidation of political, legislative and executive power was an effective means in revolutionary transformations and the fight against enemies. France. Local government was built on centralized principles. The Jacobin dictatorship relied on mass popular organizations, and above all on the Commune Paris. Summing up the review of the Jacobin dictatorship, let us say that their energetic and courageous activity in the eradication of feudalism had a wide scope. They introduced a new chronology from the moment of the republic, approved a new calendar, passed a decree on compulsory primary education, and even tried to create a new religion - the cult of Reason. All residents began to be called citizens, the appeal to "you" was canceled, etc.

Question 44. The second republic. Parisian Commune

Having seized power, the bourgeois republicans launched an offensive against their former ally, the working class. In June 1848 BC the proletariat of Paris again raised an uprising, which was brutally suppressed. By order of the Minister of War Cavaignac troops fired on the participants of the June uprising for four days. It was one of the first organized clashes between the bourgeoisie and the proletariat. The "Social Republic" was approved, but it was possible. The bourgeoisie then had the upper hand, its parties received a majority in the Constituent Assembly.

November 4, 1848 The new French constitution came into force. The Republic was proclaimed the final form of government. Its principles were national sovereignty, freedom, equality, fraternity. The foundations of society were: family, property, labor, social order. The separation of powers was considered the first condition for the existence of a free government. Legislative power passed to the unicameral National Assembly. Direct, general elections by secret ballot were proclaimed.

For preliminary consideration of bills and control of administrative bodies, the State Council was established. Executive power was vested in the president, who was elected by popular vote for a term of 4 years. The president was endowed with broad powers. Shortly after the entry into force of the Constitution 1848 BC presidential elections were held. Received the majority of votes Louis Bonaparte, nephew Napoleon. He was supported by the peasantry.

Bonaparte he tried to immediately restore the empire, but ran into resistance from members of the Legislative Corps. January 14 1852 BC in a few hours, a new constitution was written and entered into force. All power was transferred to the president, who was elected for 10 years. Another step was taken towards the establishment of an empire. The empire expressed the interests of the big bourgeoisie, especially the financial one, as well as businessmen interested in capturing new colonies.

Defeat under Sedan put France to the brink of national disaster. The Prussians occupied most of its territory and briefly occupied parts of Paris. Favorites February 8, 1871 The National Assembly consisted of covert and overt monarchists. The assembly appointed the monarchist Thiers as head of government. The big bourgeoisie was more afraid of the armed workers than Bismarck. Under the terms of the preliminary peace France undertook to pay Prussia a huge indemnity of 5 billion francs, Alsace and Lorraine went to Prussia. The workers, the progressive intelligentsia, and the petty bourgeois came to the defense of the capital. AT September 1870 in Paris, 215 battalions of the national guard were formed, at the same time a mass political organization arose - the Republican Federation of the National Guard of the Seine. The Central Committee of the National Guard actually became the embryo of a new people's power. The situation in Paris was pre-revolutionary. At night March 18, 1871 government troops managed to capture almost all the artillery of the national guard, located on the heights Montmartre. Soon, almost the entire division of the Versaillese went over to the side of the insurgent workers. This was one of the decisive moments of the proletarian revolution. By order of the Central Committee, the National Guard battalions occupied the police buildings, ministries, the railway station, and the barracks. On the evening of March 19, the red banner of labor was hoisted over the building of the city hall. Thus, as a result of a popular uprising, the Paris Commune arose - the world's first proletarian state, an organ of the dictatorship of the working class. She lasted 72 days.

Question 45

28 May 1871 the Versaillese occupied Paris. 22 tribunals continuously handed down guilty verdicts day and night against the Communards. After the death of the Commune France was at the mercy of embittered reactionaries and monarchists. While the monarchists were arguing about a candidate for the throne, the republicans gradually strengthened their positions. In almost all partial elections, the supporters of the monarchy were defeated, which no doubt reflected public opinion.

The powers of the Chamber of Deputies included the adoption of laws and the budget. The government was responsible to the national assembly. In the event of a vote of no confidence, it had to resign immediately. The Senate consisted of 300 members, of which 75 were elected by the Chamber of Deputies for life, the rest - by departments. In the law on public relations of July 16, 1875 the powers of the president were written down in detail. So, he was elected at a joint meeting of the chambers by secret ballot for a period of seven years, he could be re-elected for the next term. The president had the right of legislative initiative, was the commander of the army, appointed and dismissed officials, and performed the functions of the head of state. In addition, he could, with the consent of the Senate, dissolve the Chamber of Deputies or postpone its meetings. Acts of the President required the signature of the relevant minister. The president could not speak in the chambers, but had to communicate with them through ministers or through messages. In the 80s, the Republicans ensured that the president was gradually pushed aside from exercising important powers, and the real power passed to the council of ministers. The tradition of electing a low-initiative person of average ability as president arose from the distrust of Republicans in major statesmen who could restore the hateful monarchy. The village was going through a protracted agrarian crisis. The owners of small land plots could not apply technology on a large scale, use the achievements of agronomic science. The limited size of plots of land almost ruled out the possibility of their fragmentation between descendants. Population growth in the country was extremely low. The financial bourgeoisie considered it more profitable to place their capital not in their own country, but abroad. Most often, loans were given to European powers. Banks gradually began to control the political and economic life of the country, to influence the activities of the government. Through banks, the two hundred richest families controlled parliament, ministers, the press, and the entire local administration. The ruling classes of the country sought to keep up with their English brethren in the seizure and plunder of the colonies. By the size of the colonial possessions France second only to UK. The heterogeneity of the working class led to the emergence of various political groupings, in particular the reformist workers' party, which was created in 1880 BC

The bourgeoisie, in turn, sought to split the working-class movement by any means, to prevent its unity. Experienced in political machinations, she acted with handouts, threats, and sometimes the use of armed force. The government skillfully played on the feelings of believing Catholics and Protestants, atheists and sectarians, encouraged chauvinism and anti-Semitism. So, on a false accusation of espionage in 1894 BC the captain was convicted A. Dreyfus, Jewish by nationality. The great writer came to his defense E. Zola, one of the organizers of the Dreyfusard camp. Only after 12 years Drivefus was fully rehabilitated.

Thus, the third French Republic was built and existed in a constant change of political and governmental moods.

Question 46

The French Revolution, "like a thunderbolt," struck into that chaos, into that already virtually disintegrated feudal empire, which was the thousand-year-old "Holy Roman Empire of the German Nation." The defeat of Napoleon did not restore the old empire. Instead, the Paris Treaty 1814 BC The so-called German Confederation was formed among 34 states - kingdoms, principalities, duchies and a few free cities. Each of the united states retained its independence; leadership in the union belonged to Austria.

The organ of the German Confederation, the "Allied Diet", nicknamed "the collection of mummies" because of its composition, took care only that in Germany nothing changed.

The nobles regained their former power over the peasantry, feudal courts and corvée, the right to hunt and the "bloody tithe" (a tax on slaughtered cattle). In a number of regions, the landowners retained the feudal right of unpunished extrajudicial murder of the peasant. The tax that replaced the right of the first night was also preserved. With the exception of a few South German states (Bavaria, Baden etc.), where the political system was ostensibly constitutional, absolutism was preserved as dominant throughout Germany. Secret courts, all-powerful police, etc., were the inevitable consequence of these regimes.

The protest movement did not go beyond the narrow confines of student corporations. Student youth still held noisy meetings, at which the “corporal stick” (a symbol of the hated police regime) was sometimes burned, and this alone was enough for mass repressions.

Terror intensified even more after the revolution 1830 BC in France. Any free speech was persecuted by censorship, prison, and hard labor.

bourgeois development Germany meanwhile, it was taking place, albeit very slowly. Its impact should be explained Customs Union 1834 BC, concluded between Prussia, Bavaria, Saxony and some other German states; it brought together the commercial classes of the various states and regions of Germany, concentrated their strength, and facilitated the transfer of the entire mass of these classes to the camp of the liberal opposition. The German bourgeoisie began to be drawn into the struggle for power.

Created on the initiative Prussia The customs union was its major success. He won over to the side of Prussia the entire bourgeoisie of the middle and small German states, and in the course of time they became accustomed to looking at Prussia, as its economic and then political outpost.

Around the same period, the German working class declares its existence. The famous performance of the Silesian weavers (1844) marked the beginning of the struggle of the German workers against feudalism and despotism.

Столица Prussian Berlin covered with barricades (March 1848). While the proletariat was fighting the troops, bourgeois liberals begged the Prussian king to agree to some changes. Among them are the destruction of the landowners' courts and the police power of the landowners over the peasants, the extension of jury trials to political crimes; elections to the constituent Landtag (National Assembly).

The bourgeois-democratic movement also spread to other German states. In order to buy time to deal with him, the kings and princes gave their consent to convene Frankfurt am Main Constituent Assembly. Composed of the deputies of all states, it was supposed to give Germany single constitution.

The Frankfurt Assembly did not justify the hopes of German democracy. The Frankfurt Assembly was simply dispersed with bayonets (1849) and the developed draft constitution, although it had a certain progressive significance, remained on paper.

Question 47: The Prussian Constitution of 1850

Constitution made by the National Assembly Prussia (1849), contained some elements of “liberalism”, and therefore the king Friedrich Wilhelm IV demanded a revision. It was decided to convene a new assembly, elected according to a special system, by two-stage and open elections.

This system was called curial because the voters - all men of a certain age - are divided into three "classes" - curia.

The first two curiae are the major Taxpayers. All other voters are included in the latter. Each curia chooses the same number of electors.

Thus the first two curiae, numerically an insignificant handful, elected two-thirds of the electors. The share of the last, multi-million curia remained only one third.

The elections gave the desired result to the government; of the 350 members of the Assembly, 250 were officials. New Prussian constitution (1850) became, as was to be expected, the constitution of a triumphant counter-revolution. The concessions made to the bourgeoisie were negligible.

Constitution 1850 BC created two chambers with legislative power. The lower of the chambers was elected, the upper was composed (by royal decree of 1854) of the princes of the blood, princes, and also of other peers appointed by the crown (Art. 62-68).

В 1852 BC the Prussian court decided to turn it into a fully appointed one - for life or hereditarily. At the request of the king, Bismarck, as minister, defended this plan and achieved its adoption. (1853).

The legislative power of the chambers was paralyzed by the absolute veto of the king. According to the latter, the essence of the constitution 1850 BC was not to create a new governmental system now or at some future time, but to prevent "arbitrary changes in the status quo" by means of "three vetoes" - both chambers and a decisive royal one.

In addition to an absolute veto on the decisions of the chambers, the constitution provided the Prussian king with legislative initiative. He remained the undisputed head of the executive branch. The king was not forbidden to dissolve parliament (Landtag) as many times as he saw fit and when he saw fit.

Government ministers were not accountable to the Landtag, a vote of no confidence was not terrible for them. They didn't know what collective responsibility was. Their real head was the king, he appointed and dismissed them (v. 44).

Constitution 1850 BC not devoid of some declarations about the equality of citizens before the law, freedom of speech, assembly, unions, personal inviolability. At the same time, everything was done to ensure that these freedoms remained imaginary.

The right to freedom of assembly, for example, was limited and subject to the condition: only indoors (art. 29). Behind this strange demand was a simple trick: to prevent those who do not have enough money to rent a room. In repeal of the old law, according to which no educational institution could be opened without the permission of the government, the constitution proclaimed the freedom of education.

Sheathed in parliamentary forms, the Prussian constitution remained in its content the constitution of an absolute monarchy.

Thus, the king, who represented the central authority in the state and was supported by a large class of government officials, civil and military, who also had an army at his disposal, could keep the bourgeoisie in subjection with the help of the nobility, and the nobility with the help of the bourgeoisie, catering to the interests of that one and then the other class and balancing, as far as possible, the influence of both.

Question 48

Universal conscription (introduced in Prussia at the very beginning XNUMXth century.) and huge spending on the army did Prussia the only serious competitor Austria in the German Union.

Conflict between Austria и Prussia decided in the war 1866 BCstarted because of the duchy Holstein. At the Battle of Sadovaya (1866) the Austrian army was defeated. Since that time, the hopes of the German bourgeoisie for the reunification of the country into a single state began to be associated with Prussia and her government.

An association Germany was a necessary condition for its bourgeois development. This unification could take place in two ways. The events of 1848 showed an example of the first path. The revolutionary path of unification was to lead to the emergence of a Great German Republic. But he failed. Development took the second path. Having become the most powerful of the German states, Prussia took up the unification in its own way, counter-revolutionary, striving to erect the building of the empire on the foundation of the Prussian political system.

Defeat Austria brought the German Confederation to the grave, instead of it Prussia created the North German Confederation of states that accepted its supremacy. AT 1867 BC The Union received a constitutional device. It was controlled by a "president" in the person of the Prussian king, a chancellor and two chambers, of which the lower one, the Reichstag, was elected by universal suffrage. Some other German states, like Hanover и Nassau, were simply attached to Prussia.

The South German states remained outside the Union. On the way to their forcible unification within the framework of a single empire stood France: the emergence of a large and strong state at its very borders was for France unacceptable.

Having defeated France, Prussia deprived the South German states of freedom of choice. Willy-nilly, they had to declare their consent to join the united German Empire. AT 1871 BC The German Empire received a constitution.

thrown out of Germany, weakened politically and militarily, Austria remained nevertheless the largest European state.

Revolution 1848 BC captured and Austria. It was marked by multi-day battles in Vienna, uprising in Prague, liberation movement in Hungary. The revolution is bold. Metternich and brought the Constituent Assembly to power.

Meanwhile, economic and military weaknesses were becoming more and more apparent. Austria, explained by its political and social system.

Engels calls Austria weak, impoverished, exhausted country. AT 1850 BC she was defeated in the war with the Italian unification movement and lost Lombardy. AT 1866 BC she was beaten Prussia.

Trying to hold on to a crumbling empire, the government Austria granted some minor rights to manage local affairs Czech Republic and other national regions. In the capital of the empire, a "parliament" began to function - the Reichsrat, consisting of two chambers: the chamber of gentlemen and the chamber of deputies. The first became the center of princes, the highest nobility and the clergy, the second - financiers, manufacturers, officials.

Trying to "snuggle" Hungaryin order to find in her person a reliable ally for the oppression of other peoples of the empire, Austria provided her with 1867 BC internal autonomy. Hungary received the right to its own legislative bodies, to its own government. General affairs Austria и Hungary were to be decided with the help of delegations from their representative bodies, convened annually.

The Emperor Austria was declared simultaneously with that king of Hungary and thus united in his person both parts of the "dual empire". It became its official name Austria-Hungary.

Question 49

According to the constitution 1871 BC The empire included 22 monarchies and several "free cities".

The constitution endowed them with a certain degree of independence, but in reality it was a union in which there was not even a formal equality of members.

The head of the empire was the king Prussia, the largest German state. He was given the title of emperor. He was the head of the armed forces of the empire. He appointed all imperial officials, including the head of government - the Union Chancellor, delegates Prussia to the upper house of parliament, and could, if he wished, exercise direct leadership of the ministers.

The Bundesrat was the upper chamber of the German Empire. Its members were appointed by the governments of the states. The chairman of the Union Council was the position of the chancellor of the empire - a Prussian minister appointed by the Prussian king.

To reject a bill to change the constitution (including one that might affect the dominant position Prussia the opposition of 14 votes was enough, and Prussia had 17 votes, then 22. The opposition of Prussia was enough to reject any bill concerning the army, navy, certain taxes and fees.

The lower house of the German parliament bore the ancient name of the Reichstag. He was elected first to three, then (since 1887) for five years. The legislative initiative of the Reichstag was insignificant, as well as its power. In the event that he rejected a bill, the government could get around this obstacle by passing through the Bundesrat a differently redacted decree with the same content. The Reichstag had no control over the ministries.

The Reichstag was elected by universal male suffrage by secret ballot for a term of 3 years.

Early dissolution of the Reichstag could be carried out by a simple decision of the Federal Council, and this was done more than once.

The imperial government was represented in a single person - the Chancellor (Bismarck).

The Cabinet of Ministers did not exist. The ministers in charge of a certain range of duties were not so much colleagues of the chancellor as his subordinates, his deputies.

A reactionary constitution in its basic structure and spirit 1871 BC was filled with legal absurdities and inconsistencies. The "President" of the empire was bound by the countersignature of the chancellor, whom he appointed and dismissed at his discretion. The constitution limited the power of the emperor to the Federal Council, but, like the Prussian king, he could order his representatives in the Bundesrat to defeat any objectionable law relating to the constitution, finances and military affairs.

According to its class content, the constitution 1871 BC was an expression of the unwritten alliance established long before that between the feudal Junker landownership and the rapidly growing Prussian-German capital. Dominance in the named union was undoubtedly in the hands of the landowners and clerics (churchmen): frightened by the proletarian revolutionary movement, "having seen that the workers use democratic institutions for themselves and against the capitalists ...", the German bourgeoisie turned to servility to the landowners.

In the fight against the labor movement Bismarck resorted to measures of criminal and administrative repression. Taking advantage of the first opportunity, Bismarck pushed through parliament the so-called exceptional law 1878 BC

Imprisonment and a heavy fine threatened anyone for a fortune in an organization desiring "the overthrow of the existing state or social system through social democratic, socialist or communist aspirations."

Question 50

XNUMXth century became a continuation of the New Age. Starting with the revolutions in England and France, the wars of Cromwell and Napoleon, the war for the independence of the North American colonies of England, the New Age continued into the XNUMXth century. not only the emancipation of the individual, the colossal successes of scientific and technological progress, material production, a significant increase in the world's population, but also world wars, the "cold war" with the division of the world into hostile blocs, finally brought humanity to the brink of an ecological crisis.

New ideology, substantiated by the French enlighteners, asserting faith in man and the unlimited possibilities of the mind, gave rise to the ideological currents of the XNUMXth century. "Freedom, equality, fraternity", pushing aside traditional religions, not only rescued a person from the fetters of the Middle Ages, but also brought him to the guillotine and Jacobin terror, gas chambers and concentration camps. Ideas about the construction of the state and the world community on the basis of a social contract, international law and a just order are beginning to be replaced by the idea of freedom without moral principles and God, that is, the right of force.

In its development, the new ideology was embodied in the Marxist theory of the liberation of peoples from exploitation, in fascist ideas about a superior race.

In Western liberal theories, priority began to be given to the rights and freedoms of the individual, democracy; the ideas of an "open society" with the obsolescence of state sovereignties were affirmed. However, it happened that the human, humanistic content of the new ideology in the practical activities of states was distorted beyond recognition. And liberal democracy often turned into manifestations of extreme individualism, freedom of pornography, "soft" drugs, "regulated democracy" subject to the power of capital, and even "rejection of any ideology" with the approval of the ideology of permissiveness, the cult of power, unlimited enrichment and maximum consumption.

Revolution (a break - a "turning age") in the transition to a higher state with a change in value orientations were accompanied by an exorbitant exaggeration of the forces and capabilities of the "liberated mind", its ability to build an ideal society and change the world, as well as crisis and turmoil, especially regrettable human and material losses .

World Wars. The new and higher, born of revolutions, since the times of the wars of Cromwell and Napoleon, has sought to establish itself throughout the observable space. In the 20th century this new thing, in the extremes of vulgar rationalism, with the expansion of ties and interdependence of peoples, strengthened by the achievements of weapons technology, twice brought the world to incalculable human casualties and destruction.

But also in peacetime with the convergence of civilizations and a sharper manifestation of ethnic, age differences among peoples, sometimes ignoring these differences, such a new sought to assert its superiority not only by the threat of using and using the latest weapons in local wars, but, above all, by economic pressure, the power of money; establishing control over the media, and in the ideological sphere - upholding the idea of globalism, a single human civilization. The latter pursued certain political goals, but "the thesis about the unification of the world on the basis of the Western economic system as a natural result of a single and continuous process of human history leads to gross distortions of facts and a striking narrowing of the historical outlook."

Question 51:

В XX century. there is a clearly expressed tendency for the role of the state and law to increase in the life of society, which is caused by the complication of social relations at a higher level of the progressive movement of humanity; the increased social role of the state; expansion of ties between peoples while simultaneously exacerbating conflicts due to the unevenness of their economic, ethnic, and political development.

The increased role of the state during the global economic crisis is especially noticeable. 1929-1933, during the First and Second World Wars, as well as in solving economic, scientific and technical problems of modern times.

В XNUMXth century. the state, significance, effectiveness of the state and the rights of individual countries began to be strongly influenced by the ever-increasing information, cultural, economic ties established between the peoples of the world, as well as national, religious factors, reflecting the age and psycho-emotional differences of peoples. Progress as an increase in the level of specialization, differentiation in public administration also urgently required its implementation by specialized bodies and specially trained personnel, but it also limited the creative activity of the governed, their spiritual individuality.

The processes of liberalization and democratization that have developed in the world in XX century., went in parallel with the establishment of totalitarian regimes, for example in Russia, Germany, as well as increasing control over society and the individual through government and semi-government parties, the media, in the hands of big capital. The predominant form of the state became a republic, but under a “regulated democracy.” The real democracy of society began to be largely determined by the competitive struggle of rival financial groups and parties. In such conditions, antimonopoly legislation also stands out as a means of maintaining democratic institutions.

Summarizing the characteristics of the main directions in the development of the state and law in the XNUMXth century, one cannot ignore the "social motives", the socialist trend, manifested in the expansion of the rights of trade unions, the regulation of working hours, the provision of annual holidays, benefits, etc. One cannot fail to note the allocation of political The theory of modern times demands "the priority of the rights of the individual", which is increasingly reflected in the legislation and practice of modern states.

After the defeat in the Cold War and the destruction of the Soviet bloc and the USSR, new independent states were formed - Ukraine, Kazakhstan, etc., Germany, divided by the Second World War into Western and Eastern zones, unified, which in one way or another expressed the national aspirations of the peoples.

Constitutional changes in the XX century. characterized by heterogeneity, inconsistency, sometimes multidirectional. Along with the strengthening of the liberal-democratic trend, there was also a quite obvious realization of opposing aspirations that pursued the goals of limiting, emasculating the democratic content of legal institutions, as well as a clearly expressed movement towards authoritarianism, totalitarianism and fascism. The latter is vividly represented in the formation of the fascist and Soviet empires, the long-term confrontation between military-political blocs, and the Cold War. The destruction of the Soviet empire also speaks of the enormous possibilities of non-military means of suppressing a defeated enemy.

The contradictory, sometimes explosive nature of the transformations of the liberal-democratic trend in the leading capitalist states is clearly visible in the constitutional history of France after the Second World War.

Question 52

In the field of law in XX century. trends that had emerged or developed in the previous period continued to operate and develop. At a higher level of civilizational development, with a significant complication of economic relations, with the growth of social, ethnic, religious contradictions, as well as in connection with the intensification of the role of the state in regulating social relations, there was an expansion of the scope of law, in particular public law, mandatory norms, partly blurring the lines between public and private law. Along with the acceleration of the development of law, “social motives” are noticeably asserted in it, new branches of law appear, for example, labor and social law; Patent, copyright, banking law, etc. are branched off from civil law.

Legal and technical improvement of law with the advent of a large number of special terms, also the increase in its volume led to the fact that the mastery of the law began to require extensive specialized knowledge. The world natural-historical process was manifested in law by various, sometimes opposite, tendencies and directions of movement. The law reflected the complication of social relations, the destructive impact of certain theories, economic, political, military crises, and at the same time, the role of law in protecting human rights, in regulating economic processes, and bringing peoples together increased.

Integration processes, actively operating in the world, stimulated the unification of legal norms. The trend towards convergence of the Romano-Germanic and Anglo-Saxon "families of legal systems" continued to operate. The importance of international law grew. Of particular note is the interstate unification of civil and commercial law within the European Union.

At the same time, the legal systems of, for example, China, India, and Muslim countries maintained a separate, independent existence. It should also be noted that traditional law has been preserved, especially in the countries of Asia and Africa, which more clearly reveals the civilizational differences in the evolution of the legal systems of the world.

In the countries that have embarked on the path of intensive development, primarily in the leading capitalist countries, in recent history there has been a further improvement of law, expressed in its approximation to an adequate reflection of the conditions and requirements of their time and the characteristics of peoples.

While maintaining the important regulatory role of the law, there was a significant increase in the proportion of acts of executive power. Decrees of presidents and governments, regulations of ministries, and other administrative acts have become of paramount importance in the regulation of many social relations, which reflected the limitation of the legislative function of parliaments in the system of separation of powers. At the same time, expressing the impossibility of regulating the whole variety of the increased complexity of social relations by law, the importance of judicial practice as a source of law also increases.

In legal terms, there was a significant complication of law, its norms were differentiated, acquiring a narrower focus, the scope of law increased sharply. The classical principles of law were preserved, but significantly limited - the equality of the parties in the contract, the most absolute right to private property, the inviolability of the contract.

The changes affected the legal status of subjects of law. Overcoming the echoes of the past, in particular the inequality in the civil and political rights of men and women, the priority importance of individual rights was singled out and emphasized. Collectivism in pre-bourgeois law was partly limited to social motives in law.

Question 53

Through the ages Italy, fragmented, poorly managed, nevertheless rich, served as the prey of large European powers - at first Frankish monarchy and Germany, then (from the end of the XNUMXth century) of France и Spain. Last one time (since 1559) succeeds in almost completely eliminating France and establish direct control over the Italian states.

populace Italy more than once they rose up to fight against foreign oppression and feudal reaction, but without success. domination Spain strengthened the feudal elements, helped the absolutist regimes to stay in power (the Medici in Florence, petty tyrannies in Ferrara, Modena, Mantua etc.). In the interest of weakening Italy Spanish invaders prevented the political unity of the country.

Early XNUMXth century Austria managed to oust Spain of Italy and seize her possessions in that country, including Lombardin (with Milan at the helm) and Tuscany (with its capital Florence). This is where dominance is established. Austria (according to the Aachen Treaty 1748 BC).

The French Revolution and especially the successful campaign Napoleon в Italy (1796-1797) Finally, they created favorable conditions for the struggle of the advanced forces of the country for national liberation and unification, for the elimination of feudalism.

Tens of thousands of revolutionaries and patriots rallied all over Italy in secret alliances in order, every day, risking their lives, to prepare for the coming national revolution.

В 1820-1821 The Carbonari revolted Naples и Piedmont. These uprisings were suppressed by the troops of Metternich, the constitutions were destroyed.

Unification Struggle Italy gains momentum after the revolution 1848 BC in France. The wave of the national movement sweeps away the Austrian proteges in Parma, Modena и Tuscany. The Neapolitan king for the second time grants his subjects a constitution. The same is done by the pope in his area ("Pontificate"). However, the national liberation struggle ended in failure this time as well. Austria managed to restore its dominance in Italy, but not for long.

В 1859 BC, relying on a popular uprising in the Lombardo-Venetian regions, the Piedmontese government seeks cleansing Italy from the Austrian garrisons.

Outside the new state remained Naples and the Papal States. For the sake of their accession, the Piedmontese government entered into an alliance with the democratic liberation movement headed by Mazzini and the famous Garibaldi. Relatively small military forces Garibaldi, supported by the people, made a fantastically bold march that led to the fall of the Kingdom of Naples.

Austro-Italian War 1866 BC led to the release Venice and its accession to Italy.

Defeat Napoleon III in the war with Prussia expelled the French troops from Rome and Papal States (1870).

King Piedmont moved to Romedeclared capital Italy. A new state has appeared on the map of Europe.

The monarchic "Statute of Piedmont" became the Italian constitution. Adopted in 1848 BC The statute was drawn up with the expectation of the predominance of the king and the upper house (consisting of princes of the blood, bishops, high dignitaries, generals and other persons appointed by the king), the so-called senate.

Both the King and the Senate had an indefinite suspensive veto over bills. The appointment of ministers belonged to the king, he alone had full executive power, he had the right to initiate legislation, approve or reject laws, the right to pardon and mitigate punishment. The king commanded the army, concluded international treaties and declared war.

For all that, the political regime remained anti-democratic.

Question 54: Formation of the Bulgarian state

Liberation of Bulgaria. In April 1876 в Bulgaria there was a new uprising against Turkish oppression, which ended in the defeat of the rebels and cruel executions. The uprising hastened the performance of Russia против Turkey. Russo-Turkish War 1877-1878 ended in total destruction Turkey and release Bulgaria. Regardless of the goals pursued by the tsarist government, the Russian-Turkish war 1877-1878 played a progressive historical role. It brought freedom to the Bulgarian people, facilitated and hastened the collapse of the most barbaric absolutism in Europe.

Under the terms of the San Stefano peace treaty that ended the war Bulgaria, although it remained dependent on Turkey, was declared free in its internal affairs. But England, Germany и Austria-Hungary did not want the creation of an independent Slavic state on The Balkans. They demanded a revision of the San Stefano Treaty.

By decision of a specially convened Berlin congress (1878) Bulgaria was divided into three parts: Macedonia и Thrace were given away Turkey; Southern Bulgaria (called Eastern Rumelia) became an autonomous Turkish province from Northern Bulgaria formed Bulgarian principality, placed in vassal in relation to Turkey position.

The Bulgarian people did not want to put up with the reactionary Berlin Treaty. AT 1885 BC in the so-called capital Southern Bulgaria there was a coup, the result of which was the reunification of the southern and northern parts Bulgaria.

In response to this is Austria-Hungary provoked Serbia to war with Bulgaria. But the war ended in victory Bulgaria. The proclamation of its full independence took place October 5, 1908 Bulgarian princenature was transformed into a kingdom.

The Constituent Assembly, convened to consider the organic law, met in 1879 BC в Tarnovo, which is why the constitution he adopted was called "Tyrnovskaya". There were two parties in the Assembly. One - conservative - expressed the interests of the top Bulgarian merchants, usurers, kulaks, reactionary clergy. The other - liberal - was the party of the Bulgarian petty and middle bourgeoisie, the party of craftsmen and the intelligentsia.

The constitution adopted by the Assembly (set out taking into account the additions and changes made to it in 1893 BC), established a limited monarchy. Legislative power was exercised by "people's representation", executive power was handed over to the prince (with 1908 BC he became known as king. Ministers were appointed and dismissed by the tsar, but were responsible to the People's Assembly, which had the right to bring them to justice.

Two types of People's Assemblies were established: "great" and "ordinary". Both were unicameral.

The tsar could dissolve the People's Assembly so that new elections could be held no later than two months later. Laws were to be adopted by the People's Assembly and approved by the king.

The constitution proclaimed the equality of the rights of citizens, the inviolability of property, the inviolability of the person and home, freedom of assembly, unions, the press, etc.

By introducing a monarchical form of government, the Constituent Assembly took care of the election of the monarch. It turned out to be a Prussian officer, Prince Alexander Battenberg, and then, after the forced renunciation Battenberg from the throne (1886), - Hungarian officer, German, prince Ferdinand of Coburg.

В 1893 BC The Tarnovo constitution was revised, the purpose of which was to strengthen the monarchical power at the expense of "popular representation". Constitutional amendments served the same purpose. 1911 BC The king was given the right to conclude treaties with foreign states.

Question 55

В 1804 BC The Serbian people revolted and, at the cost of enormous sacrifices, achieved the liberation of a large part of their land from the oppressors of the Turks. AT 1806 BC Russia entered the war with Turkey. With the active support of the Russian armies, the Serbs completely cleared their land of the Turks. Created in 1811 BC The assembly declared itself constituent and proclaimed Kara George hereditary prince Serbia. The executive power was handed over to six trustees (ministers) chosen from among the Governing Council.

В 1812 BC Russian commander-in-chief, famous commander M. I. Kutuzov forced the defeated Turkey to the Bucharest peace. One of the articles of the treaty, dictated by the field marshal, obliged Turkey to grant Serbia wide autonomy in matters of internal administration. In the same 1812 Russia forced to defend against invasion Napoleon. Taking advantage of this, the Turks invaded Serbia and flooded it with blood streams.

Barely recovering from defeats and violence, the Serbian people began a new war with Turkey (1815). Under constant pressure of Russia the Turkish sultan was forced to "grant" Serbia "firman" 1820 BC

В 1833 BC Serbia achieved the abolition of Turkish landlordism and, on this basis, was able to carry out important agrarian reform.

At the end of 1838 BC The Russian government drew up a constitution for Serbia. It was approved by the Sultanate and became the law of the land, in force for more than 30 years.

The constitution proceeded from the principles of separation of powers. She handed over the legislative power to the Senate "from the oldest and most important persons of the Serbian people" among 17 members.

The prince was the head of the executive branch, appointed officials, enforced laws, exercised supreme command of the army, and had the right to pardon.

Three courts were established: a conciliatory court, consisting of village foremen; district - the first instance in criminal and civil cases; appeal, located in the capital.

Administratively, Serbia consisted of 17 districts, divided into sections, communities and villages.

Constitution 1838 BC for all its shortcomings, it contributed to the unification of the regions, introduced relative order into state-legal life, and thereby contributed to the bourgeois development of Serbia.

Reform 1858 BC Very soon, power was in the hands of large landowners and senior officials, united under the name of "statutes", that is, defenders of the constitution.

Considering themselves marginalized from the administration of the state, the Serbian bourgeoisie was dissatisfied with the regime of the statute-holders. In this it also found support among broad strata of the peasantry and relied on them. The political conflict between the statute-holders and the bourgeois opposition was resolved, in 1858 BC the deposition of the prince (the Obrenović dynasty, deposed by the chartermen, was restored) and the revision of the constitution.

State development Serbia was completed by the constitution 1869 BC which the issue of legislative power was resolved - in a compromise. The right to approve laws was granted only to the Skuts region, but the legislative initiative remained in the hands of the prince. He also appointed a number of deputies.

Taking advantage of defeat Serbia in the war against Bulgaria (1885), the bourgeois “radical” party is seeking a new, third constitution in 50 years (1888). The Constitution abolished the king's right to appoint deputies to the Assembly and thus for the first time turned the latter into a representative body.

The coup d'etat 1893 BC restored in Serbia unlimited monarchy, and it lasted for 15 years. Finally, a new coup (1903), which ended with the extermination of the king, his family, and his most dangerous supporters, returned the constitution to Serbia 1888 BC

Question 56: Formation of the Romanian state

Wallachia и Moldavia. In XNUMXth century. two principalities arose to the east and south of the Carpathians - Moldavia и Wallachia. Both of them, despite resistance, had to accept the supreme power of Turkey - first Wallachia, then Moldavia (XV-XVI centuries). The rulers of the principalities (gospodars) were elected by the boyars, who constituted the ruling feudal class, but the actual appointment came from Turkey. Both principalities paid Turkey annual tribute, supplied agricultural products, were subject to mandatory mobilization of labor for the construction of Turkish fortresses, etc.

Exemption Wallachia и Of Moldova from Turkish oppression associated with the Russian-Turkish wars XVIII-XIX centuries. Agreement between Russia и Portoy (Turkey) 1774 created some new conditions for the existence of the principalities, facilitating their self-government, protection of interests, regulating the collection of tribute. FROM 1829 BC under the Andrianopol peace treaty Wallachia и Moldavia received autonomy, but Turkey retained the right to receive tribute.

The beginning of the union Wallachia and Moldavia into a single Romania was put in 1848 BC February events 1848 BC in France found a wide response in the capitals of both principalities - Yassakh (Moldova) и Bucharest (Wallachia). Here and there, the liberal part of the boyars and the bourgeoisie demanded a democratic constitution with a responsible ministry, freedom of the press, etc.

Joint intervention of Russia и Turkey stopped this movement. In the end, the principalities are occupied Austria. European states took upon themselves the decision on their future fate.

Resolution of the Paris Conference 1858 Moldavia и Wallachia were united under the name of "United Provinces" into a single state, so that each of these provinces had its own government. The general affairs of the principalities were entrusted to a special commission consisting of 16 members. The decision was a compromise. France, in order to attract the Romanians, offered a "single state."

Austria и Turkey, wanting to retain the right to intervene in the inevitable clashes of the “provinces,” insisted on their separate, separate existence.

Russia was a supporter of the unification of principalities. Having received freedom of action, the principalities almost immediately found a way to unite. The assemblies of the principalities elected the same ruler, the boyar, as their head. Kuzu, who took the princely title under the name Alexander I.

Manifesto published in 1859 Cuza announced the formation of the Romanian state. The assemblies of the principalities merged into a single chamber. Bucharest became the capital of the new state.

Turkish sovereignty and tribute in favor Turkey nevertheless preserved. The final liberation came only as a result of the Russian-Turkish war 1877-1878

The laws of the new government abolished serfdom, founded universities, reformed the electoral law, but the land issue remained unresolved.

Agrarian reform that followed the coup (1864), transferred to 400 thousand peasants land plots that they had previously rented for life (with redemption within 15 years).

В 1866 BC Romania received a new, "liberal" constitution that legitimized a constitutional monarchy, tailored to the Prussian model. The prince was declared head of state 1881 BC - king), two chambers were created, a curial election system was introduced (with “universal” voting).

The upper house - the senate - was chosen by one of the large landowners, the lower house was dominated by two curiae (out of four), whose members were the largest taxpayers.

В 1884 BC electoral reform in Romania. Instead of four curiae, three were created.

Question 57: Formation of a bourgeois state in Japan

The revolution that opened the way to bourgeois development took place in Japan in concert 60s XNUMXth century. The development of capitalist relations in Japan and their penetration into the countryside intensified the already extreme exploitation of the feudally dependent and disenfranchised peasant. In the first half XNUMXth century in Japan there were about 250 peasant uprisings; in the 50s and 60s. peasant uprisings follow one after another. WITH 1853 to 1856 there are 52 of them, in one 1861 BC - 17, etc.

В 1853 USA sent to Japan squadron, the commander of which presented the Japanese government with an ultimatum demand to establish trade relations. Under the pressure of decisive military superiority USA the shogun was forced, in the end, to satisfy this demand.

В 1858 BC An unequal treaty was signed under which Japan could not impose duties on imported USA goods above a certain percentage (from 5 to 35), was to recognize the extraterritoriality of Americans in Japan (i.e., their lack of jurisdiction to Japanese courts), etc. Unequal treaties were concluded Japan с England, France, Holland and other countries.

The capitulation of the government to foreign colonialists threatened the death of backward Japanese production and trade.

The union of the bourgeoisie and the nobility, with the latter's undoubted leading role, should explain the unfinished character of the revolution: Japanese capitalism turned out to be entwined with a dense network of feudal relations.

Reforms became inevitable not only under the pressure of the bourgeoisie. To no lesser extent they were pushed by the incessant actions of the peasants.

В 1868 BC were decreed the destruction of workshops and guilds, granting everyone and everyone the right to freely choose a profession, freedom of trade.

В 1871 BC the government abolished feudal appanages, introducing a division into provinces headed by governors appointed from the center.

В 1872 BC a decree was issued on the introduction of universal military service, which undermined the monopoly right of the samurai for military service.

В 1880 BC serious innovations touched the judiciary. With the help of foreign consultants, criminal and criminal procedure codes were created and put into effect, which copied Western European models.

В 1885 BC a cabinet of ministers is created, unknown to all the previous practice of Japan. New was the Ministry of Trade and Industry - a sign of attention to the bourgeoisie.

В 1888 BC A Privy Council is created as an advisory body to the emperor. Its special purpose was to approve the draft constitution being prepared.

В 1898 BC the imperial government, wiser with the experience of parliamentary government, decided to turn jiyuto into a semi-governmental party. The negotiations were successful. As a result, they created (in 1900) an entirely new organization, even more reactionary than the old one. The patron of the party is the largest industrial concern "Mitsui", with which the seiyukai was associated until the last days of its existence.

The interests of another major concern, Mitsubishi, were expressed by the minseito party (People's Policy Party).

В 1882 BC an attempt was made to create a socialist party, but the government immediately strangled this party. In order to combat the workers' and peasants' movement, a terrorist "police law on the maintenance of order" was issued. (1900).

The revolution and the reforms that followed it created favorable conditions for the rapid growth of Japanese industry and trade. In the end XIX century. Japanese capitalism enters the period of imperialism.

Question 58:

Throughout XNUMXth century. China was still quite a feudal state, although the sprouts of bourgeois relations were already, of course, very noticeable. Despite their stagnant, conservative character, feudal relations were in deep crisis. In the middle XNUMXth century China became a victim of colonialism England, France и USA. In the so-called first Opium War 1842 England, having won an easy victory over China, imposed on him the predatory Treaty of Nanjing, according to which China undertook to open five of its best ports for European trade, conveyed England Hong Kong, waived the right to establish protective duties above the tariff indicated to him.

Following this, unequal treaties were imposed China the United States and France. Second Opium War started England (1856-1860), opened up new opportunities for the penetration of European capital into China.

В 1851 BC, after numerous uprisings and unrest that took place in the 40s, a peasant war began in China, known as the Taiping Uprising.

В 1853 BC a large Taiping army takes the city of Nanjing and makes it the capital of a new state based on the principles of "general welfare.

The initially favorable course of hostilities was suspended due to a split in the camp of the rebels; by the end 50-x years, the dominance of conservative and partly degenerated elements of the movement was more and more determined. The discipline of the Taiping army is falling. The Beijing (Qing) government took advantage of all this China. Through England и France the Taiping rebellion was crushed (1864).

The struggle to eliminate feudal remnants and foreign invaders did not end with the suppression of the Taipings. It was continued by numerous anti-feudal and anti-Manchu movements, the most powerful of which was the famous Yihetuan uprising. 1900 BC

Suppressed by the joint intervention of the imperialist powers (England, Germany, France, etc..), the Yihetuan uprising left a deep mark on Chinese history. 5 years have passed and the revolution 1905 BC в of Russia essentially opened a new stage in the anti-feudal and anti-imperialist struggle in China. In the same 1905 BC Chinese revolutionary Sun Yat-sen creates the "Union League" as a political organization that expresses the interests of the national bourgeoisie and the bourgeois intelligentsia.

В 1911 BC The Union League raised an uprising, but it was suppressed. However, after a few months, in October 1911, revolutionary organizations prepared and carried out an uprising in Wuchang and took possession of this large industrial center. This was the beginning Xinhai Revolution of 1911 The uprising spread from one province to another. During the revolution, the peasantry, workers and soldiers united to fight against the hated Qing regime. Crowded territories were liberated, a new government was established.

The leadership of the revolution was in the hands of the liberal bourgeoisie. Under its influence and pressure, the republican governments of the provinces and the "Allied League" had to come to an agreement with the reactionary landowners and the military, whose head turned out to be General Yuan Shikai.

In January 1912 Yuan Shikai and the generals of his army eliminate the Qing monarchy. National Assembly (March 1912) elects president Republic of China Yuan Shikai and adopts an interim constitution.

The revolution was defeated, but it abolished the monarchy and drew significant masses of the working people into the revolutionary conscious struggle. In this regard, it serves as a kind of prologue for the turbulent political events that began in 1919 BC

Question 59

People's Republic of China. Its formation and strengthening is associated with the creation of the Communist Party of China, the formation and development of government bodies, administration and courts in the liberated areas.

At first XX century. In China, there is an increase in revolutionary sentiment, the number of underground revolutionary organizations is increasing, and spontaneous protests by peasants continue. In 1905, at a congress of a number of revolutionary organizations, the Union League was created, the program of which included three principles of the outstanding revolutionary and statesman of China Sun Yat-sen: nationalism, which involved the overthrow of the imperial dynasty and the restoration of Chinese independence; democracy - the establishment of a republic; People's welfare is a requirement for equal land tenure.

A new upsurge in the revolutionary struggle began with an uprising of soldiers and officers in Wuchang in 1911 BC A provisional government was created in the south of the country, Sun Yat-sen was elected president of the republic, and a provisional constitution was adopted, in which bourgeois-democratic rights were proclaimed. But soon the power in China is seized by General Yuan Shikai, who establishes a military dictatorship in the country. Then power in the north passes into the hands of reactionary generals. At the same time, the revolutionary movement unfolding in southern China leads to 1917 BC to the formation of a military government to protect the republic, headed by Sun Yat-sen. And with the help of the Comintern in 1921 BC in China, a communist party is also being created, which, together with the Kuomintang (National Party), headed by Sun Yat-sen, launches a struggle for the national independence of China, for the liberation of the country from foreign domination and the improvement of the condition of the masses.

The most notable events of the Chinese Revolution after the death of Sun Yat-sen (1926 BC) were: the campaign of the revolutionary army against the northern militarists, which led to their defeat and the capture of Beijing; the break of the Communist Party with Chiang Kai-shek, who became the leader of the Kuomintang, as well as the state building of Kuomintang China.

On interim constitution (1931 BC) proclaimed China's entry into the period of "political guardianship", when the right to exercise power in the country was granted National Congress of the Kuomintang, and all state organs, including the national government, were placed under the control of the CEC of the Kuomintang. In subsequent times, virtually all power was concentrated in the hands of the representative of the national government, which became Chiang Kai-shek. In particular, the army was subordinated to him through the military committee, which was given the right to interfere in the affairs of the administration.

During the reign Chiang Kai-shek China was subjected to Japanese aggression. Then, in the northeastern provinces of China, Japan creates a subordinate puppet state of Manchukuo. At the same time, the revolutionary bases and the liberated regions, in which the control was carried out by the Communist Party, are getting stronger. Under the circumstances, the leadership of the Kuomintang was forced to conclude an internal peace agreement with the Communist Party. However, after the end of World War II and the defeat of Japanese militarism, the fire of civil war in China flared up with renewed vigor. In the conditions of the offensive of the communist Red Army, the Kuomintang goes for the adoption of a relatively liberal constitution (1947 BC), which provided for the creation of an elected Legislative Chamber and a Chamber of Control. However, the reign Chiang Kai-shek and the Kuomintang in mainland China was coming to an end. The power of the Kuomintang party and its leader, as well as the operation of the Constitution of 1947, were preserved only in Taiwan.

Question 60

The American mainland was open to conquest and subsequent exploitation in 1492 by Christopher Columbus, a navigator in the Spanish service. The Spaniards came first to these infinitely rich lands. Using their military superiority, and even more gullibility of the natives - the Indians, they poured blood on these unfortunate vast territories - from Of Mexico to Tierra del Fuego.

Spanish first strike taken over by Indian tribes West Indies: Cuba, Haiti, Puerto Rico. A few years after the conquest, there were practically no Indians here: they were all exterminated.

В 1518-1521 Spanish armed detachment led by Cortes captured Mexico, destroying the ancient Aztec society and "state". The Aztec capital was reduced to ruins filled with decaying corpses.

Ten years later, the conquest began of South America. His first victim was the "empire" of the Incas, located on the territory Peru. towards the middle XVI century. huge spaces of South America passed to the Spanish crown. The most difficult thing was to conquer Argentinawhere the Indians waged a merciless struggle against the oppressors. AT XV century. began to appear in South America the first Portuguese settlements that marked the beginning of enslavement Brazil.

American colonies Spain were under the control of the viceroys (by the beginning of the war of independence there were four of them: Peru, New Granada, La Plata и New Spain) and captain generals. During XVIII century. the administrative and political structure of the colonies changed more than once: captaincy generals were transformed into viceroyalties, some other territories received a more independent status, etc. 1776 BC, for example, the viceroyalty was created Rio de Plata, which included Argentina, Paraguay, Bolivia, Uruguay. In the next 1777 Venezuela received the statute of the captaincy general, which she previously had Cuba (since 1764), and then Chile (since 1776) etc.

The viceroys, like the captain-generals, were subject to provincial governors; cities and rural districts were ruled by officials of lesser ranks. Management was centralized from top to bottom. At the very top were, of course, the royal government Spain and the so-called Supreme Council for Affairs Indialocated in the capital Spain - Madrid.

In the process of colonization America in the Caribbean, on the islands West Indies, in Portuguese Brazil Plantation slavery became widespread.

In areas of the old agricultural culture, where, by the time of the conquest, the disintegration of tribal relations led to the formation of rural communities with a system of self-government familiar to them, the use of the so-called encomienda turned out to be most advantageous. Rural communities inhabited by Indians were transferred to the "care" of landowners-landlords, allegedly in order to prevent the Indians from falling away from the Christian faith. The landowners got the opportunity for semi-slavish, semi-feudal exploitation of the Indians. Usually, these latter were subject to heavy dues in favor of their owners.

The state itself acted as a direct exploiter, levying a poll tax from the natives, involving them in compulsory labor service in mines, plantations, construction, etc. The Indians were forbidden to change their place of residence. Some part of the Indians was turned into semi-feudal tenants who paid part of the crop for the land.

Since XVI century., but especially in the XVII-XVIII centuries. Peonage - debt bondage - is developing. Through loans, which were impossible to repay, not only an individual worker, but also his entire family were enslaved, and the enslavement was hereditary.

Question 61:

Education U.S.A and the Great French Revolution - two events of world-historical significance - marked the beginning of the liberation revolution throughout the Western Hemisphere. Her first thunder came from a small Haitibut was heard all over the world.

В August 1791 black slaves Haiti raised the banner of rebellion against France, from which they vainly expected freedom, and against their own oppressors and freedom Haiti was conquered (1804).

Early XIX century. Spanish colonies in America experienced the pre-revolutionary situation. Deep discontent reigned not only among the masses of Indians, mestizos, and blacks. The indigenous white population of the country, the so-called Creoles (descendants of Spanish settlers), of whom there were at least 3 million, did not want to accept the fact that all the main posts in the army and administration of the colonies were in the hands of natives Spain.

War France против Spain, which led to the accession to the Spanish throne of one of Bonaparte (1808), created favorable conditions for the national liberation revolution in the Spanish colonies.

Started in Venezuela April 19, 1810, the uprising against Spanish oppression spread with extraordinary speed to the neighboring New Granada (July 1810), which had the center Bogota (now Colombia), And La Plato (May 1810) centered at Buenos Aires (now Argentina) and so on. September 1810 armed struggle against Spain started in Mexico, where the tasks of national liberation and fundamental social transformations were most consistently combined. The uprising in Mexico became in the full sense of the nation. Only in 1820 BC, after the two first leaders of the uprising (priests Dolores Miguel Hidalgo и Jose Maria Morelos) were captured and executed, the leadership of the uprising passed into the hands of conservative elements controlled by landowners.

The war was fought for a long time with varying success. A new phase began in 1816 BC and ended only 1826 BC To the beginning 1824 Spain retained its dominance only in Peru. Finally, in January 1826, after a fierce struggle that cost many victims, the Spanish forces had to capitulate here too.

During the war of liberation all new Latin American states arose and declared their independence: the United Mexican States (since 1821), United Provinces of Central America, Colombia, Peru, Chile, Paraguay, Bolivia. In 1826 BC The Constituent Congress of the United Provinces of the Rio de la Plata created the state Argentina and adopted its constitution.

В 1830 BC with the collapse of the Colombian federation Venezuela, Ecuador и New Granada, which later became Colombia (since 1886)became independent republics. In the same 1830 BC in the fight against Argentina Uruguay seeks recognition of its independence. Finally, in 1839 BC the Central American Federation breaks up, and declare themselves independent states Guatemala, Honduras, Nicaragua, Costa Rica и Salvador.

В 1844 BC seeks national independence for the Dominican Republic, 1903 BC a republic emerges Panama.

Thus, together with formally independent Cuba (since 1898) by the end XIX century. in Latin america there were twenty independent nation-states.

The collapse of the Spanish colonies into many republics was the result of local separatism, characteristic of any feudal landownership. The basis for political fragmentation was the old Spanish provinces, which in their totality constituted some kind of viceroyalty - the New Spain (Mexico and Central American regions, as well as Cuba and Haiti), New Granada (northern provinces of South America) etc.

Question 62:

After the end of the wars for independence of the country Latin America ended up in the hands of certain political cliques headed by dictators - caudillos. The existence of constitutions did not matter in the slightest, especially since they were constantly changed and remade in relation to the needs of a given regime or in accordance with the concepts of a given caudillo. Estimated W. FosterIn Venezuela The constitution has changed 100 times in 15 years Ecuador- 13, in Bolivia - 10, and in total, starting from 1810 BC Latin American countries have had at least 125 constitutions.

The first 40-50 years were ruled by generals and officers of lower ranks, advanced in wars with Spain. They jealously held on to their privileges and even extended them. There was no talk of political freedoms, of social reforms.

The power of the caudillo was most often established by force (as a result of military coups) or with the help of a semblance of elections. Some caudillos held out for decades, others were set up and overthrown almost every year.

Caudilism preserved in Latin america and after the "revolutionary" generals have left the scene: its breeding ground is large land ownership, whose interests are mainly in the army; he was helped to hold on by the weakness and cowardice of the Latin American bourgeoisie.

With the beginning of economic penetration into Latin America United States use "revolutions" and caudilism to their advantage. The dictatorships established with the help of Washington are invariably the most anti-popular, the most corrupt, the most terrorist. This was, for example, the caudillo regime Gomez в Venezuelaset with USA (1908), such were the countless dictatorships that succeeded each other in Panama, Haiti and elsewhere.

The overthrow of the monarchy Brazil. Outstanding event in history Latin America was the overthrow of the monarchy Brazil (1889). It happened, again, extremely peacefully thanks to the combined efforts of the army and the Republicans.

Constitution Brazil (1891) copies the constitution USA. It accepts not only its political system, but even the federal structure. Each of its 20 states has some administrative and judicial autonomy. The official name of the state was "United States of Brazil".

fatal role in history Latin America have played Соединенные Штаты Америки. Of the more than one hundred wars they have fought since their formation, most have been in Latin American countries. The first major aggression USA was the capture of the northern provinces Of Mexico в 1846 BC Government First USA provoked a coup in Texas (belonging to Mexico), then arbitrarily annexed this territory to its own; after that a provocative raid was made on Mexico, and when the latter tried to defend herself, USA declared war on her Abraham Lincoln, future president USA, condemned this war; the president USA Grant called it one of the most unjust wars ever waged by a strong nation against a weak one. But the deed was done. On the captured Of Mexico states grew Texas, California, Arizona and more

В 1898 BC it's turn Cuba и Puerto-Rico - the last two colonies of Spain in the Western Hemisphere. The United States was looking for a pretext for war with Spain and found it when the cruiser "Maine" was unexpectedly sunk in the port of Havana. After a short military campaign Spain should have given up Cuba and other possessions, including Philippines. They moved on to USA.

Around the same period U.S. start economic conquest Latin America, displacing England.

Question 63: British colonies

The first type English colonies were founded in North America at the very beginning XVII century (in 1607). At the same time, it begins its penetration into India the infamous East India Company. Undermining the military and political capacity Spain, defeating France in the Seven Years' War (1756-1763), England took over the whole North AmericaIncluding To Canada, a significant part India (Bengal), Gibraltar and many other territories in different parts of the world.

Britain seizures in Africa, joining all India, acquisition Ceylon, development Australia и new Zealand. towards the middle XNUMXth century England becomes the largest colonial empire in the world.

The second type English colonies is India. Odolev France and pushing her out India, England begins the seizure of the country and carries it out during the second half XVIII century. and first half XIX century. At the first stage (1756-1764) business is limited to the conquest Bengal (East India) and some smaller principalities. At the next stage England, having dealt with the principality Mysore (the largest state in the south), annexes new lands to its possessions, and Mysore и Hyderabad puts in vassalage (1767-1799). Finally, at the third stage of conquest (1803-1826). In 1803 BC English troops take Delhi, the capital of the Great Mughals, who once ruled India. Military operations are transferred to the southern foothills Himalayas, and in this way almost the whole country is captured, with the exception of Sinda и Punjab.

Up to 1773 BC unlimited master of English possessions in India was the East India Company. Beginning with 70s of the XVIII century. Parliamentary control is established over it England. According to an act of parliament 1784 BC, control India was divided between the Secret Committee of the East India Company and the Control Council of the British government. The completion of the English conquests in India falls on 40s of the XIX century., when they were annexed Sind и Punjab (Northwest India).

The attempt of the Indian people to throw off the British yoke was the revolt of the sepoys in 1857 BC Insurrection 1857 BC forced the British government to change the system of government in India.

The third type of colonial possessions of England represented Irelandenslaved with XII century.

The liberation movement in Ireland forced from time to time to reforms, however, insignificant ones. AT 1869 BC Irish Catholics were equalized with English Protestants.

By law 1870 BC the right of landowners to drive Irish tenants off the land was somewhat limited. The struggle of the Irish faction in the English parliament for self-government (home rule) ran into insurmountable resistance from the landed aristocracy. The English bourgeoisie also spoke out against the self-determination of Ireland, seeing in discord with the Irish, in setting the British workers against the Irish, as a way to paralyze the popular movement in the England.

African colonies. In the end XNUMXth century England lost its industrial monopoly. The "free trade" policy was coming to an end. to the world market, pushing England, came out U.S. и Germany. This time, Africa became the main arena of conquest. Pass under English rule Nigeria, Kenya, South Africa (after a long bloody war with its former colonizers, the Boers, immigrants from Holland), the Gold Coast, Southern and Northern Rhodesia, etc .: England seizes the Suez Canal, seizes the island Cyprus, completes the conquest Burmese. Actual Power England installed over Egypt and some other Arab territories.

The territory of the metropolis and the colonies amounted to 230 thousand square meters, respectively. kilometers and almost 32 million square meters. km.

Question 64: French colonial empire

Colonial takeovers France peace started in XNUMXth century France had to wage a difficult and generally unsuccessful war with such competitors as Spain and Portugal... At the beginning XNUMXth century France manages to settle in Canada (Quebec). She then seizes islands off the coast. America and among them Martinique, Guadeloupepart Haiti and more

В XVII century. The French are making their first attempt to gain a foothold in Africa (Senegal) and Madagascar (from here they were soon expelled Malagasy - the indigenous population of Madagascar), make their way into India. The Seven Years' War ended with the Peace of Paris 1763 BC, crushed the French empire. All that was left of her were pitiful remnants - Martinique, Guadeloupe, a piece of land in Senegal. Canada, India and many other territories were lost to England.

New activation of colonial policy France belongs to the post-revolutionary period. AT 1830 France begins the conquest Algeria, which took about 20 years.

В 50-60s XIX century. France is forging its way into Indo-China, captures Khmer (Cambodia), expands holdings in Senegal, conquers Mauritania, asserted in the Pacific Islands (Marquesas, Tahiti).

The annexationist (colonial) policy reached its fullest scope in France from 1881. Its reasons lie in the rapid development of finance capital while industrial capital is weakening. Hence the inevitable need to export capital from the country to where its application can bring the greatest benefits (due to the cheapness of raw materials and labor).

В 1881 BC French army invades Tunisia. Moving deeper Africa, France captures its central regions lying in the basins of the Congo and Niger rivers, makes its way to the sources Nila. In the end, a huge colonial empire is created France в Africa: Senegal, Guinea, Western Sudan, Mauritania, Niger and others in West Africa; French Congo, Chad, Gabon в Equatorial Africa; Algeria, Tunisia and Morocco in North Africa.

В 1886 BC completed the conquest of Indo-China, 1895 France captures at last Madagascar etc. In 1870 BC the population of the French colonies was about 6 million people, by the beginning of the First World War - more than 55 million people.

The bulk of the French colonies were divided into four general governments: French West Africa, French Equatorial Africa, Madagascar, Indo-China.

Indo-China was considered the most populated (and richest) among the governor-generals. For ease of management, it was divided into several parts: Cochin China (South Vietnam), Thin (Northern Vietnam), Annam (Central Vietnam), Cambodia, Laos. Governor General Indo-China had supreme power over all local residents. The French authorities ruled South Vietnam directly. In Cambodia and Annam they allowed the existence of local dynasties.

placed in a special position Algeria. It was administered by the Ministry of the Interior (and not by the colonies). Government acts concerning Algeria, most often had the signature of the President of the Republic. The country was divided into three departments (Northern Algiers) and the southern territory.

Only after World War I (in 1919) the law granted citizenship to those native Algerians who participated in the war or had French insignia, owned land, read and wrote French.

В Tunisia и Morocco the French government kept the local monarchs.

bey of tunis remained nominally the head of the country, but none of his orders were valid without a visa (consent) of a French resident. The same was true in Morocco, where the nominal power of the Sultan was preserved.

Question 65: State law and written constitutions of bourgeois law

The founders of the principles and institutions of bourgeois law are Vico, professor of law at Naples, English philosopher Locke, French lawyer Montesquieu, Italian beccaria.

A notable feature of bourgeois legal science at its initial stage was the belief in the omnipotence of reason, in its ability to discover and formulate the laws that govern society: "Human society was created by people, therefore, a person is able to understand it" (Montesquieu). Much later, in still backward, semi-feudal Germany, Hegel He will say: "A man must find his reason in law."

Enlightenment philosophy conveyed to the revolutionary time an unshakable confidence in the omnipotent power of the law, that with the help of the law, only good and good law, everything can be done, one has only to wish. This naive belief, which can bring as much evil as good, gave rise to just demands for the strict certainty of the law (Montesquieu), the inadmissibility of its arbitrary interpretation (Condorcet: the interpretation of the law is the creation of new norms).

It was even believed that the law, which is based on "human nature", is capable of regulating not only current relations, but also all future ones. The logical consequence of such views was the "legislative insanity" characteristic of the revolutionary epochs of bourgeois history. The political struggle took on a peculiar character: sometimes it seemed that the reason dividing the parties was mainly disagreements on questions of law and legislation.

In most of Europe, the ruling classes for a long time refused to accept the very idea of a written constitution.

England, which gave the first example of it ("Tool of Control" of the era Cromwell), the first to establish itself in its negative attitude towards any systematic legislative establishment of the foundations of state administration. Known expression of the lord Palmerston: "I am ready to give a good reward to anyone who brings me a copy of the English constitution." The real beginning of constitutional government was laid United States of America and revolutionary France. A new stage in the history of written constitutions began with the success of the liberation war in the Spanish colonies. America.

В 1830 BC written constitutions become the basic law of Belgium and Switzerland: the first establishes the regime of a limited (parliamentary) monarchy, the second - a bourgeois-democratic federal republic. AT 1848 BC and in the period closest to it, written constitutions are adopted Denmark, the Netherlands, Piedmont, Prussia, South German states, Austria, Serbia, Romania, Bulgaria, finally, Japan.

Most of the European constitutions inherited the institutions already tested by the practice of state administration in England and France: the king, two chambers, the right of the "people" to participate in elections, the collective responsibility of the cabinet to the lower house, the irremovability of judges.

The upper houses almost everywhere consisted of appointed or hereditary members. In addition to the states already known to us, where this order was recognized, we also note Spain. Constitution 1876 BC created a senate here, consisting of half hereditary grandees and members appointed by the king. A high property qualification was a prerequisite even for hereditary peers (at least 60 pesetas of annual income).

It was a little better in those states where the second chamber was staffed on the basis of elections (Belgium и Netherlands, Sweden и Denmark). In the Netherlands, for example, 39 members of the upper house were elected on the basis of: 1 deputy from 3 thousand large taxpayers.

Question 66:

Due to the growing unpopularity of the upper chambers, the order of their recruitment, the conservative force emanating from them, hostile to any and all changes, forced the ruling classes to change their orientation. The real counterbalance to "democratic recklessness" is the direct instruments of the bourgeois dictatorship: the court, the police, the army, the bureaucracy.

The actual fall of parliaments, however, took place gradually and far from everywhere. On the contrary, in a number of countries they are acquiring the right to legislative initiative, which they were deprived of not so long ago, the right to amend government bills, control over the government; here and there, remuneration of deputies is introduced, the publicity of parliamentary debates and the irresponsibility of deputies for criticizing the government are legitimized.

Political (party) opposition is recognized as an inevitable element of the parliamentary system. Governments are becoming more patient with criticism, especially when it distracts the public and parliament from the issues that really matter. The opposition has always had no more ability to pass the law than any influential newspaper. The consequence of the whole new situation is a cooling of interest in parliamentary debates - not only in the general public, the press, but also in the chamber itself.

To the extent that parliaments lost importance, governmental power increased. The drafting and editing of bills becomes its complete monopoly. When a draft law is submitted by a deputy, the French statesman noted Leroy, he does this most often without hope of success, with the sole purpose of reminding the voter of himself.

Governments have won for themselves the right to issue decrees, bypassing parliament. The latter authorizes the cabinet to issue resolutions on a certain range of cases, or allows it to do the same "in the development of the law", "in order to ensure the law." Accordingly, the law is edited in a more general form.

English statesman Muir states that "most of the public acts included in the code of laws are departmental directives, born in the administrative practice of officials." The same writes Leroy: "Parliament is lost in front of the administration in all cases when he is going to lead it"; the chamber enters into such relations with ministries, with bureaucratic offices, "which are becoming more and more 'intimate'"; the same links are established between Parliament and "private associations" whose opinion it solicits and which already "share with Parliament its sovereignty".

Most of the laws are provided with clauses that allow the government, ministries and just officials to act "at their discretion", that is, not to reckon or to reckon little with the law.

French law 1892 BC, for example, banned night work for teenagers under 18, as well as for women in certain industries. At the same time, the government was given the right to make “exemptions of a permanent nature.” The law allowed labor inspectors to temporarily cancel the weekly rest day and all those restrictions that were established for the length of the working day (“no more than 11 hours a day”). "If the law 1892 BC did not give the expected beneficial results, - said in a report at the Fifth Congress of the French Trade Unions (CGT) in 1900, - this should be attributed to the administrative regulations (i.e., government instructions) that were issued on this subject.

The House's control over the government becomes a sham. Just the opposite is observed: government control over the chamber.

Question 67: The system of bourgeois law in England

The English bourgeois revolution did not bring new changes to the legal system of England and almost did not touch upon case law. The old judicial system and all legal proceedings remained intact.

Of the laws adopted during the revolution, the most important were those that transformed the feudal right of landed property into a bourgeois one. In this regard, the Act of Parliament deserves special attention. February 24, 1646, to which noble (knightly) land holdings, including holdings of copyholders, were declared free private property. Act 1646 BC served to transform feudal property into bourgeois property and therefore should be considered as the most important result of the English bourgeois revolution, while we must not forget the copyholders, whose land holdings, based on the abolition of feudal law, lost their legal basis and protection.

It should also be noted that massive land confiscations, among which the act 1642 BC, who were declared confiscated land holdings of supporters of the king, an act October 9, 1646 on confiscation of church lands, act 1649 BC on the sale of royal lands.

The acts of parliament that swept away the feudal restrictions on business and trade were also of the utmost importance. Among them, the law on the prohibition of monopolies deserves to be noted, which at that time meant the establishment of special privileges for some kind of entrepreneurial activity (November 1640); Great Demonstration 1641 BC, condemning the feudal forms of regulation of industry and trade. "An Act for the Promotion and Regulation of the Trade of the English State" August 1, 1650, by which Parliament instructed the then established “permanent council” to take measures necessary for “a more open and free trade than is currently carried on,” and at the same time to carry out a general revision of the legal acts regulating trade and industry so that they did not contradict the “interests of the state”.

Знаменитый Navigation Act 1651 served as the greatest stimulus for the development of English overseas trade to the detriment of its Dutch and other competitors.

With all this, the further development of English law followed the path of adapting the old feudal law to new, bourgeois relations, in addition, the case system had a significant ability to be flexible and adaptable to new conditions.

Gradually, during XVIII-XIX centuries., the English doctrine of judicial case law is being formed, consisting in a combination of legal structures and judicial practice that served to establish a more or less stable procedure for the case system. The decisions of the higher courts of England began to be considered binding both for all the lower courts and for themselves; at the same time, the higher courts were not bound by the decisions of the lower courts, the judges of the same instance were advised not to make decisions that differ significantly from each other; only that part of the court decision that contains the rationale for the decision is applied (considered mandatory), everything else is of no significant significance and binding force.

Through reforms 1873-1875, the courts of equity were merged with the courts of common law. Accordingly, the norms of common law ceased to be considered a special system, different from the norms of the courts of justice. A uniform case law emerged that is still applied today. The law gave obvious preference to the rules of equity.

It was the courts of justice that created the very institutions of law that most contributed to bourgeois relations.

Question 68

The French bourgeois revolution brought about fundamental changes in feudal law France.

Decree dated February 16, 1791, the guild system was abolished, as well as by law dated March 1, 1791, which granted "every" person the right to freely engage in fishing and trade.

With regard to family relations, the revolution terminated canon law, recognized secular marriage, allowed divorce, including by mutual agreement of the spouses, and abolished parental authority over adult children. Illegitimate children (with the exception of those born from an "adulterous" relationship) were equalized in rights with "legitimate" children, but on the condition that they were recognized by the father.

Even more significant changes were made to the system of the old criminal law. Adopted in 1791 BC By the Constituent Assembly, the criminal code proceeded from the following principles: the criminal law must be humane; there is no crime that is not specified in the law; The punishment must be proportionate to the crime and quite definite.

In court and legal proceedings, the revolution has done no less. It suffices to refer to the trial by jury introduced by the constitution. 1791 BC, on the adversarial form of the process (instead of accusatory), the presumption of innocence.

1804 Napoleon Bonaparte enacted the Civil Code France (Napoleon Code). In its three parts - persons, things, obligations - the Code 1804 BC regulated the property relations of the bourgeois France.

Despite the diversity of its sources, the Napoleonic Code becomes "an exemplary code of laws of bourgeois society." Standing above all the codes that existed in his time, thanks only to the fact that he recognized in principle the equality of citizens, the Napoleonic Code became a code of laws that formed the basis for the codifications of civil law in all parts of the world.

A few years later the government Napoleon enacted the Commercial Code (1807), Code of Criminal Procedure (1808) and the Criminal Code1810).

The Commercial Code served, as it were, as an addition to the Civil Code, but was noticeably inferior to it both in content and in form. The Code considered and regulated such important legal relations in bourgeois society as commercial activities, partnerships and trade exchanges, international and maritime trade, bankruptcies, etc. In some contradiction with the Civil Code, a woman was allowed to engage in commercial activities, but on the condition that husband's consent.

Shortcomings of the Code very early demanded changes and additions of the norms contained in it. This purpose was served by the law 1838 BC bankruptcy law 1841 BC about trade and auctions, etc.

Procedural code France 1808 created the so-called mixed process based on the principle of competition and publicity of the process.

The influence of the French criminal process affected the German Code of Criminal Procedure 1877 BC, Austrian code 1873 BC, Russian Statutes of criminal proceedings 1864 BC etc.

Commission for the drafting of the Criminal Code, whose main figure was Tarje, was appointed consul in 1801 BC В 1804 BC work was interrupted and resumed only in 1808 BC

В January 1810 After discussion in the State Council, which held 41 meetings, the draft Code was transferred to the Legislative Corps and was approved here without debate. The Code came into force on 1811 BC (simultaneously with the CPC).

Criminal law Belgium, Holland, Italy, Prussia, Austria, Bavaria, Portugal, Mexico and many other countries adopted the Code 1810 BC as a classic, and it really served as a "classic original" for them.

Question 69: Features of the systems of bourgeois law

While the French codices drew into the orbit of influence most of the continental Europe (and partly of Latin America), the English system of law took root in United States of America (albeit in a modified form), became dominant in most English colonies and dominions.

The introduction of English law in the colonies was expressly provided for in the royal charters and laws of Parliament; local law, as, for example, in India, was either extremely embarrassed, limited, or not taken into account at all. The spread of English law was also facilitated by the fact that the decisions of the colonial courts could be reviewed by the Privy Council in London.

Two different paths of development of the bourgeois revolution - English and French - in combination with other circumstances led to the gradual identification of two different legal systems. Thanks to the importance that England and France had, these systems took on an international character.

It became possible to speak of two world systems of bourgeois law: continental and Anglo-Saxon.

The main differences between these systems are:

1) the continental system of law is based on codes; Anglo-Saxon places judicial precedent on the same level as law (statute), it, with some exceptions, does not know codes, but attaches great importance to judicial practice; the number of judicial precedents to be applied in practice in England amounts to hundreds of thousands (from 300 to 500 thousand). In addition to them, there are at least 3 thousand laws (statutes) and an infinite number of acts of delegated legislation; in The United States precedent has somewhat less application in the courts than it does in England, however, here, too, 350 volumes of court decisions are published annually, which can serve as precedents; since the use of case law is impossible without freedom of interpretation, so far the English and American judges act as legislators. “Theoretically,” writes the English jurist Denning, “judges do not create law, they only explain it. Since, however, no one knows what the rule of law is until the judge formulates it, therefore, judges create law”;

2) in regard to property relations, the continental system of law is more imbued with principles rooted in Roman law; Anglo-Saxon law developed less dependent on the latter (hence the differences in terminology and some special legal institutions);

3) Anglo-Saxon law does not know the division into "public" and "private" and therefore has a certain "aversion" to administrative justice; public institutions and officials are liable for their actions before the same court as private individuals.

The difference between the two systems is mainly of a formal nature: the same production relations, the same stage of development of the family, the unity of the principles of the political organization of society, etc. predetermine the same essence of law and in England and in France. With all this, the existence of important differences in the regulation of the same property relations, inheritance law, etc. indicates that economic relations (dependence of law on the conditions of production and exchange) determine the development of law, and ultimately have a strong impact on this development and many other factors (lying in the sphere of the superstructure over the base): historical conditions, religion, wars and mixing of tribes, as well as various kinds of accidents, including those that were determined by the characters of certain historical figures.

Question 70

One of the largest and most striking monuments of bourgeois law is the German Civil Code, enacted in 1900 BC

Before 1900 BC individual states that were part of the empire and even the Sami minor areas within these states had their own legislation, their own special legal customs.

There were, of course, general imperial laws, but they had little to do with civil law. Let us point out, for example, the regulations on usury, guardianship and notary, contained in police regulations. XVI century.

To characterize local (particular) law, let us refer to the example of Bavaria. In total, there were 44 statutes regulating civil legal relations. Despite this number, they contained a lot of gaps.

It was somewhat different in Prussia, where the so-called Prussian Zemstvo Code operated. 1794 BC, displacing local legal regulations in the course of application. However, drawn up under the influence of the oppressive fear that the French Revolution caught up with the ruling dynasties, the Prussian Code corresponded to bourgeois relations to a very small extent. It was a code of feudal law renewed in the spirit of the times. He retained serfdom, workshops, the special status of patrimonial estates and the unlimited power of the landowners over the peasants.

The compilation of a general imperial code of civil law became possible only after the unification of Germany, but even during this period it was not easy: the code came into force 26 years after the appointment of a commission to compile it.

The German Civil Code was drawn up according to the so-called pandect system. It does not consist of three parts, like the Napoleonic Code, but of five: a general part (on individuals and legal entities, transactions and things in general, prescription, etc.) and four special ones: the law of obligations; real right (property, possession); family law; inheritance law.

German Civil Code (hereinafter - GGU) surpasses the French code in its total volume (2385 paragraphs). It is written in heavy language, accessible "only to specialists, understanding is hindered by the abundance of references of some articles to others and unusual terminological equipment. The German Code reveals specific techniques characteristic of bourgeois law-making during the period of imperialism: the vagueness of wording, the abuse of references to loose and non-legal criteria that can be understood in different ways and received the ironic name of "rubber rules" (I. S. Peretersky). These are references to "good morals", "good conscience", etc.

The essential features of the GGU are also determined by some specific circumstances: the German bourgeoisie had to put up with the political predominance of the Junkers and therefore take for granted the preservation of feudal landownership and many of the survivals of the past era associated with it.

At the same time, as we shall see below, the GGU is closely connected with its epoch, expressing the essential features of the bourgeois law of imperialism. A special chapter is devoted to legal entities, that is, capitalist associations of various kinds; the corresponding norms of the code ensure the interests of industry and trade, imposing, in appropriate cases, a bridle on the still revered land ownership, etc. In the "spirit of the times", but in no way infringing on the interests of the capitalists, the GGU extends to the "social obligations" that lie with the employer , "good conscience" as an indispensable condition for civil circulation, the fight against "unfair competition", etc.

Question 71. Development of bourgeois civil law: Swiss civil code

The civil legislation of the bourgeois countries of that time developed intensively and all steps in various areas of legislation influenced its development.

In the development of bourgeois civil law, a new step in the period of imperialism was Swiss Civil Code 1907 The political fragmentation of the Swiss cantons for a long time prevented the creation of a single legal complex of the Swiss Federation and left its mark on the content of the code: the codification of civil law, carried out with its entry into force, was carried out without significant reforms.

Swiss Civil Code 1907 BC appeared first in 4 books, then in 1911 BC a revision of the law of obligations was made, and the new law on obligations became, in essence, the fifth book of the Code.

Art. 1st Code, which determined: "If a corresponding provision cannot be found in the law, then the judge must decide the case on the basis of customary law, and in the absence of such, according to the rule that he would establish as a legislator."

Not without the influence of the German Code, Swiss Code requires each of the counterparties to adhere to "good conscience"; both codes state that liability for damage (harm) arises only if there is a fault of the tortfeasor; as there, so "the mortgage of movable property is recognized as legitimate here: according to the German Civil Code - ships, according to the Swiss Code - livestock.

But, of course, there were many different things, otherwise the Swiss Code would not have deserved to be mentioned. While like Germany retained the Commercial Code as "close to the German heart", the Swiss law of obligations, breaking traditions, began to regulate trade relations in all their complexity. The Swiss Civil Code simplified the procedure for the emergence of capitalist associations (it is enough to enter it in the commercial register - Art. 52), gave them complete freedom of action, provided (in the interests of industry) that the owner of real estate (land) "is obliged to allow the laying of water pipes, pipes ... and underground wires", although for "full preliminary compensation for damages" (Article 691). As far as trade is concerned, the Swiss Civil Code permits and regulates the sale on credit (with installment payment), which is so common today. While the German Civil Code abandoned the presumption of the percentage of loan transactions, leaving the decision of each individual case to the court, the Swiss Civil Code established the presumption of the percentage of commercial transactions and interest-free non-commercial transactions. Finally, in contrast to the German Civil Code, the Swiss Code ruled that the sale breaks the lease, that is, it allows the new owner of the premises to expel the tenant or require him to change the terms of the lease.

With regard to inheritance law, the Swiss Civil Code somewhat limits the circle of legal heirs (compared to the German Civil Code), provides significant advantages to the surviving spouse, establishes an inalienable share for descendants (3/4 of the inheritance), parents, and brothers and sisters heir. Recognition by the father of illegitimate children was not allowed.

Thus, the Swiss Civil Code played a significant role in the development of bourgeois civil law, since it served to unify the unified legal field of Switzerland.

Question 72. Development of institutions of bourgeois civil law. Ownership

In accordance with the Napoleonic Code, property is the right to use and dispose of things in the most absolute way, so that the use is not that which is prohibited by law and regulations.

The Napoleonic Code does not define the concept of "private property", but only of "property" in general.

The Napoleonic Code divides the totality of things into two parts: movable things and immovable things. The undoubted predominance is given to the latter and first of all to landed property. The owner of the land was given - and, moreover, by sober calculation - both what was under the soil (at any depth) and what extended above it - air space. All this had a certain meaning. Ownership of the airspace served as the basis for planting trees and erecting structures on the site. The right of ownership to the bowels of the earth, to minerals does not need comments.

As an exception to the general rule, the Code allowed the seller of real estate to terminate the contract of sale if it turned out that he had suffered damage as a result of more than 7/12 of the actual value of the thing. It does not matter much, said Napoleon, how this or that person disposes of a few diamonds or paintings, but the fate of territorial property cannot be indifferent to society. At the same time, a buyer who made a purchase at an excessively high price did not receive the right to terminate the contract.

The restrictions on property rights established by the Code concerned such actions of the owner that affected the interests of others. It was forbidden, for example, to erect structures that could cause damage to a neighbor. A dam may be included among such structures if, due to its construction, a mill has stopped in the underlying area.

В 1810 BC a law is issued according to which the earth's interior could be developed only with the special permission of the government (concession). The owner of the land plot turned out to be deprived of the rights to what is "located below" (although he received compensation). This was done to the undoubted benefit of capitalist enterprises, who did not want to endure the speculative inflation of land prices as soon as coal or metals were found in it.

To the advantage of that part of the capitalists whose property is mainly in movables (shares, commodities), the Napoleonic Code established the following, which has become a classic, rule: the conscientious owner of a thing is considered its owner if the possession is public and unambiguous.

By granting preferential protection to landed property, Napoleon strengthened and regulated the conditions under which the peasants could use the land they had inherited as a result of the revolution. The peasants, on the other hand, gave him their sons and, despite all the disappointments, transferred their devotion to the emperor to his insignificant nephew.

As far as the German Civil Code is concerned, the legislator is required to allow the retention of fiefs and the hereditary lease associated with them. He retained a special order of inheritance of real estate belonging to the imperial nobility.

But on the other hand, in many other respects, the GGU expresses the interests of large capitalist enterprises to a greater extent than the earlier Napoleonic Code. From the very beginning it is established that the landowner cannot prevent such penetration into his plot - from above or below - which does not affect the interests of agriculture. He is obliged to endure, without demanding payment, the penetration of gas, smoke and steam, shaking of the soil, etc., which is associated with the work of an industrial enterprise.

Question 73. Development of institutions of bourgeois civil law. Legal persons. Joint stock companies

The emergence of joint-stock companies refers to the beginning XVII century. To some extent, they were both the famous East India Company and the company that established the Bank of England (1635 BC) to finance the government, and the government's Netherlands East India Company (1602 BC). The shareholders of all these companies were famous people, but even then (in France, for example) in some places bearer shares began to appear. Among the joint-stock companies that arose in XVII century. and especially in XNUMXth century., there were a lot of exaggerated ones, and they had the goal of robbing a small shareholder who pecked at the promise of big profits. This circumstance led to the English law 1720 BC, which prohibited the formation of joint-stock companies without prior government permission.

In France, joint-stock companies were encouraged in pre-revolutionary times, but were banned in 1793 BC as tools with which the robberies of small investors were carried out.

Commercial Code 1807 BC did not prohibit a joint-stock (in French terminology - "anonymous") company, that is, such an association of capitalists, in which the capital consists of shares (Article 34); it was also recognized that for such a company the principle of limited liability of shareholders for the debts of the company operates (in contrast to the so-called general partnerships with their joint and several liability). The commercial code required, however, that special permission from the government should be requested each time for the formation of a joint-stock company, and this was not always granted.

В 1867 BC government Napoleon III, showing understanding of the situation, freed joint-stock companies from the need to request prior permission. It became quite simple registration (the concession procedure gave way to the normative one). Thus, a legal entity was finally recognized.

The English legislation on joint-stock companies went ahead of the French. Despite the restrictions imposed by law 1720 BC, joint stock companies were created in England hundreds, and the government itself made them a source of loans.

В 1844 BC joint-stock companies receive full recognition of the law as legal entities managed and represented by directors. Shareholders, however, remained jointly and severally liable to the extent of their entire property, and this greatly hindered the attraction of capital. AT 1862 BC This restriction has also been removed. Shareholders began to answer for the debts of the company within the limits of their shares.

The main body of the company is the general meeting of shareholders. The vote in this meeting does not belong to the person as such, but to the shares: the more shares, the more votes. To have a decisive influence on the course of business, one had to own a "controlling stake" containing more than half of the company's share capital; in practice, it turned out to be sufficient to have 30 or 20 or even less than that percent of the share capital.

Depending on the course of affairs, on the amount of profits and other circumstances, the actual value of the shares (the price at which they are sold on the stock exchange) may be higher than the nominal value and lower.

There are many types of joint stock companies. AT Germany became widespread legalized in 1892 BC limited liability company; its management is simplified (there is neither a general meeting nor a supervisory board), but the transfer of shares (shares) is difficult, and they do not appear on the stock exchange.

In the German Civil Code, legal entities, and joint-stock companies in particular, receive their full recognition from the very beginning.

Question 74. Development of institutions of bourgeois civil law. Contract law

Under Title 3 On Contracts or Contractual Obligations in General of the Napoleonic Code agreement - this is an agreement by which one or more persons undertake to another person or to several persons to give something, to do something or not to do something.

A contract is synallagmatic or bilateral if the contracting parties are mutually obligated one to the other.

The contract is unilateral if one or more persons assume an obligation to another (person) or to several other persons and without the obligation arising from the latter.

A contract is an exchange if each party undertakes to give or do something, and what it has to give or do is considered as equivalent to what is given to it or what is done for it.

A contract for compensation is one that imposes on each of the parties an obligation to give something or do something.

Contracts, both having a special name and not having one, are subject to the general rules contained in this title.

Special rules for some treaties are set out in the titles relating to each of them; special rules on trade transactions are established by laws relating to trade.

The main condition for the validity of any agreement is recognized as "the consent of the party that undertakes." There is no consent if it was the result of delusion, if it was extorted by force or deceit.

On this basis, the principle of "freedom of contract" is constructed, which is fundamental for bourgeois law, especially in the first period of its existence.

The legislator forbids cheating, but he consciously ignores the simple fact that the equality of parties he assumes in a contract is (when it comes to workers and entrepreneurs) a formal, and therefore a false equality.

Based on the formal consent of the parties, "freedom of contract" is false in many other respects. To say nothing of the aspect of the matter, that for the most part contracts are predetermined to one degree or another by the given state of economic ties, by the given level of production and exchange. In relations between entrepreneurs themselves, "freedom of contract" is very often a legal fiction, since there is an inequality of wealth, dependence of one enterprise on another, struggle for credit, competition in the market, etc. The French code adheres to the principle of strict enforceability of the contract, regardless of the conditions. Contracts legally concluded, he says, have the force of law for the parties.

The only case when termination of the contract is permissible is by mutual agreement of the parties.

War, natural disasters, economic shocks, etc., could, as a general rule, entail a delay in performance, but not a termination of the contract.

The German civil code adheres to the same principles as the French one, but the difference in time has also affected this case. Nowhere, except in the section dealing with obligations, do we find such an abundance of "rubber" formulas. Section 138 states that a transaction that violates the norms of public morality is void; Paragraph 157 allows judges to interpret contracts as required by good conscience and customs of business, etc. Invoking the extra-legal and indefinite concept of "good conscience" into the service of class bourgeois justice, the authors of the GGU pretend that there is some morality common to all. But invariably it turned out that the struggle for the market, for the monopolization of the sale of goods, etc., corresponded to "good conscience", despite the inevitable rise in prices and the ruin of the losers, while the struggle of the workers against the strikebreakers contradicted it.

Question 75. Development of institutions of bourgeois civil law. Validity and invalidity of contracts under the Civil Code of 1804

The Napoleonic Code lays down four conditions that are essential to the validity of the agreement.

1. Consent of the party who undertakes.

There is no real consent if the consent was given only through delusion, or if it was extorted by violence or obtained by deceit.

Misconception is the cause of the nullity of the agreement only when the error refers to the very essence of the thing that is the subject of the agreement.

Violenceaction against the one who entered into the obligation is the cause of nullity, even though the violence was carried out by a third person, and not by the one in whose favor the agreement was concluded.

Violence is the cause of the nullity of the contract, not only when it is carried out in relation to one of the contracting parties, but also when it is carried out in relation to the spouse of the contracting party, in relation to its descendants or its ascendants.

A contract can no longer be challenged on the grounds of violence if, after the violence has ceased, the contract has been approved, either directly or tacitly, or by missing the statutory period for making a claim for restoration.

Deception is the cause of the nullity of the agreement, if the course of action of one of the parties is such that it is clear that without these actions the other party would not have entered into the contract.

Fraud is not supposed and must be proven.

An agreement entered into as a result of error, violence or deceit is not void by virtue of the law itself.

As a general rule, one can neither bind nor make agreements in one's own name except for oneself.

However, it is possible to speak for a third party, promising that the latter will perform some action; a claim for damages remains in effect against a person who has acted for a third party or who has promised to obtain approval of the contract if the third party refuses to fulfill the said promise.

It is equally possible to conclude an agreement in favor of a third party if such a condition is included in an agreement concluded by a person in his own favor or as a gift made to another person. The one who has concluded this agreement cannot cancel it if a third party has declared his desire to use this agreement.

It is considered that a person enters into a contract for himself and for his heirs and successors, except in cases where the opposite is expressed in the agreement.

2. Ability to enter into a contract. Every person can enter into contracts unless he is declared incapable by law.

Unable to conclude contracts are: minors; persons deprived of legal capacity; married women in the cases specified in the law and in general all those to whom the law forbids certain contracts.

A minor, a person deprived of legal capacity and a married woman may dispute, on account of their incapacity, the obligations they have assumed only in cases provided for by law.

3. A specific subject that constitutes the content of the obligation.

The subject matter of a contract is what one party undertakes to do or what it undertakes not to do.

Simple use and simple possession of any thing can be, like the thing itself, the subject of a contract.

Only those things that are in circulation can be the subject of agreements. Future things may be subject to obligation.

4. Permissible basis for obligation.

An obligation which has no basis, or which has a false basis, or which has an unlawful basis, cannot receive any force.

The validity of an obligation is not diminished, even if its basis is not expressed in it.

Question 76. Development of institutions of bourgeois civil law. Features of English contract law

English contract law differs little from continental law, except in form. Here, since feudal times, the division of contracts into "formal" (sealed by counterparties) and "simple" ones has been maintained. Formal contracts required strictly defined types of transactions - sales, hiring, guarantees, transportation, etc. The new types of agreements that arose in the course of bourgeois development were ignored by the old English contract law. Judicial practice came to the rescue. In the fight against formal theory, another basis for the validity of contracts was put forward - counter-benefit, reciprocal satisfaction.

jenks writes that the court no longer raises the question: "What kind of contract is this: sale, hiring, provision of services, or some other." He considers the claim justified (and the contract is valid) if it follows from it that the parties have assumed mutual obligations and that the defendant, concluding the contract, made a promise (give or make) in exchange for the promise of the plaintiff. All that was required was that the contract should indicate its "reason", i.e., contain a definite promise to pay the money, a mention of the payment already made, etc.

Pushing aside "formal" contracts, limiting them to a narrow sphere of land relations, simple contracts have become a flexible tool for establishing any form of obligations and their defense in court. Continental law took advantage of this development to construct a unified, unfettered form of contractual obligation.

English doctrine and law have worked hard to establish the conditions that make the contract invalid (especially the "courts of justice." The deliberate deception of the counterparty, with the aim of inducing him to enter into an agreement, is, as a general rule, the basis for terminating the contract. So (according to Jenks), if the seller of a horse claims that he bought it at a previous auction for £500, and this turns out to be a lie, there is grounds for a claim of deceit, but if he says: "Surely, in the upcoming races this horse will come first", and this will be a deliberate lie - there are no grounds for canceling the sale.

There is also a simple silence about any discrediting facts (there is no basis for a claim) and intentional, interpreted as a deception. If the seller claimed that he was selling a Rubens painting, and because of this a fake was bought, there are grounds for a claim of deceit; but if the buyer himself believed that this Rubens, and then it turned out that this is different, there are no grounds for terminating the transaction.

English law adhered to the same principle as French law, that the performance of a contract must be strict and unwavering. In this connection, no event, even the most unforeseen, that occurred after the conclusion of the contract, can release the party from fulfilling obligations under the contract. This principle, he adds, has been established since the civil war (mid XVII in.).

As capitalism develops into monopoly capitalism, the principle of the immutability of contractual relations is experiencing a certain crisis. This was already pointed out by the relevant paragraphs of the German Civil Code, which gave the court the possibility of wide discretion in regard to the enforceability of contracts, in particular paragraph 157, which makes the execution of the contract dependent on how, in relation to this case, the court interprets "good conscience" and " turnover customs.

Thus, the execution of treaties in the leading bourgeois countries is based on practically the same principles.

Question 77. Development of institutions of bourgeois civil law. Family law

Code of 1804 sets principle of secular marriage. According to the Napoleonic Code, the head of the family is the husband. He "provides patronage to his wife," for which she must pay "obedience." She cannot appear in court without her husband's permission. Even in the case when, according to the marriage contract, the property of the spouses is separate, the wife does not have the right to alienate, pledge, give or acquire anything without the consent of the husband. Her only privilege is the right to make a will.

Divorce was allowed in precisely defined cases: due to abuse, rough treatment or severe insults, and also because of the mutual stubborn disagreement of the spouses to continue marital relations.

В 1907 BC The French legislator grants a woman the right to freely dispose of her earnings, including the right to have personal savings. She became the manager of independently acquired property, received the right to speak in court in disputes related to this property. In case of disagreement between the spouses, the court began to determine their share in the total expenses.

The German civil code proceeds in the same way from the headship of the husband in the family. He decides all the main issues related to the existence of the family, alone owns the property of the family and appears in the family court. The wife is responsible for housekeeping.

The new time was reflected, however, in this vault. The wife remains the owner of the property that she brought into the house or acquired in marriage; she has the right to demand separate residence, can engage in her professional activities. The legal grounds for divorce are the same for both husband and wife. The reasons for the divorce are: a deep shock to the family foundations as a result of "dishonest behavior", "deeds that are contrary to morality", etc.

Paternity searches were prohibited by law Belgium, Holland, Spain, Portugal, Italy etc.

In the United States, illegitimate children - as a general rule - were not considered to be related to the father, and therefore their recognition was allowed only by subsequent marriage of the parents.

In France, Switzerland and in many other countries, the courts exempted the father of an illegitimate child from liability even if he could prove the "lewd behavior" of the mother, which meant not only receiving money, but even random gifts.

English marriage law, just like continental law, has undergone a serious evolution. Along with church marriage, secular marriage became possible. The place of "excommunication from the table and the bed" was taken by divorce, legalized in 1857 BC At the same time, "simple adultery of a husband" was not recognized as a ground for divorce until 1923 BC, while the husband, even before that time, could rely on “adultery committed by the wife after marriage.” In contrast to “simple adultery,” English law specified “qualified adultery,” that is, combined with incest, bigamy, cruelty or abandonment of the wife for at least two years.

English law was important 1882 BC, according to which the woman finally received the right to dispose of her property.

English law, more stubbornly than any other, believed that a child born out of wedlock is "nobody's." No method of adoption, including the subsequent marriage of parents, was allowed until 1926 BC

Parental authority in all bourgeois laws belongs to the husband.

But no law forbade the father from using "corrective measures." Related abuses caused English law 1908 BC, which established parental responsibility in cases of child abuse.

Question 78. Development of institutions of bourgeois civil law - inheritance law

The Napoleonic Code reinforces the bourgeois principle of unity of the hereditary mass: no one kind of property has privileges over another.

The Napoleonic Code abolished the feudal system of inheritance. While recognizing inheritance by law and inheritance by will, the code, nevertheless, limited testamentary freedom and made the possibility of a testament dependent on whether the testator left children or not.

Property free from testamentary disposition is inherited by law. In this area, the principle of birthright was destroyed. The closest degree of kinship excluded the right to inherit further ones. In the absence of relatives with inheritance rights, the property passed to the surviving spouse. Illegitimate recognized children received hereditary rights to the father's property, but in a limited amount: their share was equal to 1/3 of the share of the legitimate child, and they could not inherit even after the ascendants. nor after the lateral relatives of the testator.

legal heirs recognized first of all direct descending (children, grandchildren). They exclude all others. Then, i.e. in the absence of direct descendants, there are lateral relatives (brothers and sisters), who share property with the parents of the heir - and so on, up to the 12th degree of relationship, i.e. six-fold brothers and sisters. Law 1917 BC limited the circle of legitimate heirs to the sixth degree of kinship. As far as wills are concerned, the Code adheres to the principle of "obligatory succession". With one child, the testator has the right to freely dispose of half of the property (the other half remains under all conditions for the child), with two children - one third, with three - one fourth of the property.

The German Civil Code also requires a mandatory share in favor of descendants. But it does not limit the circle of legitimate heirs to any degree of kinship: the inheritance must find an owner.

Concerning the issue of inheritance law in the system of English law, it should be noted that since the time of the bourgeois revolution, complete freedom of testament has been established, extending to all types of hereditary property. The situation was different with inheritance by law. Up to the Property Administration Act issued in 1925 BC, in English inheritance law there is a shaft, as he writes jenks, "a striking feature" - two types of inheritance were established by law: real inheritance and personal.

Real estate (with the exception of rental rights to real estate) was considered real inheritance. In the absence of clear instructions in the testamentary disposition, real property (mainly the old landed estates of the nobility) passed to the "nearest relative", that is, to the eldest son, when he was available. Descendants excluded everyone else, men excluded women, the eldest, the heir excluded all others. Personal inheritance (that is, mainly movables) was distributed according to rules that differed little from continental ones.

Thus, bourgeois legislation England, France, Germany fixed identical provisions defining the freedom of will, extending to all types of hereditary property.

Question 79

Instructions to deputies Estates General 1789 abounded with demands for fundamental reforms of criminal law. The electorate wanted the motley mixture of Roman and customary law, ordinances and judgments to be replaced by a code of penal law. The orders insisted on the equality of citizens before the criminal law, on the mitigation of punitive measures, on the fact that punishments should not be extended, as it was before, to relatives of the criminal, to his family. They demanded definite punishments. They wanted impunity for "religious crimes" and, of course, crimes against so-called good morals.

The Bourgeois-Democratic Character of the Criminal Code 1791 BC contrary to the interests of the political regime established under Napoleon. The consequence of this was, as we already know, the development and approval UK 1810

Crimes such acts were called that are punishable by "torturous and disgraceful punishment"; misdemeanors - acts punishable by "correctional punishments"; violations - acts that "laws punish with police punishments."

It was recognized that no violation and no misdemeanor would be punishable by penalties that were not established by law before they were committed.

The following were considered painful and disgraceful punishments: the death penalty, hard labor (for life and fixed-term), imprisonment in a fortress, deportation (exile and lifelong stay in any of the French colonies), a house of restraint. The death penalty is carried out in one of the public squares; a person sentenced to life hard labor is branded in a public square (on the right shoulder); men sentenced to penal servitude are used in the most difficult work, dragging a cannonball on their feet or chained in pairs. Urgent hard labor is appointed for a period of 5 to 20 years.

Shameful punishments were recognized: exile, exhibiting at the pillory (in a collar), civil death; correctional punishments - imprisonment for a term in a correctional institution, deprivation of rights, a fine.

Punishment sharply increased in case of relapse. Rejecting recognition of mitigating circumstances (in principle), the Code held that accomplices were subject to the same punishment as perpetrators; accomplices - with a special exception - are punished in the same way as accomplices. A criminal who has not reached 16 years of age, “if it is established that he acted without understanding”, is subject to acquittal, but nevertheless can be sent to prison, where he will be until he reaches 20 years of age, unless otherwise established by the sentence.

a common part French Criminal Code was very imperfect. The norms relating to the operation of the law in space, on prescription and some others were assigned to the criminal procedure legislation; Necessary defense is not spoken of in the general part, as is customary now, but in a special one; intent and negligence are not defined, etc.

Criminal Code 1810 BC given France unified criminal law, instead of many local regulations and customs, put an end to the "arbitrariness and caprice" of judges both in regard to recognizing an act as criminal and in choosing a punishment for it; all citizens, albeit formally, have become equally responsible before the criminal law; the retroactive force of the criminal law was prohibited; kept silent about crimes against religion, etc.

Significant changes have been made to UK 1810 just after the revolution 1830 BC Among them are the recognition of extenuating circumstances and the abolition of disgraceful punishments. AT 1848 BC the death penalty for political crimes is abolished for a short time. Somewhat later, "civil death" was also abolished.

Question 80: Development of institutions of bourgeois criminal law in England

The English legislation of that time differed by the expressed repressive cruelty. At the beginning XIX century. English laws threatened the death penalty for almost all conceivable and inconceivable crimes (for 240 offenses). Not only murder or robbery was punishable by death, but also animal mutilation, written threats, forest cutting and almost any theft, including penny theft (for example, an item worth one shilling if it was stolen at the market, and 5 shillings - in a house or shop). Favorite punishments were wheeling, quartering, removal of entrails from a living body, etc. England, of course, was no exception, the death penalty.

But besides the death penalty, English criminal law knew two more types of punishment: exile to hard labor and solitary confinement. The criminal laws against political crimes are drawn up in almost the same terms as the Prussian ones; especially the concepts of "incitement to discontent" ... and "rebellious speeches" ... are given in the same indefinite wording that leaves the judge and jury such wide scope. And here the punishments are stricter than in other cases, the reference to hard labor is the main type of punishment. Cruelty to the poor and patronage of the rich is such a general phenomenon in all judicial institutions, practiced so openly, so shamelessly, and described in the newspapers so cynically, that one can rarely read a newspaper without inner indignation.

The death penalty. The transformation of imprisonment into the main type of punishment (together with the spread of exile in the colony) made it possible to raise the question of limiting the death penalty, which the democratic, educational and liberal elements of society in France, England, Italy and other countries have long insisted on.

A consequence of the unreasonable cruelty of criminal laws was that the jury resorted to a verdict of not guilty in order to prevent a senseless execution: out of every five cases, one ended in an acquittal. The reform of criminal law was becoming inevitable, but, as is usual for England, it was carried out gradually.

В 1817 BC the public cross-section of women is canceled, in 1819 BC laws followed that abolished quartering and other exorbitant cruelties; the gradual reduction of the death penalty begins: starting from 1826 BC and 1861 BC the number of offenses punishable by death has been reduced to four.

In an effort to overcome the difficulties caused by the huge mass of various kinds of criminal laws (statutes) that have accumulated over many centuries and are often contradictory, the English legislator took the path of their "consolidation". Some of the old laws were among the repealed, others were recognized or modified. The first stage of consolidation is 1827-1832 Then, in 1861, five laws were issued that reformed English law in the areas of prosecution for theft, damage to property, forgery, counterfeiting, and assault on a person. Consolidating was the law on changes in criminal law 1885 BC and more

Stubbornly refusing any kind of thorough codification of law (publishing codes), the English legislator continued the practice of consolidating in the future: the law 1913 BC on counterfeiting replaced the provisions contained in the 73 previously issued statutes, just like the act 1916 BC - about thefts.

Question 81

French revolution separated the judiciary from the executive. The administrator, the official has ceased to be a judge "in his own case." The provincial judicial chambers "royal parliaments", famous for ignorance, corruption and bloodthirstiness, were liquidated. The purchase of judicial positions is prohibited.

Constitution 1791 adopted the principle of electing judges on the basis of property qualification. She introduced jury trial.

The place of the former feudal plurality of courts and instances was taken by the "three-term system" of judicial organization.

advanced Napoleon, it looked like this:

1) a single justice of the peace;

2) "tribunal of first instance";

3) the court of appeal;

4) cassation court.

French Judicial Organization - with some changes - was perceived by most of the European states considering the judiciary of the bourgeois state of England, it should be noted that the English judicial organization, the main revolutionary measure implemented by the Long Parliament, was, as we have already said, the liquidation of the Star Chamber and the High Commission.

In all other respects, the English Revolution had little or no effect on the centuries-old judicial system. Justices of the peace remained the lowest court. At a certain time, they gathered for sessions that played the role of a second instance. Above the sessions were the so-called Assize Courts: they consisted of traveling judges (assigned to one or another of the chambers of the English High Court) and the required number of jurors.

The Court of King's Bench and General Litigation constituted the two main divisions of the High Court.

First dealt with criminal cases second - civil. Both of these courts served as the highest courts of appeal. But they were not forbidden to accept any business, including the most insignificant, for their production. Special courts, with the exception of military ones, England dont know.

Near reforms high court has been converted. It included: the court of the king's bench as the supreme criminal court of England; a court of justice, presided over by the chancellor; and finally, the Probate, Divorce, and Admiralty Court, where the same judge hears both a divorce case and a marine insurance case.

A remarkable principle of the bourgeois judicial organization of all countries is principle of irremovability of judges. The first official recognition of the irremovability of judges is contained in the petition of the Long Parliament 1640 BC She demanded that judges remain in their seats "as long as they behave well."

Law 1701 G. fixed this principle definitively. From this time on, it is considered that English judges can be removed only after the commission of a crime. But it is not ruled out that "in case of negligent performance of duties" a formal investigation may be initiated with the subsequent dismissal of the judge from office (albeit by decision of Parliament). The rule of irremovability applies to England only on judges of the higher courts and counties. Justices of the peace and their respective irremovability do not enjoy.

In Franceas long as the principle of the election of judges was in effect, irremovability, of course, was not recognized (constitutions of 1791, 1793, 1795). Napoleon Bonaparte introduced a system of five-year preliminary trials, but never confirmed a single judge. IN 1814 BC the irremovability of judges was finally recognized and France, but every new coup proved the opposite Constitution of 1875 bypasses the principle of irremovability of judges by default.

And only in 1883 BC she was legally recognized. The same is stated by the German law 1877 BC

Question 82:

The position of the working class in 1845 BC in bourgeois countries it was catastrophic, in particular in England, the situation of workers is characterized by such conditions as: terrible living conditions in slums and rooming houses, poor nutrition, rags instead of clothes, chronic diseases, general drunkenness, generated by lack of culture, horrendous premature deaths among workers, an unstoppable increase in crime - a direct consequence of the slavish position of the workers, an extreme act of their disrespect for the prevailing social order.

The working day in factories and factories lasted 13-16 hours a day (not including a break for food). The children of workers began their working life at the age of 8-9, living in deprivation, worked for 6,5 hours until they were 13 years old. And this was already an achievement, for before (before 1831) they were forced to work 8, and even earlier - 16 hours a day. By the age of 40, most of the workers were already dying.

The position of the English working class was not exceptional. share Silesian and in general German - workers were no better. In France the working day lasted 12 hours a day. Legislative regulation of the labor of workers did not exist, the strike struggle was prohibited, as well as the organization of trade unions.

Workers went on strike, organized into unions, staged demonstrations in defense of their interests, and at other times erected barricades. Yielding to their growing resistance, the governments of a number of countries, including England, began to move to a policy of partial concessions.

В 1802 BC law "restricted" the working day of seven-year-old children is 12 hours. AT 1833 BC the working day of children under 13 was limited to 8 hours. Teenagers had to work 12 hours a day.

В 1875 BC, after many strikes, lockouts, and lawsuits, trade unions, as already mentioned, received the right to represent workers in court and before entrepreneurs. Parliament allowed the formation of trade unions not only for skilled workers, as was the case before, but for everyone. Criminal penalties for strikes were abolished. Finally in 1906 BC the punishment for "peaceful persuasion" to stop work or not to start it was abolished.

Labor legislation in France begins, as in England, with restrictions on the working hours of children and adolescents. (1841). Revolution 1848 BC gave the workers France 10-11-hour working day, which was already considered an extraordinary success.

Only from 1864 It's time for some relief. The formation of workers' unions is permitted, albeit on a limited basis.

В 1884 BC the hated law was finally abolished Le Chapelier.

After a number of measures to limit the excessive exploitation of children and women, the maximum working day was set at 10 hours. This important law was passed in 1900 BC After 6 years, a mandatory weekly rest was established.

Relatively favorable conditions contributed to the early development of social legislation in Australia и new Zealand. The greatest successes of social legislation occurred in the years preceding the First World War.

Noteworthy are English laws (1900, 1906, 1907), which allowed workers to demand monetary compensation from the entrepreneur in case of accidents, introduced old-age pensions, and since 1911 - sickness benefits; French law 1898 BC, which introduced benefits for disabled people who suffered from an accident, in case of death, etc.; Dutch Act 1910 and English 1911, which legalized, although in a very limited scope, unemployment benefits; Dutch law 1913 BC, which introduced sickness insurance and even cash assistance to women in labor.

Question 83: The beginning of the general crisis of capitalism

The first world war (1914-1918) world crises - economic, national and international - appeared unprecedented force. It aggravated the class struggle between the proletariat and the bourgeoisie with objective inevitability. At one of the turning points of history, in February 1917 "the cart filled with blood and mud of the Romanov monarchy" in Russia was immediately overturned. Following that Great October the socialist revolution overthrew the domination and the capitalists.

World War 1914-1918 и October Revolution usher in a new world historical epoch. The countries of capitalism, the world of capitalism, are entering a period of general crisis. The main content of the era is the ongoing worldwide transition from capitalism to socialism.

Conditioned by the objective laws of social development, the transition from capitalism to socialism cannot take place by itself.

Economic competition with capitalism is the main thing in this struggle: the new economic system, the new mode of production, created by socialist revolutions, is capable of ensuring the flourishing of the productive forces and, on their basis, a standard of living unattainable for capitalism for the people.

The invariable striving of the socialist countries is the prevention of military conflict and the policy of peaceful coexistence with the capitalist countries. Mutually beneficial trade relations, cultural ties, etc. are integral aspects of this policy. At the same time, the peaceful coexistence of states with opposite systems, pointed out Lenin, involves an acute political, economic and ideological struggle between socialism and capitalism, the working class and the bourgeoisie. It has nothing to do with the class world and does not question in the slightest the sacred right of oppressed peoples to use all means in the name of their liberation, including armed struggle.

A firm rebuff to aggression has invariably been combined in our policy with a constructive line towards settling urgent international problems, maintaining normal, and where the situation permits, good relations with states belonging to a different social system. As before, we consistently defended the Leninist principle of the peaceful coexistence of states, regardless of their social system.

The crisis of capitalism developed naturally and went through three stages.

World War I and the October Revolution put start general crisis of capitalism. Considering it first stage, it is necessary to note its main, essential features: the global system of capitalism ceased to exist - the world’s first socialist state appeared; get further deepening of the contradictions between capitalist countries; The instability of the capitalist economy is further intensifying, the struggle between labor and capital is sharply intensifying; the role of communist parties is increasing; bourgeois reaction strives for various kinds of military dictatorial regimes, for fascism; The national liberation struggle develops, and a crisis of the colonial system begins.

The most important thing was and remains the struggle between capitalism and socialism. This sign retains its significance for the second stage of the general crisis of capitalism, which unfolded during the Second World War and the socialist revolutions that took place in a number of countries. Europe and Asia. Now not one country or two, as it was before the Second World War, make up the world of socialism (the USSR and the MPR), but as many as 14 states - a third of humanity.

The most important feature of the third stage of the general crisis of capitalism is that it did not unfold in connection with the world war.

Question 84: November revolution in Germany

On the 1917 in Germany there were all the material prerequisites for the transition, after the overthrow of the monarchy and the elimination of feudal remnants, to the solution of the tasks of the socialist revolution.

Class contradictions escalated as the 1st World War 1914-18, which brought huge profits to the junkers and bourgeoisie and severe hardships to the masses.

Great influence on the rise of the revolutionary movement in Germany provided Great October socialist revolution in of Russia. Has acquired a political character January general strike of 1918, covering over 1 million workers. The workers fought against the imperialist war and the predatory plans of German imperialism against Soviet Russia, for an immediate democratic peace and the overthrow of the Kaiser-imperialist government. During the strike, the workers created Soviets. The revolutionary ferment also engulfed the army. To fall 1918 complete defeat became apparent Germany in the 1st World War. This hastened the maturation of the revolution.

October 7 1918 held a group conference "Spartak" (see "Spartak Union"), at which the program of the people's revolution was adopted. Based on the balance of class forces, the program basically correctly formulated the main national and social task of the revolution: the immediate end of the war, the overthrow of German imperialism as a prerequisite for solving the problems of the socialist revolution.

Under pressure from the revolutionary masses, the government lifted the state of siege, proclaimed freedom of association and amnesty for political prisoners, and established an 8-hour working day. But at the same time it entered into an alliance with the monarchist and reactionary at the head of the army. P. Hindenburg to fight together against the revolution. Relying on the army, which was commanded by cadet-militarist elements, the Council of People's Deputies went on the offensive against the rights that the workers had just won. In the struggle against the revolutionary masses, the reaction relied on the help of the imperialists. USA, UK and France. On November 5, the government Max of Baden expelled from Berlin's Soviet ambassador.

November 11, 1918 a truce was signed between Germany and the Entente (see Compiegne Truce 1918).

By its terms Germany kept her army. Government Ebert-Scheidemann voluntarily undertook to leave the German occupation troops in Ukraine and the Baltic states until the troops arrived there The Entente. Thus, the Social Democratic government continued the anti-Soviet course of the Kaiser's policy - a policy that contradicted the fundamental national interests of the German people. In an effort to prevent the expropriation of capitalist property, the government launched widespread propaganda for the so-called. socialization and created, together with the owners of the concerns and the trade union leadership, the Socialization Commission (led by K. Kautsky), whose activities were reduced to demagogic maneuvers.

Ebert-Scheidemann government went over to an open attack on the working class. AT night from 23 to 24 December 1918 government troops attacked a revolutionary naval division in Berlin. With the help of armed workers, the sailors repulsed this action by the counter-revolutionary forces and were ready to launch a counteroffensive, but the leaders "independent" tore it off. AT January 1919 the bourgeoisie provoked the proletariat into premature action and used its unpreparedness to crush the revolutionary movement. On January 15, the leaders of the revolution were brutally murdered K. Liebknecht и R. Luxembourg. Accepted July 31, 1919 Constituent Assembly Weimar Constitution of 1919 consolidated the establishment of a bourgeois republic.

Question 85

November Revolution of 1918 in Germany, a revolution that resulted in the overthrow of the monarchy and the establishment of a bourgeois-parliamentary republic.

Before the November Revolution Germany was one of the most developed capitalist countries. Trusts and cartels played a decisive role in its economic life. Agriculture was dominated by large Junker landownership, which was reorganized on a capitalist basis, but still retained significant vestiges of feudalism.

November Revolution was bourgeois-democratic. So was the Weimar constitution. No matter how bad things were in practice, the very recognition of freedom of parties and organizations, freedom of speech and the press, "the right to work" and "labor protection" had a certain significance, testified to the new position that the struggling proletariat began to win for itself in world history. . Among the undoubted achievements of the German working class should be the legislative consolidation of the 8-hour working day, as well as the right to conclude collective agreements and the introduction of unemployment benefits, and finally, the legislative recognition of women's suffrage.

Revolution 1918 BC liquidated the German monarchy, but, as before, the domination of the capitalists and junkers remained. The difference was in one thing: before the revolution, the leading position in the state belonged to the landowning junkers, after the revolution it passed to the industrialists and financiers.

Despite its bourgeois-democratic character, the revolution 1918 BC в Germany It was carried out to a certain extent by proletarian means and methods, as evidenced first of all by the German Soviets, powerful strikes, the armed struggle of the workers against the counter-revolution, and the formation of the Bavarian Soviet Republic.

In the beginning of March 1919 BC the Berlin proletariat reappeared. In mid-April, an uprising in Munich led to the formation Bavarian Soviet Republic.

The government of the republic was composed of representatives of the Communist Party and Social Democrats - "independents". Communist head of government Evgeny Levine.

Bavarian Soviet the government decreed the nationalization of banks and the confiscation of deposits, workers' control of production, the arming of the proletariat and the organization Red Army.

The Republic did not last long 1 May 1919 volunteer detachments of social democrats, "blood dog" Noske broke into Munich and, having broken the resistance of the workers, liquidated Soviet power in Bavaria.

Were there objective prerequisites for the German bourgeois-democratic revolution to develop into a socialist revolution? Yes, such objective prerequisites undoubtedly existed. To realize these prerequisites and create a revolutionary movement and the revolution as a whole, the main thing was missing: that a truly revolutionary party be at the head of the working class. The Communist Party of Germany was just such, but it arose after the leadership of the revolution was seized by the reformists.

Peace of Versailles. In June 1919 Germany was to sign the Treaty of Versailles. She returned France Alsace and Lorraine, she had to concede in favor of her imperialist rivals of the colony. The treaty forbade Germany to have an army exceeding one hundred thousand soldiers.

Germany had to pay colossal reparations in gold, goods, securities.

Thus, the November revolution in Germany became a means of achieving certain benefits for the working people, which was enshrined at the legislative level.

Question 86. The socialist revolution of 1919 in Hungary. Formation of the Hungarian Soviet Republic

Opening this issue, it must be said that the socialist revolution 1919 BC Hungary responded very violently to the victory of Soviet power in Russia. First half 1918 BC took place in an atmosphere of incessant strikes and demonstrations, the slogan of which was "follow the example of the Russians".

Great general strike October 31, 1918 turned into a revolution, at the first stage - bourgeois-democratic. The government that came to power October 31, 1918, was composed of representatives of the bourgeois-landowner parties. Several ministerial posts were given to Social Democrats. Opposing social and political reforms, including agrarian reform, the government Caroli should have nevertheless gone for the proclamation of Hungary as a republic and the abolition of the constitution 1867 (November 16, 1918).

The struggle to transform the bourgeois-democratic revolution into a socialist revolution was led by the Communist Party of Hungary.

К March 1919 The Communist Party has become the decisive force in the country. The vast majority of workers and soldiers were on its side. Objective conditions were created for the socialist revolution.

Frightened by the threat of an armed uprising and occupation, in an atmosphere of political and economic collapse, the leaders of the Hungarian Social Democracy, not without serious hesitation, decided to create a single socialist government based on a bloc of Social Democrats and Communists. The agreement between the parties took place in the Budapest transit prison, where the leaders of the Communist Party were imprisoned.

It was decided that the two parties would unite on the basis of a platform, the party immediately takes political power into its hands and proclaims the dictatorship of the proletariat in Hungary. The bourgeoisie will be disarmed, its state apparatus will be liquidated. The Red Army will be created immediately. The Soviet government will enter into a fraternal alliance with the government of Soviet Russia.

Government Caroli retired.

March 21, 1919 his place was taken by the Revolutionary Government Council of the Hungarian Soviet Republic. The socialist revolution has taken place.

The first measure Soviet government of Hungary was the armament of the proletariat. On a volunteer basis, the Red Army was created to fight the counter-revolution and the Red Guard (police). The old courts were replaced by revolutionary tribunals.

By subsequent decrees (March 27 and 28) industry and banks were nationalized. Enterprises employing more than 20 workers became state property. The management of the nationalized enterprises passed into the hands of the production commissars, who acted under the control of the factory committees.

The transfer of power into the hands of the working people, the revolutionary decrees of the new government, the policy of building socialism received the highest sanction in decisions Hungarian Congress of Soviets (June 1919). Constitution adopted by the congress Hungarian socialist federal Soviet republic was built on the model Constitution of the RSFSR of 1918

The supreme power was entrusted All-Hungarian Congress of Soviets, and in the intervals between congresses Central Executive Committee (CEC), elected at the congress. Government of Hungary - Council of People's Commissars - appointed by the Central Election Commission.

The Hungarian Soviet Republic lasted until August 1, 1919 (133 days). The superior forces of the counter-revolution broke the resistance of the Hungarian Red Army.

After many months of counter-revolutionary terror in Hungary the monarchy was restored.

Question 87: Formation of an independent Polish state

The Polish people gained independence as a result October revolution since the third section Poland (late XNUMXth century) its territory was under the control Russia, Prussia and Austria.

The Soviet government issued decree on the destruction of unjust international treaties of Russia section Poland, which meant the recognition of the rights of the Polish people to an independent state existence (29 August 1918). Article 3 of the decree read: “All agreements and acts concluded by the government of the Russian Empire with the governments of the kingdom Prussian and Austro-Hungarian Empireregarding sections Poland, in view of their contradiction to the principle of self-determination of nations and the revolutionary legal consciousness of the Russian people, which recognized the Polish people’s inalienable right to independence and unity, are hereby canceled irrevocably.”

В December 1918 social democratic party Poland and Lithuania, united with Polish Socialist Party (Lewica), created the Communist Workers' Party Poland. In her address to the proletariat, she called on them to stand under the banner of the struggle for social revolution.

Counter-revolutionary terror was combined with deceitful, demagogic reforms, among which the central place belonged to the land.

Poland was a backward semi-feudal country. In the hands of a few large landowners (0,6% of the total number of farms) there was about half of all land (more than 700 hectares per farm). The reform did not give land to the peasant. The little that was alienated from the landlords went to politicians, officials, speculators, to those who had money to buy land. Ukrainian and Belarusian peasants who lived in the territories that were then part of Poland were robbed in favor of the Polish military and civilian siegemen, who served as the backbone of the reactionary government.

Convened in a climate of persecution of democracy, the Constituent Sejm (1919) adopted the first Polish constitution (1921).

Constitution of 1921 based on the so-called separation of powers (art. 2), proclaimed the predominance of the legislative power over the executive (art. 3-9), established the independence of judges (art. 2). The legislative bodies of the Polish "democratic republic" were the Sejm and the Senate, elected by universal, equal and secret suffrage. Active suffrage was given ("without distinction of sex") upon reaching the age of 21 (Art. 12), the right to be elected - starting from 25 years (Art. 13). The Constitution recognized in principle a proportional voting system and a corresponding distribution of seats (Article 11).

Bills passed by the Sejm needed the approval of the Senate, which had the right of suspensive veto. The second vote of the bill in the Sejm was considered "successful" only if the bill collected a qualified majority of votes (Article 35).

The executive power was handed over to the president and the government (council of ministers). Possessing the right to conduct foreign relations, appoint a cabinet of ministers, issue decrees, etc., the president at the same time had to have the sanction of the Sejm to conclude the most important international treaties, to declare war and conclude peace (Articles 49-50), he could not command army during the war. The government was primarily responsible to the Sejm.

Constitution contained a list of democratic freedoms, recognized the equality of nationalities in words, declared labor to be the main basis of the wealth of the republic, legalized certain social reforms, and free education.

All this taken together allows us to talk about the Polish constitution. 1921 BC as a bourgeois-democratic.

Question 88: Formation of the Czechoslovak Republic

As in independent education Polish states at the formation of the Czechoslovak Republic October revolution played a certain role in the national liberation movement, which led to the collapse of the reactionary Austro-Hungarian monarchy, and through this - to the formation Czechoslovakia and Yugoslavia.

Proclamation of the Czechoslovak Republic Took place October 14, 1918 at mass proletarian rallies in Prague and other cities. At the same time, Soviets of Workers' Deputies began to emerge.

Events 14 October intensified the activities of the bourgeois parties. Two weeks later 28 October, the political center of the Czech bourgeoisie - the National Committee - declared itself the temporary bearer of power.

Austrian administration handed over her functions to him without resistance. Created by conspiracy of bourgeois parties Provisional National Assembly (November 1918) overthrew the monarchy Habsburg.

The assembly elected a president (Massarika), created a provisional government (Kramarza).

Following the policy of "carrot and stick", the new government of Czechoslovakia passes laws on the 8-hour working day, universal suffrage in local government elections, and state social insurance. Yielding to the demands of the peasants, the government prepares a law on agrarian reform (1919), according to which surplus arable land (against the established maximum) was subject to redemption and distribution among land-poor peasants.

К 1927 BCWhen the reform was completed, it turned out that the peasants received less land from it than they lost as a result of seizures for non-payment of taxes and other debts.

Moderate as all these reforms were, they were the result of the powerful world impact that October Socialist Revolution.

At the same time, a repressive apparatus was hastily created: the army, the police, and armed detachments. With their help, the government crushed the grandiose December general strike. 1920 BC, covering more than a million workers.

The failure of the December strike and the entire experience of the revolutionary movement 1918-1920 clearly revealed that without a truly revolutionary party it is impossible to fight the bourgeois state.

Bourgeois social and state system Czechoslovakia was enshrined in the constitution 1920 BC From the moment of its birth until its abolition, it was considered one of the most “democratic” in the bourgeois Europe.

The constitution proclaimed Czechoslovakia democratic republic with an elected president. Legislative power was entrusted to the National Assembly, which consisted of two chambers: the lower - the House of Representatives - was elected for 6 years, the upper - the Senate - for 8 years. Elections to the National Assembly were held by direct and secret ballot; seats in the chambers were distributed according to the proportional system. The deputies were required, among other things, a high age limit - 30 years for a deputy of the lower house and 45 years for a senator.

The Senate had the right to delay the consideration of bills adopted by the lower house for 6 weeks, as well as the right to reject bills. In the latter case, the lower house could save the bill with a new vote, or in some cases only by a supermajority.

The constitution fixed numerous "rights of citizens", but stipulated the use of them by a number of conditions; democratic freedoms were abolished "in the event of war or when events occur within the state that pose a threat to public peace and order."

Forcibly attached to Czechoslovakia Transcarpathian Ukraine managed by a designated Prague governor.

Question 89: Formation of independent Yugoslavia

Defeat of Austria-Hungary contributed to the goals of the national liberation of its Yugoslav regions. This struggle intertwined with the peasant struggle for land. In some areas comes to education "red republics", "peasant republics", expulsion of landowners, unauthorized distribution of land.

At the end of October 1918 uprisings engulfed the army. AT Poole emerged Sailor's Council.

29 October 1918 Croatian Parliament decreed the separation of the Yugoslav lands from Austria-Hungary and the formation of an independent state of Slovenes, Croats and Serbs.

At the end of November 1918 decision to merge with Serbia is accepted Assemblies of Montenegro и Vojvodina.

December 1, 1918 Serbian Prince Regent Alexander Kara-Georgievich, based on the petition of the Zagreb Council, announced the formation of a single "Kingdom of Serbs, Croats and Slovenes" - the future Yugoslavia (since 1929).

The new state was formed from Serbia и Montenegro, which were previously independent states, and also liberated from the power Habsburgs of Croatia, Slovenia, Bosnia, Herzegovina and Vojvodina. Population Yugoslavia was at that time about 12 million people.

Provisional parliament (assembly), as well as the provisional government Yugoslavia, were drawn up on the basis of an agreement between the bourgeois parties. Several posts in the government received "social democrats". As one would expect, Serbian bourgeois parties began to play a leading role in the new state.

Croats и slovenians found themselves in an unequal position with the Serbs.

In April 1919 BC there Communist Party of Yugoslavia. In the ranks of the newly formed party, there were 60 thousand people. Under the influence of the Communist Party were workers' trade unions (more than 300 thousand people), youth and women's organizations. Hundreds of thousands of voters voted for the party in municipal elections and later elections to the Constituent Assembly.

Reluctantly, the monarchy and the "coalition government" were to go for the introduction 8 hour working day, anti-feudal and yet very limited in their results agrarian reform, municipal elections.

In 1921 the Constituent Assembly is gathering, with which the bourgeois political parties pinned their hopes for the termination of the interim regime, and at the same time for political stabilization. Serbian bourgeois parties predominated in the Assembly. The Communist Party, having received 58 mandates, came in third place. The votes of the Serbian parties and the bribed Bosnian landowners dragged through the constitution of the kingdom, called Vidovdanskaya.

Югославия declared a parliamentary monarchy. Legislative power was given to the Assembly, elected by men over the age of 21, and to the king, and executive power to the king.

Vidovdan constitution legitimized the new administrative division, not taking into account the historically established national regions.

The constitution contains a list of the rights and freedoms of citizens, but everything possible was done to ensure that these freedoms did not become.

The constitution indicated to the following persons responsible for "crimes of the press": author, editor, printer, owner, distributor (item 13). It was said about property that “it imposes obligations and its use should not harm the interests of society.”

Vidovdan constitution was reactionary in content, demagogic in form. But she did not suit the monarchy. AT 1929 BC King Alexander launches a military coup. The Royal Manifesto declares the rejection of any form of parliamentary regime; new "legislative elections" rejected: it's "would mean wasting precious time on futile attempts.".

Question 90. Reforms in capitalist countries. Labor and social insurance laws

Socialist revolution in Russia, November revolution in Germany, socialist revolution in Hungary etc. forced the bourgeois governments to reforms aimed at weakening the pressure of the working class. It's time for change. It matches with the end of the war of 1914-1918., but every time we see that one or another of the changes is preceded by a Soviet decree corresponding in content, a decree of the victorious October revolution.

October 29, 1917 The Soviet government decides to introduce 8 hour worker days, the first among many acts of labor law Soviet Russia.

In 1918 The first Soviet code of labor laws is published.

Under this influence, 1918 BC The 48-hour work week is recognized by law Germany, Poland, Luxembourg, Czechoslovakia, Austria; in 1919 - Yugoslavia, Denmark, Spain, France, Portugal, Switzerland, Sweden, Holland, Belgium, Italy. Government England refrained from issuing a general law on working time, however, it also had to agree to the introduction of a 7-hour working day for miners and an 8-hour one for railway workers. To 1920 BC collective agreements did what the law did: the 48-hour week became a fact in England. It replaced 55-51 hours of work in the pre-war period (depending on industries). In France 8 hours came to replace 11-10-9 hours of daily work. In The United Stateswhere any attempt to improve was frustrated by the reactionary opposition of the administration and the courts, about half of the industrial workers (48,6%) secured a 48-hour work week for themselves.

Dutch law 1919 prohibits the work of children under 14 years of age, restricts the work of women and adolescents in unhealthy enterprises, establishes that adolescents under 18 years of age should not work on Sundays.

Austrian law 1920 grants workers a week's annual leave, Czechoslovak laws on juvenile labor and holidays are enacted in 1919-1921, English laws on female and juvenile labor - in 1921 etc.

Reforms of social insurance. Pensions for old age, sickness, disability, and in some places even unemployment were known to some European countries (very few) even before 1918 BC

The war, of course, caused an increase in expenditures under the relevant items, and yet there is a picture that is not without interest: the revision of all this legislation for the better.

In England, which significantly changed social security laws 1911 and 1913 (Unemployment Benefits Act 1920; Acts 1921, 1925); for example Holland, which is ahead of many developed capitalist countries in terms of social legislation - laws 1910-1913 were revised here in 1917-1919. (Law 1919 for the Provision of Disabled Persons, 1919 BC - on social security in old age, etc.); For example Austria (laws 1919-1920). In Francedespite the law 1898 BC, which provided for some benefits for victims of accidents, etc., the government and parliament considered it necessary (immediately after the end of the war) to appoint a commission to develop a new law on social security (its draft was submitted already in 1921), but it was veiled to the satisfaction of both houses before 1928

In addition to the countries listed above, a new phase of social legislation was Germany. November Revolution of 1918 and the events that followed it are quite sufficient to understand the reasons for the sudden liberalization of the German ruling classes.

Question 91. Reforms in capitalist countries. Trade unions and collective agreements

The beginning of the mass trade union movement in most bourgeois countries it was necessary to 1918 BC and in the first following years, despite the fact that trade unions existed before the first world war.

Organizers Versailles Peace had to include in the contract articles relating to international agreements on the regulation of working conditions, was a significant event. No less important was the fact that trade union leaders were involved in the relevant consultations. This was a kind of recognition of the trade unions, the legitimacy of their participation in the development of laws relating to working conditions. Whether it will become effective enough is another question, and most often the answer to it will be negative. However, not so much as to deny the usefulness of the very fact of the government's consultations with the trade unions.

RџSЂRё League of Nations is created ILO - International Labor Organization (1919).

There were changes in some other respects as well. New, revolutionary trade unions and trade union centers arose. Among them should be included formed in 1918 BC U.S. steel workers' union that initiated a commemorative strike 1919 BC It should also be noted that the formation of a single leading center of the British trade unions (1919) and the Unitarian General Confederation of Labor in France (1921), which opposed reformist CGT.

"In the development of the international working-class movement," says L. I. Brezhnev, - the power of example that socialism gives rise to has always played a big role. After all, it is a fact that the achievements of the Soviet government in the field of social security and protection of workers' rights became an inspiring incentive for workers abroad in their class struggle against exploitation and capitalist oppression."

The first post-revolutionary years brought with them other innovations: although in relatively few cases, parliaments and governments began to allow the establishment of minimum wage rates, recognized collective agreements, agreed with the existence of workers' councils in enterprises. In this regard, one cannot fail to mention the well-known "business cooperation agreement" concluded by German trade unions with German entrepreneurs. in November 1918 No matter how one evaluates this agreement as a whole (the trade unions undertook to refrain from strikes in exchange for concessions), the employers' refusal to reduce wages, their obligation to pay unemployment benefits, and finally the recognition of collective agreements with the trade unions testified to the inability of the ruling classes Germany act the old way. Tariff agreements were Germany not uncommon even before the First World War, but only with 1918 BC they have become more or less common.

For many capitalist countries, the legislative recognition of collective agreements was a direct result of revolutionary situation of 1918-1920. Such is, for example, France (law 25 March 1919). And even in The United States, which were an example of resistance to the idea of social reforms, the first collective agreement (between dockers and shipowners) was signed all in the same 1919 BC

The post-revolutionary years were also a kind of frontier for the legal science of the bourgeois countries of the world. Before 1918 BC lawyers had difficulty accepting the idea of a collective agreement, and if they did, they attributed the relevant relations to private law.

Legislative recognition, and even more so the regulation of collective agreements, was out of the question. And only with 1919 BC collective agreements began to be passed off as "the greatest achievement", as "an instrument of agreement between classes", etc.

Question 92: Formation of communist parties

The consequence of the post-October revolutionary upsurge and the direct impact of the October Revolution was the creation of communist parties, which was one of the most important outcomes of the revolutionary wave of that period.

Until that time, the leadership of the workers' movement was for the most part in the hands of parties led by leaders of the right or covertly center orientation. During the First World War, they took a national-chauvinist position, that is, they promoted the policy of "war until victory."

В 1918 BC formed, as we have already said, communist parties in Germany and Poland.

В 1919 BC the communist party arises Yugoslavia; Bulgarian "Tesnyaki" take the name of the Communists, a Communist Party is created in The United States.

В 1920 BC at the Congress of the Socialist Party in

Toure By a majority of votes, a resolution was adopted to join the Communist International. This is how the Communist Party was founded. France.

In the same 1920 BC the communist party is formed in England, a communist group is formed within the socialist party Italy. A year later, it will separate itself into the Communist Party.

1921 BC the communist party is formed Czechoslovakia, Communist Party of China, Communist Party of Brazil. The year before, the revolutionary Marxists of Indonesia gather in the Communist Party.

The formation of the parties of the working class, parties of a new type, was by no means smooth. The remnants of the reformist past had an effect, and in contrast to it, the mistakes of the "left" character, which V.I. Lenin called "the childhood disease of the 'leftism' in communism." The allegedly left-wing revolutionary spirit was expressed in theories that denied compromises with bourgeois or socialist parties and movements, in refusing to work in reactionary trade unions, in striving to lead the proletariat away from the struggle for parliament and presence in parliament as an apposition movement representing the interests of workers.

The new parties of the working class united in the Communist International.

The conference of communist parties held in March of the same year decided to be constituted as a congress of the international: 52 delegates from 30 countries of the world were present.

The decisions of the congresses of the Comintern were of paramount importance for the development of the party's tactical line, for their Bolshevization. In this regard, we point out decision of the 3rd Congress (1921), who condemned the supporters of the deeply erroneous “offensive theory”, who insisted that communists must go into battle always and everywhere, without caring whether the masses follow them or not; on decisions 4 Congresses of the Comintern (1922) about the tactics of a united workers' front, about unity of action with the lower classes of the socialist parties, about the possibility of reaching an agreement with the leaders of these parties, about the fact that in a certain historical situation it is possible to form a workers' and peasants' government with the participation of communists and representatives of other workers' and peasants' parties.

Bourgeois governments were well aware of the difference between communist parties and reformist ones. They were not slow to turn against the Communists all those persecutions that were possible - legal and illegal.

Despite this, the world communist movement grew and grew stronger. By 1935, when the 7th Congress of the Comintern met, there were 60 communist parties in the world. They united 800 thousand people, and with the CPSU (b) - more than three million.

Thus, the most important and most significant result of the October Revolution in the revolutionary upsurge is the formation of the communist movement and parties practically all over the world.

Author: Selyanin A.V.

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The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive

Married women look younger 22.10.2016

Scientists from Denmark managed to find out why women consider marriage as one of the main goals in their lives. It turned out that being married, women retain their usual beauty and youth.

It is reported that the specialists conducted a special experiment, for the participation of which twin sisters were invited. One of the sisters was married, the other was in active search. In the course of the experiment, scientists recorded an interesting feature. The fact is that the married woman looked much younger than her sister. At the same time, experts emphasize that the married woman did not have children.

Experts explain that a married woman feels calmer and more confident than a single person. Accordingly, this is reflected in the appearance. Meanwhile, the appearance of children radically changes the appearance of a woman. The result of this is a lot of additional worries and sleepless nights. In this case, the palm belongs to single and childless ladies who have more free time to look after themselves.

At the same time, scientists remind that human genes are 60% responsible for the aging process, but the remaining 40% fall on lifestyle. Calmness and nervousness, lack of stress and depression, confidence in tomorrow and eternal worries about daily bread - all this is reflected in beauty and health.

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