39. The legal status of peasants in Russia during the period of absolute monarchy

The beginning of education institution of serfdom noticeable in the XNUMXth century, but during the period of the Empire it changes significantly:

1) becomes a private dependency (rather than a public institution);

2) absorbs the former servility.

The legal status of serfs in this period:

1) the division of peasants into state-owned and privately owned;

2) restriction of the rights of both these categories.

Practically powerless (in property terms) position both state-owned and privately owned peasants expressed as follows: in 1730 they were forbidden to acquire real estate in cities and counties, in 1731 the peasants were forbidden to enter into contracts and farming, in 1761 - to be bound by bills and enter into guarantees. Only petty debt obligations and ownership of movable property were permitted.

Differences in the situation between state and privately owned peasants consisted in the amount of personal rights. In the system of relations between the landowner and his serfs, a fairly large number of elements of the former serfdom were preserved (for example, the right to dispose of the peasants - sale and exchange). Peter I, who at first condemned such a practice, himself allowed (by decree of October 29, 1720) sale of serfs for recruits.

allowed right of economic use of serfs (dimensions of the barshchina). With regard to his serfs, the owner had the majority property rights. Consequently, the landowner could transfer the peasant to other persons (under a lease contract for land and personally when transferring individual peasants for temporary use). Only the transfer of peasants to persons who did not have the right to own serfs was prohibited.

With the permission of the authorities (chamber board, then - Zemstvo court), the landowner could move their peasants from one land to another. In addition, privately owned peasants, unlike state-owned peasants, did not have any property rights at all: all their property was considered the property of the landowner.

Peasants entered into marriages only with the permission of the landowner.

An attempt to legally limit the intervention of the landowner in the family relations of serfs, in particular the law of 1724, had no consequences.

The right of trial and punishment (with the exception of the death penalty) was not regulated by law at all. Then by decree of 1765 landowners were given the right links of peasants to hard labor (in 1807 this right was abolished), sent to penitentiary houses and prison companies, sent to a settlement in Siberia (in which the government, which pursued a policy of colonization of Siberia, was also interested).

The departure of a peasant to the army only temporarily freed him from serfdom; upon his return, the landowner could claim him back (decree of 1764). Children born to a soldier father during his service belonged to the military department.

In this way, sources of serfdom were: marriage, enslaving loan agreement with a foreigner, purchase of foreigners and foreigners of Asian origin, hiring in service ("housekeeping"), captivity, committing a crime. All these sources were associated with the emergence of servile dependence and then moved into the area of ​​serf relations.

The main source of growth in the mass of serfs people began to grant state populated lands to private individuals (distributions), actively carried out until 1801. Police measures to prohibit vagrancy prevented the transition of peasants from one owner to another.

Authors: Dudkina L.V., Shcherbakova O.V.

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