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

Free technical library

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

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

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents

1. Subject, tasks and method of the history of the state and law of Russia

History of the state and law of Russia is one of the legal sciences.

Law science is a set of ways of knowing and defining law, its sources and principles.

History of domestic state and law is an independent historical and legal science that studies the process and causes of the emergence of the Russian state, its development at all historical stages, the political system, state structure and legal norms that characterize the legal and state system of the Russian state.

The independence of the science of the history of the state and law of Russia is associated with:

1) an independent subject;

2) specific methods of studying the subject of the history of the state and law of Russia.

The subject of study of the history of the state and law of Russia - a set of historical principles of law, the legal, state and political system of the Russian state at various historical stages.

Methods of national history of state and law is a set of techniques and methods by which the subject of a given industry is studied.

Methods are divided into 2 groups.

1. General scientific methods:

1) deductive (means that the study of law is carried out with the help of logical operations from the general to the particular, i.e., on the basis of general historical processes, particular prerequisites and phenomena occurring in law are determined);

2) inductive (i.e., the derivation of general patterns in law by comparing various kinds of particular facts);

3) exegesis (the study of law based on the interpretation of its historical sources).

2. Special Methods:

1) historical comparative analysis (i.e., with the help of a general analysis of the ideas of law, law and its development at individual historical stages are studied);

2) systematic method (the study of the history of the state and law in this method is based on the division of this science into internal, that is, the history of the development and formation of legal norms and institutions, and external, that is, the history of sources of law or power structures);

3) periodization (that is, the state and law are studied by dividing history into separate time periods in order to most fully present the material or highlight the formational features of the state of the institutions of law and the state in one or another period of time of their existence).

Tasks of the history of the state and law of Russia is the study of the historical development of Russian law with the help of the entire system of methods and techniques of scientific research.

Implementation of tasks history of state and law is carried out on the basis of research:

1) historical sources of law (all possible sources of law published in different historical periods or not published, but containing the necessary information);

2) legislative monuments (actually published official codes, laws, etc.);

3) historical legal documents (contracts, documents on current office work, population censuses, etc.). The study of the above sources of the history of the state and law of Russia should be carried out taking into account the economy and other social phenomena in the life of Russia, the laws of development of law.

2. Domestic school of law. Periodization of the national history of state and law

The Russian school of law identifies various reasons for the emergence of the Russian state, periods of historical development, etc. It is based on formational approach to the development of history and the state, put forward K. Marx.

Periodization of the history of state and law is a specific method of studying the subject of this science.

Factors introduction of periodization of the history of the state and law of Russia:

1) features of the development of the socio-economic Russian society at a particular stage (level of economic and technical development);

2) features of state development (state-legal forms, facts and phenomena).

Periodization Criteria:

1) the form of government;

2) form of government;

3) legal system.

Periods.

1. Slave type of state and law characterized by the presence of a class of slaves and a class of slave owners; this historical type is represented by the ancient Bosporan kingdom, Khazaria and Volga Bulgaria, etc.

2. Feudal historical type of state and law developed in Ancient Russia and is characterized by the further disintegration of the Old Russian state into independent feudal states and the beginning of the formation of serfdom of the peasants.

3. Formation of the Russian (Moscow) centralized state. At this historical stage, the Russian state proper is being formed, the processes of unification of fragmented feudal states into a single one are taking place.

4. Mid-16th to mid-17th centuries. - period estate-representative monarchy. The greatest state and legal reforms of this period are associated with the rule Ivan IV, the accession of new territories to the Russian state.

5. Second half of the XNUMXth-XNUMXth centuries - the period of the formation of an absolute monarchy. It is characterized by a significant increase in autocracy in Russia, which is mainly associated with the names Peter I и Catherine IIwho, with their reforms, not only united all power in the hands of the sovereign, but also significantly weakened the influence of the church on social relations.

6. The period of formation of bourgeois-capitalist relations in Russia began with the peasant reform of 1861. It is characterized by reforms Aleksandra II: judicial, military, zemstvo, urban, etc.

7. Beginning of XX century. - period of trying to become constitutional monarchy. It was marked by the spread of the political ideas of the Great Bourgeois Revolution in the noble circles of Russia, the creation of the first State Duma.

8. The fall of the feudal type of state and law in Russia - February bourgeois-democratic revolution.

9. October 1917 - The Great October Socialist Revolution. It gave rise to a new type of state and law - the socialist type, which in turn is divided into periods:

1) socialist revolution and the creation of the Soviet state;

2) transition period or NEP period;

3) the period of state-party socialism;

4) the period of the crisis of socialism.

10. The modern period of the development of a democratic state and the formation of the state and law of the Russian Federation. Its beginning is associated with the collapse of the USSR and the adoption on December 12, 1993 of the current Constitution of the Russian Federation.

3. The emergence of statehood among the Slavs. Formation of the ancient Russian state. Theories of the origin of the ancient Russian state

В IX century. on the territory of modern Russia were located first states:

1) Kuyavia - on the territory of Kyiv;

2) Slavia - on the territory of Novgorod;

3) Arseny Its location is unknown to historians.

The statehood of the Russians was formed under the influence of Khazar Khaganate. The Khazars were not Christians, but they were religiously tolerant, which contributed to the formation of an independent state. However, armed clashes constantly occurred with the Khazars, since in the VIII-IX centuries. Khazaria successfully traded in the slave market, most of which were captive Eastern Slavs.

Khazaria, being a state of the eastern warehouse, largely determined the cultural development of the Russian state not only as a multinational, but primarily as combining the features of the European legal system and the features of eastern influence.

The development of the statehood of the tribes of the Eastern Slavs was greatly influenced by the Asian peoples of the Turkic-Tatar tribe: the Pechenegs, Torks (Turks), Polovtsy, and already in the XNUMXth century. - Tatars who settled in the southern areas.

The way of life of the Slavs - sedentary.

Life - neighborhood community.

The main occupation - agriculture.

Signs of the formation of Kievan Rus as a state:

1) the transition from a tribal community to a territorial and neighboring one;

2) the presence of power of some persons over others, the formation of a power apparatus;

3) the introduction of taxes to maintain the state mechanism.

The main reason for the emergence of the Kievan state scientists call the throwing of the yoke of the Normans from the Novgorod lands in the middle of the XNUMXth century. There was a need to protect the territory by the armed forces, which means that there was a need for a state apparatus. Unrest over constant external invasions continued, so a group of residents went to the Varangians (Rusichs), from among whom a ruler (prince, governor) was elected on the Russian lands. Thus, in Novgorod began to reign Rurik, for the first time statehood officially took shape on the territory of modern Russia.

The only ruler in Novgorod was one of the three Rurik brothers, who after his death left a minor heir - Igor. Instead of a minor heir (in those years there was no mandatory transfer of power by blood inheritance), Oleg, nicknamed the Prophet, became the ruler.

Prophetic Oleg in 882 he went on a campaign and captured Kyiv, as well as other lands on the way "from the Varangians to the Greeks" - a single territory of Russia was formed. Oleg annexed many more territories to Russia through the capture or peaceful annexation of neighboring lands. He also moved the capital to Kyiv, thanks to which Russia was called Kievan, and all the princes - "great Kievan."

The Russian state finally took shape - Kievan Rus.

Normanism and anti-Normanism - these are two theories of the formation of the Kyiv state. The author of the first version is Byronwho drew his conclusions from the manuscripts he read. The author of the second version is Lomonosov.

Both theories agree that Kievan Rus was formed from the reign of the Ruriks, but their points of view differ in determining the nationality of the Ruriks:

1) Normanism defends the point of view that Rurik is Norman by origin;

2) anti-Normanism is of the opinion that the Ruriks are not Normans.

4. Sources of law of the ancient Russian state

Sources of law are an official document or a document of a different form containing the rules of law at a particular historical stage or generally not documented rules of law.

Sources of law of the Old Russian state - sources of law that existed during the formation and development of the Old Russian state.

Types of such sources of law.

1. Custom. It existed and was used until 1917 on the territory of the Russian state, but only for the peasantry.

2. Written monuments of law. They relied in their provisions on customary law, which only through them received official recognition:

1) First Russian True (belongs to the type of barbarian truths, i.e., such laws that were adopted at the initial stage of the existence of the peoples who conquered the Roman Empire; such collections of legal norms were of the same type, since they all contained customary law, were not structured and systematized; they contained norms of procedural (formal) law, forms of establishment of law and sanctions for offenses);

2) Russian Pravda 1016-1019 and Truth of the Yaroslavichs (they belong to collections of canon law and represent already more structured and systematized sources of ancient Russian law, mainly devoted to criminal and criminal procedure law in Russia of that period);

3) Stoglav 1551 (it is already characterized by a more complete scope of legal norms not only of a criminal and criminal procedural nature, but also of all other spheres of public life: family relations, civil, etc.);

4) Pskov and Novgorod judicial charters of the XIV-XV centuries. (adopted on the basis of Russian Pravda, but represented by a much wider range of norms; these norms reflected the transition to a unified Moscow state).

3. Interstate treaties:

1) treaties of northern Russian tribes - are characterized by archaism, i.e., their norms are not assigned to any particular branch of law, but at the same time they are more systematized than barbaric truths;

2) treaties between Russians and Greeks - are the most ancient source, they were based on Byzantine law, which in many respects had the features of Roman law, therefore, the structure of these treaties was similar to the modern one: preamble, main part and conclusion; these treaties established the equal right of subjectivity of Russia and Byzantium, regulated the procedure for extraditing criminals to each other, the procedure for trading with each other, formalized relations between Byzantium and Russia;

3) treaties between Russians and Germans in the 12th-13th centuries. (they established a trade alliance with German cities, which assumed that the representative of Rus' and the Germans should each sue according to their own right);

4. Church charters. The church during the period of the ancient Russian state had a significant influence on the entire system of government and law, these charters fixed the tithe (tax of the church), the competence of church courts, which in those years were the only ones in family and hereditary relations.

5. Acts of legal life, i.e., contracts, letters, etc., have come down to us poorly. Interprincely ranks (contracts) - about marriage, purchase and sale, deeds of gift.

6. Legal proverbs and sayings. Their historical significance for researchers lies in the fact that they testify to how the population perceived law and the state system.

5. The political system of the ancient Russian state. Territorial structure of Kievan Rus. Legal status of the population of Rus'

Kievan Rus is an early feudal state. Estates, classes, forms of ownership, etc., have not yet been sufficiently formed in it. At the same time, Kievan Rus already has the first features of statehood listed above, which distinguished it from the pre-existing tribal union of the Slavs.

Form of government in Kievan Rus - early feudal monarchy. Head of Kievan Rus was the Kyiv Grand Duke, who relied on the squad and the council of elders. On the ground, the power of the Grand Duke of Kyiv was carried out by him governors (in cities) and volosteli (in the countryside).

Signs of an early feudal monarchy:

1) the transfer of power in the order of inheritance, while there is no legislative consolidation of the mechanism for this transfer of power by seniority - from father to eldest son;

2) there is no legal responsibility of the ruler;

3) institutions of power have not been formed;

4) the powers and status of the council under the prince have not been established in any way;

5) a veche is a feature of a democratic state, but it was convened in exceptional cases and was not a permanent representative body;

6) the city meeting, as one of the features of limiting power, functioned quite constantly.

The authorities did not have permanent powers.

To characterize the form of state structure of Kievan Rus in the literature, as a rule, the expression "relatively united state" is used, which cannot be attributed to either unitary or federal. Gradually in the XI-XII centuries. the relations of Kyiv with the specific principalities and princes with the boyars took shape in a system that in the literature was called palace-patrimony. Kievan Rus had a strong center - Kyiv, which, with the help of the squad, kept around itself several dozen specific principalities.

At the head of all Russia was Great Kyiv prince, at the head of individual principalities - own princes. Relations between the prince of Kyiv and all other princes were built on the principle of "suzerainty-vassalage" and were secured by feudal treaties.

With time power of local feudal lords (XI-XII centuries) significantly is increasing and a new government is formed - feudal congress, whose powers included consideration of issues of war and peace, division of lands, vassalage.

The population in Kievan Rus was divided into:

1) vigilantes. They reported directly to the prince of Kyiv or to the specific prince;

2) service people, the highest among them were the specific princes and the actual service people who ensure the work of the state apparatus, and the servants of the princes were also included in this estate - this is the lowest category;

3) large feudal landowners, boyar-owners. They possessed considerable power within their own patrimony, this power constantly increased and later served as one of the reasons for feudal fragmentation in Russia;

4) farmers. Their legal status during the period of the early feudal monarchy was almost equal to all other estates, with the exception of their property status, however, over time, the peasants became more and more dependent on the feudal lords, which later gave rise to serfdom.

Special category of the population are church workers. During the period of the early feudal monarchy, they had significant power, since the church became one of the largest feudal landowners.

Political regime in Kievan Rus absent due to the underdevelopment of society.

6. The veche and the prince in the ancient Russian state are the highest authorities. System of state authorities

The system of state authorities of Kievan Rus:

1) Great Kyiv prince;

2) specific princes;

3) a representative body - a national assembly;

4) an advisory body under the Grand Duke - a council of elders;

5) governors of the Grand Duke in cities, posadniks (his powers included court and reprisal in cities);

6) volostels - representatives of the Grand Duke in the villages (they exercised judicial powers in villages and villages).

Signs of state power in Kievan Rus:

1) it was bestowed by the people;

2) the authorities did not have a formalized structure and a fixed scope of powers;

3) the authorities of all Kievan Rus and its individual principalities differed significantly from each other, the specific princes formed their own authorities, which exercised their power in parallel with the authorities of the Kyiv prince in the corresponding principality;

4) the interaction of the Grand Duke and specific princes was carried out in the order of subordination of all to the Kyiv prince.

The power of the Grand Duke consisted of the autocratic power of the monarch and the support of the people.

Monarchy in Kievan Rus was not absolute and completely hereditary, the people had the right to overthrow the objectionable prince. The main function of both the Grand Duke of Kyiv and the specific princes was to lead the squad and protect the Russian land from invasions.

The prince relied on his own squad. In the event of hostilities, a people's militia was formed.

Military squads could have not only the prince. This right belonged to all major feudal lords. Therefore, the people's militia was convened by the Grand Duke from free armed citizens participating in the veche, as well as from large feudal lords and their own squads. Thus, the armed forces of Kievan Rus were made up of the squad of the Grand Duke and the people's militia.

The prince exercised his power according to the palace-patrimonial principle.

The estate of the prince consisted of:

1) the land inhabited by the people of the prince;

2) the lands of the entire principality with its suburbs.

Palace and patrimonial system of power meant absolute power within the patrimony of the prince, where the people of the prince lived, and limited power in another territory. The prince also had judicial powers. His court was considered the best, unbiased.

Veche - a national assembly that had the power of the highest authority and the authority to resolve the most important state issues: war and peace, the election and overthrow of the prince, etc. value (except for Novgorod and Pskov).

Veche had the highest judicial powers. It was it that not only raised the question of trust in the prince, but also resolved this issue.

The vocation of the prince was formalized by an agreement between the veche and the prince.

The expulsion of the prince was carried out in the form of "vyreda", i.e., the destruction of a previously signed agreement. By decision of the veche, the people could not only expel the prince, but also kill or imprison him.

Veche - institution of democracy. It existed until the Mongol-Tatar invasion.

Veche was an emergency body formed from all free armed citizens of Kievan Rus. A similar institution in some cities was the city meeting. Veche met indefinitely. Decisions at the meeting were made unanimously.

7. General characteristics of Russian Pravda

Russian True is one of the main sources of the history of the state and law of Russia. Russkaya Pravda is not the only text, there are more than 100 of them. 3 groups:

1) a short edition of the Russian Truth (this group belongs to the first written laws of Kievan Rus);

2) lengthy edition (it contains 121 articles);

3) abridged edition (the latest edition of Russian Pravda).

All these truths were a continuous text without division into articles, they divided it later in the XNUMXth century.

Short version structure Russian Pravda initially had no divisions, but later (XVIII century) was divided into parts:

1) Truth of Yaroslav (published in 1015-1054);

2) The truth of the Yaroslavichs (in the 60s of the XNUMXth century).

The final version of the short edition of the Russkaya Pravda was formed at the end of the XNUMXth century.

In the XII century. Vladimir Monomakh added new legal norms to Russian Pravda, as a result, Russian Pravda began to consist of parts and was called lengthy edition:

1) Court of Yaroslav (original, short version);

2) The charter of Vladimir Monomakh (his reforms of the state apparatus and the judiciary).

A lengthy edition existed until the XNUMXth-XNUMXth centuries, including the period of feudal fragmentation and the Tatar-Mongol yoke.

abridged edition belongs to the second half of the XNUMXth century, which is associated with the name Ivan III and his reform of the legal system and the systematization of law. The abridged edition of Russkaya Pravda is called so because the norms of law that have become irrelevant were excluded from its composition.

Russkaya Pravda regulated mainly issues of criminal law, but it also dealt with issues of family and marriage, inheritance law and issues of the legal status of the population.

According to Russian Pravda, the following were distinguished segments of the population:

1) princes (were above the law);

2) boyars (they obeyed the law and were called princely people);

3) clergy (only the church judged them);

4) simple free people (merchants, smerds and some others);

5) lease (derived from the word kupy - "loan agreement"; a purchase is understood as an already dependent employee, his dependence on the creditor continued until the full payment of the debt);

6) slaves (slaves);

7) Ryadovichi (from the word row - "agreement"; they entered into an agreement on their temporary servile position).

Russkaya Pravda did not contain provisions on the ownership of land, while sanctions were established for an attempt on property, for example, a fine of 12 hryvnia was established for plowing the boundary. Responsibility for an attempt on the property of different segments of the population was established differently.

Russkaya Pravda had the concept of a tort obligation. Responsibility for such an offense was established in the amount of damage caused.

Russkaya Pravda regulated contract law.

Types of contracts according to Russian Pravda:

1) sales;

2) loan;

3) storage of property (luggage);

4) self-mortgage loan (purchasing);

5) contract ("lesson of bridgemen");

6) personal recruitment.

The form of the contract was oral, in front of witnesses, with the performance of some symbolic actions (hand-beating). Failure to fulfill the contract could entail not only foreclosure on property, but also on the debtor himself under the contract.

According to Russian Pravda, it stood out inheritance:

1) by law;

2) by will.

8. Litigation in Russkaya Pravda

Russian Truth singled out 4 stages of litigation:

1) cry;

2) set-finding of the defendant (investigation);

3) judgment;

4) making a decision.

1. cry - the first, initial stage of legal proceedings. Her features: a person who discovered that a thing was missing or a body was found had to publicly announce this in the square in front of witnesses (it is not necessary to record the names of these witnesses). Witnesses, as a rule, were all those present at the call. The call was made orally.

2. Code-finding the defendant - the second stage of the process, which was used only in civil proceedings. The second stage of criminal proceedings was the investigation. The search-finding of the defendant, or the investigation, was carried out as follows: if the person who started the proceedings (clicking on the square) claims that this is his thing, provided that he sold this thing earlier, then the stage of the search-finding began, to which 12 men; if the person says that the thing is not his, but bought, or someone instructed to sell it, then everyone goes to the vault. The investigation assumed a direct search, that is, everyone went from one possible thief to another until they found the true owner.

If the person found (the defendant) claimed that he did not steal the thing and referred to another person, then he was, regardless of anything, found guilty and had to pay a fine.

The code was a direct reclamation of a thing from someone else's illegal possession, in this it is similar to the modern vindication process.

The time frame of the vault was not established, but in order to reduce them, it was fixed that the vault within the city (within its population) could be carried out no more than 3 times. The vault was not held outside the city.

3. Judgment - This is the case itself.

At the trial, the parties had to present evidence and witnesses of their innocence. Thus, the judgment according to Russkaya Pravda was of an adversarial nature, and the entire consideration of the case was public (on the square, in the presence of everyone) and oral (the course of the consideration was not fixed in any way).

4. Making a decision - this is the final stage of legal proceedings under Russian Pravda, it was also not formalized in any way, and the decision was made orally. The verdict in criminal cases was carried out immediately.

In civil cases, on the basis of a court decision, an agreement was to be concluded between the parties on the execution of the sentence. Such an agreement was concluded within 3-6 months. If the defendant refused to conclude this agreement, then the victim had the right to go to court and ask the defendant with his head, that is, to receive the defendant as a slave.

Allowable evidence according to Russian Pravda (documentation of evidence was not received):

1) testimonies:

a) vidaki (witnesses);

b) rumors (witnesses who are not eyewitnesses); to prove his case, a person had to bring at least 2 (for foreigners) or 6 (for Russians) rumors;

2) written documents;

3) evidence (wounds, abrasions).

A special process was God's judgments. It was cruel and based on faith in God's justice.

Types of punishment:

1) ordeals - torture;

2) a company - a public oath by the gods;

3) field - judicial duel.

9. Crime and punishment according to Russian Truth

Crime and punishment according to Russian Truth is the regulation of criminal and executive proceedings.

Features Russian Pravda: it consolidated class inequality in criminal law, the right of the strong, the right of the master, as well as the "fist" law.

Russkaya Pravda did not contain a definite concept of crime. It was characterized as an insult, that is, causing material, physical or moral damage to someone.

The subjects of the crime pray to be everything except serfs, since the legal status of the latter was defined as the property of masters. The owner of a serf could kill or maim him with impunity.

Fault according to Russian Truth as an element of the subjective side of the crime has not yet taken shape. There was no distinction between intent and negligence.

Criminal acts in Russian Pravda were determined not systematically, but casually, by examples.

Russkaya Pravda established responsibility for the commission of a crime by accomplices. Their responsibility was the same.

Types of crime according to Russian Truth.

1. Against the individual:

1) murder. The truth of Yaroslav still contained provisions on the admissibility of blood feud for murder, but if the murdered person did not find avengers or his relatives did not want to take revenge, then a monetary penalty was provided for the murder; later, Russian Truth banned blood feuds for murder and established for everyone, with the exception of the prince - the death penalty was imposed for his murder - differentiated fines according to the social status of the murdered: for the murder of privileged people - "princely husbands" (combatants, princely servants - "firemen" , "access"), a double criminal fine of 80 hryvnia was established; for citizens, merchants, swordsmen - 40 hryvnia; for a serf - 5 hryvnia.

Its types:

a) murder in a quarrel or at a feast;

b) murder in robbery (in this case, the most severe punishment was established - flood and plunder, i.e., turning the criminal and members of his family into slaves with confiscation of all property);

2) bodily injury (it could be expressed in inflicting wounds, cutting off an arm, a leg, depriving an eye; for causing bodily harm, a fine of 12 hryvnia was imposed, which was paid to the prince as a "lesson" in favor of the victim).

2. Crimes against honor or insults by action - pulling out the beard, mustache, pushing. They entailed a large fine - 12 hryvnia.

3. Against property. The peculiarity of the punishment for these crimes was that a rigidly differentiated responsibility was established for an attempt on the property of feudal lords and other persons; strict liability was established for damage to boundary signs, side trees (beekeepers), plowed boundaries, for setting fire to the yard and threshing floor, horse stealing - for the last crimes, the highest penalty was established - flood and looting.

There were no state crimes in those years.

Punishments for crimes against family relations and morality, church and faith were established by princely church charters. Such crimes were judged by God.

Types of punishment according to Russian Pravda:

1) revenge;

2) flood and plunder;

3) fine: vira; sale (in favor of the prince); lesson (reimbursement to the victim); golovnichestvo (assigned to the whole family).

10. Features of the socio-political and legal development of Russia in the period of feudal fragmentation

The feudal fragmentation of Russia took shape by the end of the first third of the XNUMXth century, after the death of the Grand Duke Mstislav Vladimirovich the Great.

Prerequisites for feudal fragmentation in Kievan Rus:

1) Lubeck Congress of Princes, which decided that the specific princes fully control their estates, regardless of the will of the Grand Prince of Kyiv;

2) socio-economic reasons:

a) the dominance of subsistence farming and the expansion of feudal land ownership;

b) the growth of the economic power of local feudal lords;

c) development of political separatism of local feudal lords.

Signs of feudalism in Russia:

1) fragmentation into boyar estates and specific principalities;

2) relations of suzerainty and vassalage: the senior suzerain is the Grand Prince of Kyiv; further - specific princes; vassals of the first level - boyars and monasteries, which owned vast land holdings;

3) concentration in one hands (princely and boyar) property and state-power powers;

4) division of the population into 2 layers: large landowners and dependent peasantry.

Feudal fragmentation in Russia had its own specifics, in particular, the Tatar-Mongol yoke in the XNUMXth-XNUMXth centuries contributed to this.

Feudal fragmentation was two main steps:

1) XII-XIII centuries. (before the Tatar-Mongol invasion);

2) XIII-XV centuries. (period of the yoke of the Golden Horde).

In the XII-XIII centuries. formed in Russia three main political centers:

1) Galicia-Volyn principality influenced the entire Southern and South-Western Russia;

2) the Novgorod feudal republic - to North-Western Russia;

3) Vladimir-Suzdal Principality - to North-Eastern and Western, as well as partially North-Western and Southern Rus'.

In the XII century. formed in Novgorod aristocratic republic. However, the prince was here.

Novgorod Prince Yaroslav the Wise at the beginning of the XNUMXth century. in the struggle for the independence of Novgorod made a significant step forward, refusing to pay tribute to Kyiv.

In Novgorod, the power of the Grand Duke was exercised posadnik, elected from among its citizens, and not appointed by the prince, the Novgorod archbishop was also elected by the Novgorodians.

Novgorod land included the territory of the Great Russian Plain up to the Urals and the Arctic Ocean.

The land of Novgorod was vast, but not suitable for agriculture, which affected its economy. Fishing, salt making, hunting, trade with Western Europe developed here.

In the 13th century. the development of the Vladimir-Suzdal principality was significantly influenced by the yoke of the Mongolotatar, but due to its remoteness from the southern borders, a new politically strong city, Moscow, arose in its center.

The territories of the Vladimir-Suzdal Principality covered the entire territory of the northeastern lands - from the Northern Dvina to the Oka and from the sources of the Volga to the confluence of the Oka into the Volga.

The Vladimir-Suzdal principality was an early feudal monarchy with strong boyars.

Feature of political power in Vladimir: the grand-ducal title moved here from Kyiv, since all the Vladimir-Suzdal princes, descendants of Monomakh - from Yuri Dolgoruky (1125-1157) to Daniil of Moscow (1276-1303) - were Grand Dukes.

Vladimir in 1300 became the center of Orthodoxy, the metropolitan see was transferred here, since Kyiv, the former center of faith, was devastated by the Mongolotatars.

11. The influence of the Mongol-Tatar invasion on the development of the state and legal system of Russia

В 1223 BC The Mongols attacked Russia for the first time on the Kalka River.

В 1237 BC his troops again invaded the lands of Russia through the Volga. This campaign led to the conquest of Russian cities: Ryazan, Moscow, Vladimir.

В 1240 BC the attack continued. Chernigov and Kyiv were destroyed. Russia was conquered, the princes began to pay tribute to the Mongol tribes.

At the end of the XIII century. separated from the empire of Genghis Khan Golden Horde, which existed in the immediate vicinity of Russia until the end of the XIV century.

Features of the statehood of Russia during the Tatar-Mongol yoke:

1) the statehood of the principalities was preserved;

2) the church and the administration of Kievan Rus were preserved;

3) Russia paid taxes.

The collection of taxes was entrusted to one of the princes, who was given the khan's label. The holder of this label bore the title of Grand Duke, had political power and military support from the Horde.

Installed taxes: for farmers - "plow" tax; cities - kutras (capital tax, and later turnover tax).

В end of the 13th century. The tax system has changed. Merchants (tax collectors) were replaced by official collectors. The Russian Church was exempt from paying taxes and conscripting people under its control into the Mongol army. Veliky Novgorod was guaranteed autonomy and the right to free trade.

And with the reign of Khan in the Golden Horde Foot Russian princes received the right to independently collect taxes, the Mongolian tax collectors were recalled.

The Russian princes were vassals of the Khan of the Golden Horde, their actions were monitored by the Khan's representatives. The power of the prince within his principality was sole, each of them himself collected tribute for the khan on the territory of his principality.

Such a system of state power was introduced by the Mongols in all the principalities, with the exception of Kyiv, Pereyaslavl, Podolia, where the Mongols introduced their direct rule.

Khan was the first overlord on the territory of all Russian lands, he solved all legal and financial issues and had the right to announce the mobilization of Russians into the Mongol army.

Judicial system during the period of the Tatar-Mongol yoke in Russia:

1) the highest court that considered the disputes of the Russian princes - the highest court of the Golden Horde;

2) Mongolian courts considered disputes between Russians and Mongols;

3) Russian princes resolved Russian disputes among themselves.

Census The Russian population was carried out by the Mongols independently. Between 1245 and 1274 3 censuses were carried out.

The mobilization of the Russian population was built according to the principles of the formation of the Tatar-Mongolian troops, i.e., according to the decimal system: Russia was divided into "tens", "hundreds", "thousands" and "darkness" (10 thousand), one recruit from 10 men living in the area.

The same division was used to collect taxes.

The Muscovite state took over some features of the administration of the Mongols:

1) the system and procedure for taxation;

2) pit transport service;

3) formation of troops;

4) financial and treasury system.

The Tatar-Mongol yoke weakened the growth and activity of Russian cities, which provided the basis for the development of a single centralized state at the end of the XNUMXth century. An absolute monarchy developed: the power of city assemblies (veche) decreased, and the city militia was disbanded.

12. Prerequisites for the formation of a Russian centralized state. Features of the Russian centralized state

The Russian centralized state took shape in XIV-XVI centuries.

Groups of prerequisites for the formation of a Russian centralized state.

1. Economic background: to the beginning of the XIV century. in Russia, after the Tatar-Mongol invasion, economic life gradually revived and developed, which was the economic basis for the struggle for unification and independence. Cities were also restored, residents returned to their native places, cultivated the land, engaged in crafts, and trade relations were established. Novgorod contributed a lot to this.

2. Social background: by the end of the XIV century. the economic situation in Russia has already completely stabilized. Against this background, later feudal features are developing, and the dependence of the peasants on large landowners is growing more and more. At the same time, the resistance of the peasants also increases, which reveals the need for a strong centralized government.

3. Political background, which in turn are subdivided into internal and external ones:

1) internal: in the XIV-XVI centuries. significantly increases and expands the power of the Moscow principality. His princes are building a state apparatus to strengthen their power;

2) foreign policy: the main foreign policy task of Russia was the need to overthrow the Tatar-Mongol yoke, which hampered the development of the Russian state. The restoration of the independence of Russia required a general unification against a single enemy: the Mongols - from the south, Lithuania and the Swedes - from the west.

One of the political prerequisites for the formation of a unified Russian state was Union of the Orthodox Church and the Catholic Western Church, signed by the Byzantine-Constantinople Patriarch. Russia became the only Orthodox state uniting all the principalities of Russia at the same time.

The unification of Russia took place around Moscow.

The reasons for the rise of Moscow are:

1) good geographical and economic position;

2) Moscow was independent in foreign policy, it did not gravitate towards either Lithuania or the Horde, therefore it became the center of the national liberation struggle;

3) Moscow's support from the largest Russian cities (Kostroma, Nizhny Novgorod, etc.);

4) Moscow - the center of Orthodoxy in Russia;

5) the absence of internal enmity among the princes of the Moscow house.

Merging Features:

1) the unification of Russian lands took place not in the conditions of late feudalism, as in Europe, but in the conditions of its heyday;

2) the union of Moscow princes served as the basis for unification in Russia, and in Europe - the urban bourgeoisie;

3) Russia united initially for political reasons, and then for economic ones, while the European states - primarily for economic ones.

The unification of Russian lands took place under the leadership of the prince of Moscow. He was the first to become the king of all Russia. AT 1478 BC after the unification of Novgorod and Moscow, Russia finally freed itself from the yoke. In 1485, Tver, Ryazan, etc., joined the Muscovite state.

Now the specific princes were controlled by proteges from Moscow. The Moscow prince becomes the supreme judge, he considers especially important cases.

The Moscow principality creates a new class for the first time nobles (service people), they were the soldiers of the Grand Duke, who were awarded land on the terms of service.

13. Social system and legal status of the population during the formation of the centralized Russian state. Development of the process of enslavement of peasants

During the formation of the centralized Russian state, there were quite significant changes in social relations. This was especially true of feudal ownership of land and the legal status of the main groupings of the ruling class of feudal lords.

The social structure of a state is made up of the position of its population. Russia in XV-XVI centuries. was a feudal state.

stood out:

1) service people in the homeland:

a) duma ranks (boyars, roundabouts, duma nobles);

b) Moscow service ranks (stewards, solicitors, Moscow nobles, residents);

c) city service ranks (choice, children of the boyar yards, children of the boyars of the city);

2) served people on the device - military;

3) taxable urban:

a) Moscow posad ranks (guests, living room hundred, cloth hundred, black settlements and Moscow hundreds);

b) township ranks (the best people, average people, young people);

4) taxable county - black and palace peasants (peasants, bobyls, backbones or serfs).

Boyars - These are the servants of the sovereign. The rank of a boyar could only be obtained for service. For misconduct, the tsar could take the boyar rank back.

formed localism - the privileged position of those who came to the service earlier.

By their position, the boyars are the second persons in the state. The court of the Grand Duke was repaired by the boyars.

The highest boyar positions:

1) a groom (in the event of the death of the king, he himself could become one);

2) butler (i.e., the main manager of all palace property);

3) a gunsmith (he was in charge of the military economy of the kingdom).

The service of the nobility and the children of the boyars took place in proportion to the layout.

Layout - this is the provision of a local and monetary salary for public service and for its term.

Taxed population - this is all the legally free population of the Muscovite kingdom.

Ranks of the taxed population:

1) urban (township, planted);

2) rural.

Traction service classes:

1) higher: military and administrative;

2) lower: financial, serfs.

All peasants were attached to the land. Their relations with the state were regulated by "regular records", according to which the peasant became vytny (from vyt - "taxable plot of land"). Peasants united in communities. Vytny paid dues to the community.

Vytnye - free peasants, they could take other landless (zagrebetniks) as laborers, who later, in case of debt to the owner, gradually turned into serfs, legally dependent.

Half-witches - Bobyls or Cossacks, they carried half the tax.

Their transition from one community to another was carried out in the following order:

1) the transition is possible only on St. George's Day (in this case, the elderly was paid);

2) passed with the consent of another community;

3) upon exit, you must pay the payback.

The legal status of the black draft population was the same as that of the servicemen. They could buy land for estates and estates.

The dependence of the peasants began to take shape not only from unpaid debtors, but also from the institution of servility.

stood out bondage - These are people who have entered into an agreement to sell themselves into slaves for an indefinite period. The sale could concern this person personally or him and his family members. Kholops were personally and economically dependent on the owner.

14. Political system during the formation of the Russian centralized state

Russia during the formation of a single centralized state was an early feudal monarchy.

Signs of the presence of centralized power at the end of the 15th and beginning of the 16th centuries.:

1) the presence of central authorities throughout the territory of the Russian state;

2) replacement of vassal relations by relations of allegiance;

3) development of national legislation;

4) a single organization of the armed forces subordinate to the supreme authority.

characteristic features of the state system this period:

1) the concept of "king" appeared, which unites under its rule all other princes, all - vassals of the king (this was formed thanks to the experience of the Golden Horde);

2) centralized management of the outskirts by the governors of the monarch;

3) the term "autocracy" appears (i.e., a form of limited monarchy, the power of a single monarch is limited by the power of rulers, local princes; autocracy and absolutism are not identical);

4) settled relations between the Grand Duke and the Boyar Duma are formed, localism is born (i.e., the appointment of persons on the merit of their parents), the Boyar Duma is formal, the relationship between the tsar and the Duma develops according to the principle: the tsar said - the boyars were sentenced.

Monarch in the XV-XVI centuries. - Great Moscow prince.

Although his power had not yet acquired the features of absolute power, it nevertheless expanded significantly. Already Ivan III in all documents calls himself the Grand Duke of Moscow.

The increase in the power of the Grand Duke took place against the background of the restriction of the rights of patrimonials. Thus, the right to collect tribute and taxes passed from the latter to state bodies. Secular and church feudal lords lost the right to judge the most important criminal offenses - murder, robbery and red-handed theft.

The political consolidation of the power of the Moscow prince is connected:

1) with the marriage of Ivan III and the niece of the Byzantine emperor Sophia Paleolog (this increased the importance of the power of the Moscow grand dukes within the state and in Europe; the Moscow grand dukes began to be called "sovereigns of all Russia");

2) with the wedding of Ivan IV in 1547 (the title of tsar appeared).

Boyars in the XV-XVI centuries. - people already close to the Grand Duke.

Boyar Duma - this is the highest body of the state in the XV-XVI centuries.

The Boyar Duma decided matters by majority vote, and later discussed controversial issues until all of its members came to a consensus, but if this was not the case, then the case was resolved by the sovereign.

Initially, the Duma was convened, but under Ivan IV it became a permanent body. The composition of the Boyar Duma included the so-called Duma ranks, that is, the introduced boyars and roundabouts. In the XVI century. took part in council meetings consecrated cathedral.

Powers of the Boyar Duma:

1) the decision, together with the prince, of all the main issues of public administration, courts, legislation, foreign policy;

2) control over the activities of orders and local governments (by decree of the sovereign);

3) the diplomatic activity of the state (negotiations with foreign ambassadors, the dispatch of Russian and foreign ambassadors, the appointment of maintenance for them, the distribution of royal letters to neighboring states);

4) "knowledge of Moscow" (a special authority of this body) is the management of the entire urban economy during the absence of the sovereign.

15. Palace and patrimonial management system. Feeding system

Under palace-patrimonial system management refers to the division of government depending on the territory. With this system of government, the governing bodies in the palace were at the same time governing bodies in the state.

The entire territory of specific Russia, and later the Muscovite state (in the XV-XVI centuries) divided into the following territories:

1) the princely palace;

2) boyar patrimony.

Such a system was convenient and developed during the period of feudal fragmentation. She came to replace the decimal system of management, in which thousandths, hundredths, tenths stood out.

The Princely Palace was the center of specific management, the patrimony of the prince. This territory was ruled solely by the prince.

Patronage of the boyars - this is the territory on which the palace (princely) management and economy were entrusted to individual boyars, free servants or serfs.

Princely officials: voevoda, tiuns, firemen, elders, stewards, etc.

An independent system of administrative departments was formed in the princely lands.

The central management of this system was carried out by the boyars, the most important issues of the economy of the princely patrimony were entrusted to the council of the boyars.

Palace management system:

1) the palace - was managed by the butler (courtyard);

2) the department of palace routes (advantages, income); ways: falconer, trapper, equestrian, steward, chalice, etc.

Ways - these are administrative and judicial authorities, they were headed by "good boyars".

The name of the manager of one or another path depended on the name of the path itself. For example, the falconer was in charge of falconers and other attendants of bird hunting, the stableman was in charge of the stables of the Grand Duke, the steward was in charge of side scaffolding, etc.

The appanage of the prince, closest to Moscow, was called the "palace", the butler (viceroy of the Grand Duke of Moscow) was sent there, while the appanage princes were sent to serve in Moscow.

Appointment as Viceroy - "award". The award was often granted to former princes in their native inheritance for up to 3 years.

To help the governor, a circle of closest people was formed - hut. The hut was in charge of court and finance.

The feeding system in local self-government became widespread during the period of the palace and patrimonial system of state administration (until the middle of the XNUMXth century).

Feeding - this is the salary of the Grand Duke for service, the right to use the governor's income in the volost, according to the "mandatory" or "income" list.

Feeding was received by governors in cities or volosts.

Feedings were granted on the basis of charters for feeding. But they were limited by the tax in these charters. Such restrictions were set for each county differentially.

Diplomas for feeding gave the governors the right to govern, judge and feed.

The food consisted of:

1) "entry feed" (at the entrance of the governor for feeding);

2) periodic (at Christmas, Easter, St. Peter's Day);

3) trade duties (from out-of-town merchants);

4) judicial marriage ("brooding forge").

There was a penalty for exceeding the tax.

During the formation of a single state, the power of feeders in the field began to weaken. Statutory letters appeared - Dvinskaya 1397 и Belozerskaya 1488 - who limited the power of feeders to the taxed population.

16. General characteristics of the Pskov Judicial Charter, its system, sources

Pskov Judicial Charter 1397 BC was adopted at the city council with the blessing of the priests of 5 cathedrals. Some scholars consider the date of adoption of the charter to be 1467.

Pskov Judicial Charter in its system and content, it is a code of procedural law, simultaneously containing the norms of criminal and civil law.

Diploma System includes preamble and parts:

1) the first part (articles 1-76);

2) the second part (77-108 articles);

3) the third part (articles 109-120).

Parts of the charter are allocated according to the period of their introduction into the law. They begin with constituent laws on the composition of the court.

The Pskov Judicial Letter, unlike the Russian Pravda, regulated mainly issues of civil law, and not criminal law.

Legal institutions of the Pskov Judicial Charter:

1) civil law: family unions; land ownership, actual ownership of property, individual and collective property; types of obligations (guarantees of a loan, luggage, purchase and sale, exchange, mortgage, hiring, purchasing);

2) inheritance law;

3) forms of documents: regulations, certificates, transfer of rights (letter, board, row, record, ransom, manuscript);

4) criminal law.

The Pskov Judicial Charter fixed the list of types of property and the right to dispose of it, established possible types of transactions, etc.

The Diploma clearly fixed the acceptable forms of contracts and ways of proving the conclusion of contracts in the event of a dispute.

The Pskov Judicial Charter for the first time singled out elements of state crimes:

1) perevet (high treason, punishable by death);

2) Kromskaya tatba (theft from the Kremlin, i.e. theft of state property, punishable by death).

The death penalty under the Pskov Judicial Letter was appointed for the theft committed for the third time, and horse theft. The charter fixed the order of legal proceedings in criminal and civil cases. The courts under the Pskov Judicial Charter were estates, that is, the competence of the courts was established not by the object of the legal relationship, but by their subjects.

Judicial Charter distinguishes courts:

1) lords;

2) vecha;

3) prince and posadnik;

4) thousandth;

5) old and honeycomb;

6) brothers;

7) general;

8) local;

9) speakers.

The judges took the oath by the kiss of the cross.

According to the Pskov Judicial Charter, the parties appeared in court alone, without "accomplices".

Evidence on the Pskov Judicial Charter: testimonies of witnesses, old-timers, neighbors; diplomas; boundary marks; cross kiss; court fight.

Sources of The Pskov Judicial Charter are named in its preamble:

1) princely statutes (these statutes cover a significant mass of legal relations, which were subsequently systematized by the charter);

2) letters of Alexander Nevsky (about 1242) or Alexander of Tver (1327-1337) - their author is not exactly known (Alexander's letter was supplemented by Archbishop Dionysius (1382));

3) Pskov duties, customs, resolutions of the Pskov veche, which were necessarily adopted in the form of a written document (the posadnik had the right to propose to adopt a resolution in Pskov; laws were adopted and repealed at the veche together with the prince).

17. Real, liability and inheritance law according to the Pskov Judicial Charter

1. Real right.

The Pskov Judicial Charter singled out property rights:

1) real estate: land, forest, yard, fishing area;

2) on movable property.

Ways of acquiring property rights were:

1) purchase and sale;

2) inheritance;

3) obtaining offspring (from livestock);

4) expiration of the limitation period for possession, etc.

"Feeding" is one of the types of property rights.

feeding is the temporary use of someone else's property. Feeding was established as the right to use the property of the deceased spouse for the surviving spouse for the duration of his life or until the conclusion of a new marriage.

The Pskov Judicial Charter singled out among property rights - bail, which is further subdivided into:

1) pledge of movable property (in this case, the pledged thing was kept by the lender until the payment of the debt);

2) mortgage of real estate (the mortgaged property itself did not pass into the possession of the mortgagee, but the documents for this property had to be transferred to the lender).

2. Law of Obligations according to the Pskov Judicial Charter, it was equated to a contractual one.

Ways to conclude contracts:

1) verbal agreement (an oral contract was concluded with witnesses who could confirm the terms of the contract in the event of a dispute);

2) "record" (by drawing up a written document, which must be deposited in the Trinity Cathedral in Pskov or another cathedral in the city);

3) "board" (i.e., by compiling a simple written document without special requirements, such a document was kept by the compiler without being transferred to the archive of the cathedral).

The most important transactions were concluded by drawing up a "record", since it had the greatest probative value.

The Pskov Judicial Charter highlights treaties:

1) sales (contracts for the sale of real estate were drawn up only in writing or in front of witnesses, while a transaction made in a drunken state could be protested and declared invalid);

2) exchange;

3) donations;

4) loan (the loan agreement had to be concluded in writing on a "board" or "record" if the amount of the debt exceeded 1 ruble; the return of the debt was formalized by a receipt, a copy of which was handed over to the state archive);

5) loans;

6) luggage (the contract of luggage, storage of property was drawn up in the form of a "record"; the limited liability of the custodian was established for the loss of goods as a result of fire, robbery, rebellion, on the way or in a foreign land);

7) hiring of property and personal (a contract of personal employment is an obligation of an employee to perform work for the owner for a certain period of time for a fee specified in the contract; the employee could stop working before the expiration of the term and go to court with a claim for the recovery of wages in case of refusal to pay).

3. Inheritance law. According to the Pskov Judicial Charter, it stood out:

1) inheritance by law;

2) testamentary succession.

According to the law, the surviving spouse, children, parents, brothers and sisters, that is, the closest relatives, could inherit. Deprivation of inheritance was allowed for the guilty behavior of the heir, for example, a son who refused to support his parents or left home.

Will form - written, with the preparation of a "record" and its transfer to storage in the archive.

18. Criminal law according to the Pskov Judicial Charter

Criminal law, according to the Pskov Judicial Charter, for the first time considered a crime as a criminally punishable act committed not only against a private person, but also against the state. The concept of crime as a socially dangerous act appeared.

The subjects of the crime according to the Letter of Judgment could be everyone, except for lackeys. Responsibility for the commission of a crime by accomplices was established for all accomplices the same.

The forms of guilt, mitigating and aggravating circumstances, attempt, etc., were not fixed.

Fines under the Pskov Judicial Charter were imposed for:

1) theft;

2) robbery;

3) a fight;

4) murder;

5) robbery.

The Pskov Judicial Charter mentions higher monetary punishment - payment to the prince's treasury for "hitting, tipping, robbery" 50 rubles by a boyar, 20 rubles by a living person, 10 rubles by a young man.

Penalty system:

1) sale (this fine went to the prince's treasury);

2) compensation for damage to the victim or his relatives (in case of murder);

3) court fees in favor of lords, posadniks, thousand and other judges.

The fines were quite large, they ruined the poor and the lower classes of the city, thereby forcing them to turn to usurers, boyars, merchants and subsequently fall into bondage to them.

The Pskov Judicial Charter mentions only monetary punishments, that is, the criminal law of this period has a compensatory, not punitive nature, but other sources of law contain information about the death penalty.

The Judgment Letter itself mentions for the first time state crimes and crimes against state power (high treason, secret promise to a judge, forcible entry into the premises of a judicial institution, insult to a judicial official, insult or slander against a posadnik, a thousand or their judges), for which she was appointed the death penalty.

The Pskov Judicial Charter did not provide for corporal punishment, but in practice they were widely used.

Crimes against the person:

1) murder (among them were parricide and fratricide);

2) beating;

3) insult by action (for example, pulling out a beard, pushing, etc.).

Types of property crimes according to literacy:

1) tatba (theft) - simple and qualified: horse theft or theft committed for the third time;

2) robbery;

3) robbery;

4) arson;

5) finding (robbery in the gang).

The trial under the Pskov Judicial Charter was of an accusatory and adversarial nature, for a criminal trial it was an accusatory one.

The case was initiated on the basis of a lawsuit. The court then conducted an investigation (“search”). Installed operational-search measures, for example, a search in the modern concept or seizure, i.e., the seizure of things that were deposited with the court before the case was resolved. These actions were carried out by bailiffs. They also summoned the defendant to court and carried out the arrest in case of resistance.

There was a concept legal representation, but only to protect the interests of women, monks, the crippled, the elderly and minors.

The Pskov Judicial Charter established formal legal proceedings.

court documents:

1) "right" letter (it was issued to the party that won the litigation);

2) judicial letter (court decision).

At the heart of the criminal legislation of the Pskov Judicial Charter are the principles of the criminal law of Russkaya Pravda and statutory charters.

19. Sudebnik 1497. General characteristics

Sudebnik 1497 ("Grand Duke's Code") - a typical feudal codified law. It was published during the reign of the Grand Duke of Moscow Ivan III. His project was prepared by deacon Vladimir Gusev.

Prerequisites for the adoption of the Sudebnik:

1) the extension of the power of the Grand Duke to the entire territory of the centralized state;

2) the destruction of the legal sovereignty of individual lands, appanages and regions;

3) the presence of a central administration and a court in the absence of their formal consolidation.

Sources of Sudebnik:

1) statutory letters of local government;

2) Pskov Judicial Charter;

3) customs, isolated cases (precedents), judicial practice;

4) Russian Truth.

Features of the Sudebnik of 1497:

1) the legislation of the veche is equated with the acts of the "Lower State";

2) the text of the Sudebnik is an amended Pskov Judicial Letter;

3) The Code of Laws is poorer than the Pskov Judicial Charter in terms of language, legal concept and editorial art.

The system of the Grand Duke's Judiciary:

1) the first part (Articles 1-36) - about the central court;

2) the second (articles 37-44) - about the provincial (viceroy) court;

3) the third part (Articles 45-55 and 67-68) - substantive law.

Procedural law was regulated by the Code of Laws in detail. The process is adversarial with elements of the inquisitorial. Torture appears as a means of proof (for example, in cases of tatba) and written records of the court session.

The court was carried out with the participation of the "best people" who were part of the court together with the grand ducal (royal) governor (an analogue of the modern jury).

The process and procedural actions are paid, at the expense of the plaintiff.

The process as a whole was adopted by the Sudebnik from the Pskov Judicial Charter.

A higher (second) court appeared - the Boyar Duma and the Grand Duke (Tsar).

The substantive law according to the Sudebnik dealt with property, inheritance rights, contracts, the transfer of peasants, and servility. The Law Code allowed the application of customary law.

Civil law: The Sudebnik of 1497 establishes the procedure for the transition of peasants on St. George's Day and during the week before and after this day, the transition is possible after paying the elderly.

According to the Sudebnik of 1497, urban keykeeping appears - a new source of servility.

Kholop received release in case of escape from Tatar captivity.

The Sudebnik duplicates the contractual law of the Pskov Judicial Letter, but expands the application of the personal contract, and the sale should now be carried out only in front of witnesses.

The Sudebnik of 1497 regulated bankruptcy.

According to the Sudebnik, the following were distinguished types of inheritance:

1) by law;

2) by will ("manuscript").

Criminal law: the crime began to be understood as "dashingly deed" (these are serious crimes attributed to the jurisdiction of the Grand Duke).

Sudebnik 1497 expanded the number of crimes new formulations:

1) sedition (state crime);

2) rise (anti-government agitation);

3) arson for the purpose of causing great damage (terrorist act);

4) head tatba (theft of slaves, theft of people in general or theft that led to the murder).

Sudebnik introduces new punishments, now the criminal law has become punitive. The death penalty, the commercial penalty (beating with sticks on the trading floor) are applied, the fine is a thing of the past.

20. Sudebnik 1550. General characteristics, system and sources

New Sudebnik - "royal judicial code" - adopted during the reign Ivan IV the Terrible (in 1550) and published with the participation of his brothers and boyars. It received legal force only in 1551 after approval at the Stoglavy Cathedral.

Prerequisites for the appearance of the Sudebnik:

1) reforms of Ivan IV the Terrible;

2) the obsoleteness of the Sudebnik of 1497, the need for its concretization.

Sources of Sudebnik 1550:

1) Sudebnik of 1497 with additions;

2) other early legislative acts of Russia;

3) customs, judicial practice;

4) diplomas;

5) the lost Sudebnik of Prince Vasily III Ivanovich, father of Ivan IV the Terrible.

Structure of the Sudebnik 1550:

1) articles (they are already more systematized, the norms of one law are located in one department);

2) chapters (about 100).

There are no headings in the Sudebnik of 1550. It contains rules governing the introduction of additions to the Code of Laws.

Innovations of the Sudebnik of 1550 (in comparison with the Sudebnik of 1497):

1) it was forbidden to issue tarkhan (tax exemption) charters;

2) the principle "the law has no retroactive effect" appears;

3) the procedure for making additions to the Sudebnik has been established;

4) severe criminal penalties were established for judges for abuse of power, unfair sentences and for denial of justice;

5) the activities of elected elders and kissers in the court of governors, "judicial men" in legal proceedings were clearly regulated;

6) the features of the search process are strengthened;

7) there is a class principle of punishments;

8) slaves are included in the circle of subjects of the crime;

9) the forms of guilt are more clearly defined.

Types of punishments according to the Code of Laws of 1550:

1) the former according to the Sudebnik of 1497: the death penalty, the commercial penalty (beating with sticks on the trading floor), a fine is still applied;

2) imprisonment (new).

Compositions of crimes according to the Code of Laws of 1550. New:

1) forgery of judicial acts;

2) fraud, etc.

Similar to Sudebnik 1497:

1) sedition (state crime);

2) rise (anti-government agitation);

3) arson for the purpose of causing great damage (terrorist act);

4) head tatba (theft of slaves, theft of people in general or theft that led to the murder).

Civil law institutions according to Sudebnik 1550:

1) the right to redeem the patrimony;

2) a new procedure for turning into servitude;

3) ownership right;

4) contract law;

5) law of obligations, etc.

The process according to the Sudebnik of 1550 largely coincides with the proceedings according to the Sudebnik of 1497.

The process is still adversarial. However, at this stage, elements of the inquisitorial process (torture, etc.) became more and more evident.

Litigation has become completely formalized: a protocol of the court session is drawn up, cases are initiated on the basis of a statement of claim by the plaintiff or an application for a crime, procedural actions are performed at the expense of the plaintiff, he contributes money to the court.

More and more spread court of "best people".

There was a higher (second) judicial instance - Boyar Duma и Grand Duke (tsar). They had the right to review the decision of the lower courts, with the exception of (this is not known exactly) the ecclesiastical court.

The Sudebnik of 1550 became the basis for the subsequent development of legislation, its codification.

21. Trial of the Russian centralized state

Trial during the formation and existence of the Russian centralized state in cases of petty crimes and property disputes wore accusatory nature.

Gradually, the accusatory-adversarial process was replaced by search (search) - legal proceedings with features of an emerging investigative (inquisitorial) process.

The investigative process was used in state cases and in cases of “known daring people” (especially dangerous criminals). Here, cases of public proceedings were already distinguished, i.e. they were initiated on the initiative of a state body whose competence included the consideration of such a case.

The search process included the search by “good people” for “dashing” ones.

"Kind" representatives of the propertied strata of the population were recognized (in the cities - merchants, and in the black lands - wealthy peasants). Entering, thus, into the composition of the grassroots level of the grand duke's administration, they pledged "by kissing the cross" (oath) to seize "dashing people", thieves and murderers.

Peculiarities of the investigative process: the widespread use of torture, the initiation of a criminal case, the conduct of an investigation into it, the pronouncement and execution of a sentence belonged to the same body (this significantly expanded the possibilities for judicial arbitrariness).

Key evidence in the search process:

1) the suspect's own confession;

2) being caught red-handed;

3) search.

The indictment-adversarial process also received some features of inquisitorial jurisprudence:

1) the process has become formalized, a protocol of the court session (judgment list) has appeared;

2) the parties and witnesses were summoned to court, a summons could be made in case of resistance of the person;

3) court decisions were formalized by special documents.

All innovations in civil and minor criminal proceedings:

1) the concept of limitation period appeared;

2) there was a second instance.

With the expansion of the formalization of legal proceedings, there appeared new judicial officials to serve the trial: clerks, bailiffs, non-workers (persons who were looking for the defendant, handing him a letter of summons to court), high court fees were set for filing a claim with the court, for obtaining a court decision, for searching for the defendant, etc.

Evidence in the accusatory-adversarial process:

1) own recognition;

2) oath;

3) witness statements;

4) written documents;

5) judicial duel.

Stages of the litigation.

1. Filing a statement of claim: lawsuits were filed by an interested person. They could be filed against any person, regardless of his class affiliation.

It was possible to bring to justice (both in criminal and civil cases) a man who had reached the age of 14, and a woman - upon reaching 12 years, since this age was recognized as marriageable.

2. Trial.

It was carried out by a judicial body, often with the participation of "good people" and the obligatory drawing up of a written protocol.

3. Sentencing.

It was done on the spot. If earlier the Boyar Duma made a decision by a majority of votes, now it discussed the matter until a consensus was formed, or the dispute was resolved by the Grand Duke.

The verdict could be appealed to a higher authority.

22. The system of letters of commendation of the Great Moscow Prince

Letters of Companion Grand Duke of Moscow in the XIV-XV centuries. were the main written sources of law in the Muscovite state.

Letter of Companion of the Grand Duke is a legislative act, according to which certain guarantees and compensations, exclusive rights related to management and other powers were provided to church institutions, monasteries, courts and other persons.

The letters of commendation contained the following right:

1) the right to own and use a land estate;

2) full or partial exemption from state taxes, duties and duties of all persons who have received letters;

3) the right to recruit free people and peasants from other principalities to their lands, with the release of settlers from state taxes and duties for "lesson years" (terms specified in the charter); at the same time, the clerks were forbidden to call back to their lands the people of their prince, black, tax-paying, "written peasants" (included in scribe and census books);

4) full or partial release of the grammers, their serfs and peasants from the jurisdiction and control of princely officials, with the prohibition of the latter's right to enter the estates of the clerks.

Letters of grant could be bestowed:

1) the Grand Duke;

2) church authorities;

3) specific princes.

Letters granted by the Grand Duke always had the force of a private law. It was confirmed by a red seal with the prince's name and coat of arms.

Letters of commendation could be given:

1) monasteries and other church institutions;

2) secular people.

Types of letters:

1) complained;

2) not convicted (i.e., granting the grammatist exemption from the court of local authorities with submission to the court of the prince, while persons living in the territory of the grammer submit to his court in whole or in part);

3) white papers (according to them, tribute and duty, duties on travel and transportation in favor of local authorities were canceled for the clerk);

4) tarkhan (granted the complete release of the grammer);

5) contributions (that is, written acts, according to which the princes transferred their movable and immovable property to church institutions, such a transfer could be both during the life of the prince, and by will);

6) protective letters (they did not establish any norms, but confirmed their existence; these letters belonged to the orders of the prince).

Letters of grant were granted only to secular people and were two kinds:

1) vouchers for feeding (they gave the clerks the right to manage, court and feed, that is, the right to use the governor's income in a given volost according to the "mandatory" or "income" list);

2) grants for estates (according to them, the prince transferred the estate to service people for the time of service, i.e., "the right to use the income from the peasants of the palace estates, calculated in cadastral books, with the exception of military service and land tax, referred to in Novgorod charters as" land service "and tribute).

Letters of grant could have applications in the form of separate letters. Such letters were given by state clerks. They concretized the provisions of the charter: they established a list of the land and personnel of the grant, the rights of the landowner to peasant arable land and his obligations to pay tribute and serve as a field service.

23. Statutory letters, their content, action in time, circle of persons and territory

The most important type of commandments refers to the prohibition of lawless acts and abuse of power by the governors and their people, the protection of the state from which was manifested in the drafting of charters.

Types of statutory letters: letters of vicegerent administration; lip letters; land letters.

Statutory letters of the vicegerent administration became widespread in the XIV-XV centuries. They could be granted to governors or volosts.

Content such statutory letters depended on the rights they granted:

1) the statutory letters of viceroy contained the features of the relationship of the governor or volost with the inhabitants of the county or volost governed by them;

2) statutory letters could contain not only the rights of the governor or volost, but also their obligations to the population of the province - these letters were called statutory letters to order.

Statutory letters contained a list of powers of governors or volostels, but these powers could only be exercised within the framework of the law. Consequently, the contents of the statutory letters included lists of what the viceroy of the Grand Duke should do within his parish, what he should not, and what he had the right to do in this regard. Statutory letters are not privileges, they are local laws.

Contents of statutes also included:

1) the prohibition of illegal actions of both the governor himself and his servants;

2) the size and type of the governor's food;

3) the amount of court expenses and fines deducted in favor of the governor (court fees, criminal fines in favor of the governor, fees for summoning to court, fees from the arrest of the accused);

4) trade and wedding duties;

5) regulation of relations between the judiciary of the governor and the central court;

6) the right of the inhabitants of the province to complain about their governor;

7) norms of substantive criminal law (their number, as a rule, was insignificant, since they were indicated only in connection with the viceroy's rights to a criminal court and duties).

Lip letters - certificates establishing labial institutions. Lip charters have existed since the 30s. XNUMXth century until the end of the XNUMXth century.

The lip charters had the force of law. Their action, in contrast to the statutory letters of the vicegerent administration, extended to the entire population, including the service classes.

The contents of the lip letters included:

1) the name of the body established by the charter;

2) the procedure for the election and appointment of officials of this body;

3) composition of the provincial institution;

4) the rights and obligations of this institution;

5) the norms of substantive criminal law (their number, as in the charters, is insignificant, but they later served as sources of the codified criminal law).

Statutory zemstvo letters contained rules of law on local zemstvo self-government. The period of distribution of zemstvo charters begins in 1552 and ends in the 2nd quarter of the XNUMXth century. Zemstvo charters extended their effect to the entire population.

Zemsky charters dealt with a wider range of legal relations than labial and charter ones, since they simultaneously contained the provisions of two other types of charters and included the rights:

1) financial;

2) police officer;

3) criminal;

4) civil (on issues of competence of zemstvo institutions).

24. Bodies of the court according to the judges of 1497, 1550

Code of Laws of 1497 and 1550 became the main sources of legislation during the formation of a single centralized Russian state.

They were devoted to civil, inheritance rights, contained norms of criminal law, provisions concerning innovations in legal proceedings and the structure of the judiciary.

With the strengthening of the entire state apparatus, the apparatus of the judiciary has also expanded significantly, their powers have expanded, even arbitrariness, the features of the class court are becoming more and more evident (the features of this period in the development of the judicial system).

The highest for all judicial instances was the Grand Duke, who considered cases of particular importance and could consider cases in order to appeal the verdict of the boyar court or the local court.

Main court - boyar court. In these courts there were clerks who were called upon to ensure the organizational work of the Boyar Duma to resolve cases (draw up a protocol, bring in persons who did not appear, etc.).

The decisions of the boyar court could be appealed by filing a complaint with the Grand Duke himself.

Sudebniks of 1497, 1550 singled out local courts:

1) court of the governor;

2) the court of the volost.

These courts differed in the degree of their power. The governors "kept feeding with the boyar court", that is, they could decide all cases and apply all types of punishments.

The competence of the volosts was without the boyar court, therefore, they were not entitled to apply the death penalty without a report from the central government and its prior consent.

In local courts (governors and volostels) were appointed special support officers:

1) closer agents who summoned the parties and other persons to court;

2) lawyers (the powers of these auxiliary persons included the execution of court sentences).

In order to ensure investigative proceedings, boyar children and “good people” (representatives of the propertied sections of the population: in the cities - merchants, and in the black lands - wealthy peasants) took part in local courts simultaneously with the governors and volosts. They accepted their authority to search for “known dashing people” “by kissing the cross” (by oath), their words were not questioned and were considered evidence. If a person accused by boyar children or “good people” denied his guilt, he was unconditionally found guilty.

Decisions of local courts could be appealed to higher authorities:

1) orders;

2) Boyar Duma;

3) the Grand Duke (in exceptional cases).

In order to ensure a new formalized legal proceedings (drawing up minutes of a court session, preparing cases for consideration, selecting statements of claim and statements of a crime, collecting judicial and enforcement fees, ensuring the appearance of parties in court, etc.), the judges of 1497, 1550 introduced to the courts new faces to the courts:

1) court;

2) elders;

3) "best" people (this was a prototype of a jury trial, but people with a certain property wealth were selected into it).

The main authority that resolved cases of crimes against the family and religion was church court. He made extensive use of all forms of the inquisitorial process. The decisions of the ecclesiastical court were not reviewed.

25. The system of labial institutions

The emergence of elected provincial authorities refers to 30s XVI century. as a result of local government reform. The introduction of labial institutions was due to the request of the population and the receipt of a charter for this. The purpose of their development was the local prosecution of robbers and their trial.

Lip institution - a class body of local self-government, created on the basis of a lip charter for the purpose of managing the county and exercising judicial and police functions within it.

The name lip comes from the word "lip" - an administrative-territorial formation in the Muscovite state in the XNUMXth century.

The reasons that served as an impetus for the reform of local self-government:

1) the pre-existing local feeding system hindered the further centralization of the state apparatus;

2) constant urban unrest in the 40s. XVI century;

3) arbitrariness of local authorities;

4) dissatisfaction with the existing system of government of the entire population of cities and townships, including the local nobility.

Local government reform associated with Decree of Ivan IV "Tsar's verdict on feeding and services" (1555-1556), who abolished the feeding system and everywhere introduced a new system of local self-government: lip and zemstvo institutions.

Lip institutions were organized on the basis of lip letters. The labial institutions initially carried out mainly judicial functions: they considered the most serious criminal cases removed from the jurisdiction of governors and volostels.

Gubernia institutions were originally formed in each province from existing institutions of local self-government. Even during their heyday, they did not spread throughout the entire territory of the Muscovite state, for example, they were not established in the northern provinces.

With the development of the system of labial institutions, lip districts in every county. At first, cities and volosts were the gubernatorial districts, but later one gubernatorial department was established in the uyezd. Sometimes they were installed in separate private estates.

Lipal departments were estate self-government bodies and were called "lip huts", in composition which included: the labial headman (he was elected from the boyars or boyar children at the general congress of the county); elders, tenths, the best people - kissers (they were with the labial elder and exercised their current powers; they were elected sotsk at the congress of the county); clerk (he was with the elders, tenth and best people; he was elected by all those present at the congress of all classes of the county).

The listed persons were initially elected indefinitely, but from the XNUMXth century. kissers began to be elected annually on general congress of the county.

Zemstvo and provincial authorities were elected from the entire zemstvo population, except for service people, after which they took the oath in the order of the local government in Moscow. As a result of the elections, an election protocol was drawn up, which was approved in Moscow in the corresponding order.

The competence of the labiums: capture of criminals; trial of robbers, murderers, arsonists; management of the lipo district; financial and administrative issues of the district; in some cities - command and control of the troops, voivodeship (this was carried out by labial elders).

Sometimes lip issues were resolved at congresses of representatives of all classes of the county, who had the right to decide on the formation (election) of lip authorities.

26. Stoglav 1551 Family and marriage law

Stoglav 1551 is the source of ecclesiastical law.

It was adopted in May 1551 at the Church Council in Moscow, which was chaired by Ivan IV.

Stoglav includes 100 chapters.

Its editions are divided into: long, medium and short.

Sources of "Stoglav":

1) the Bible;

2) Church charter;

3) other liturgical books;

4) various canonical collections;

5) historical and moral collections.

Stoglav 1551 had 2 main parts:

1) devoted to the regulation of church affairs;

2) dedicated to family law.

In Stoglav in relation to the church and its property were fixed:

1) inviolability of church property;

2) the exclusive jurisdiction of clergy to the church court;

3) church rites and duties were unified;

4) norms of intrachurch life.

In the field of regulation of family relations Stoglav 1551 was based on customary law. According to Stoglav, only church marriage had legal consequences. The consent of parents or guardians was required for marriage, except in cases where these persons were in captivity, were insane or went missing; The marriage age was set at 15 for men and 12 for women.

When concluding a marriage, an agreement of the parties (conspiracy, vault) should have been drawn up. His form - notarial, and its non-compliance entailed the legal liability of the violator and the payment of a penalty.

Legitimate considered for one person only 3 marriages. At the same time, a church wedding was possible only during the first marriage, and the second and third were blessed.

In addition to the consent of the parents to the marriage, "crown memory" was required, that is, permission for the marriage of the diocesan bishop.

The wedding was performed by the parish priest.

Divorce was allowed in exceptional cases. Previously established grounds for divorce are significantly reduced.

According to Stoglav termination of marriage is possible in cases:

1) physical death;

2) adultery - the main reason for divorce, it could only be used by a husband in relation to his wife;

3) prolonged absence of one of the spouses;

4) the husband's incapacity for married life or the wife's infertility;

5) prolonged and severe illness of the spouse;

6) tonsure of one of the spouses as a monk.

A conviction for a crime did not end a marriage. The wife and children in this case were responsible jointly with the husband.

The main principle of family relations according to Stoglav - the undivided power of a husband over his wife and parents over their children.

The wife always followed the fate of her husband: the husband had the right to "mortgage" her and give her to service bondage to "work to feed." The husband had the right to punish his wife if these punishments did not turn into self-mutilation.

Parents had the right to dispose of the marital fate of their children, to decide on their tonsure as monks, or transfer to servitude.

Features had guardianship of young children. Only relatives of the husband could be guardians, so a widowed mother who stayed with her children could not be a guardian. The authority of the guardian over the children continued until they came of age.

Property rights of spouses were equal, but the husband could not dispose of his wife's dowry without her consent. Spouses were responsible for debts not only with common property, but also in the event of the death of one of them - with their own.

27. Economic and political prerequisites for the formation of a class-representative monarchy in Russia, its characteristic features

Estates-representative monarchy - a form of state government in which the monarch (king) governs the state together with elected class-representative bodies.

Associate Professor S. M. Kazantsev believes that the estate-representative monarchy in Russia does not imply a rejection of absolutism, from an unlimited monarchical form of government.

During the period of the estate-representative monarchy in Russia, the monarch is the tsar, and the estate-representative bodies - zemsky cathedrals.

Prerequisites for class representation in Russia.

1. Economic background: to the XVI century. The economic situation in Russia has changed significantly:

1) manufactories appeared;

2) expanding trade relations with the West.

However, the economic rise of the state took place against the backdrop of expansion of the bureaucracy, which means an increase in public spending on its maintenance, there is a need to find new sources of funding for government institutions and military formations.

The tsar finds a way out in the representation of merchants in zemstvo cathedrals, thereby ensuring himself constant financial support from the merchant class and large merchants, and the receipt of the necessary funds in organizing the militia.

2. Political background:

1) foreign policy - zemstvo sobors as the new supreme body of the state, which included representatives of the boyars, the nobility, as well as the urban population, but only the propertied parts of it appeared due to the increased need to maintain major foreign policy events (waging war, trade relations with foreign states, etc.) . Through representative bodies, the tsar could pursue his own policy, regardless of the opinion of the Boyar Duma;

2) domestic - the uprising of the townspeople in Moscow in 1549 served as the first impetus for the convening of the Zemsky Sobor of Reconciliation. The tsar and his entourage thereby counted on calming down the protesters, as if involving not only the boyar and noble circles of the population, but also representatives of other estates, in governing the state. Zemsky Sobors included the tsar, the Boyar Duma, the clergy (Consecrated Cathedral), as well as representatives from the nobility, the upper classes of the townspeople (merchants).

Features of the estate-representative monarchy in Russia:

1) the short duration of this period, while in Western Europe the estate-representative monarchy existed for a longer time;

2) in Russia, the estate-representative monarchy mainly meant the transition from the early feudal monarchy to an absolute, and not an independent form of government;

3) in Russia there was no special legislation regulating the activities of zemstvo sobors and its relations with the tsar;

4) local governments during the period of the estate-representative monarchy were formed on the basis of election and representation from the local population;

5) in Russia, along with the system of class representation, there was a pronounced despotism of Ivan IV.

An important factor distinguishing the estate representation in Russia is also oprichnina as a special period of government Ivan the Terrible, during which terror against all segments of the population was the most severe. During the period of the oprichnina, all institutions or bodies that were somehow not pleasing to the tsar were dissolved or completely destroyed.

28. Bodies of estate representation, their competence and correlation with autocratic power

The main honors of the period of estate-representative monarchy is the presence in the system of authorities of the highest class-representative body - Zemsky Cathedral. It is with this moment that the beginning of the period of the estate-representative monarchy of the Russian state is associated (the convening of the first Russian cathedral in 1549, which included members of the Boyar Duma, the Consecrated Cathedral and elected from the nobility and towns).

In the 17th century. estate-representative monarchy has already acquired the character autocratic power.

supreme authority - tsar. His power was characterized by particular cruelty, terror against all segments of the population.

Boyar Duma was still considered the second highest authority, but its activities were very limited. This body gradually turned from a body that limited the activities of the king into an advisory body under the king. The quantitative composition of the Boyar Duma constantly increased.

Zemsky Cathedral - This is the main class-representative body. The Zemsky Sobor worked only during its convocation. His activities most widely developed during the period of the estate-representative monarchy (XVI-XVII centuries). The competence of the Zemsky Sobor was never clearly fixed and constantly changed, for example, the Zemsky Sobor elected the tsar after the end of the period of the Seven Boyars.

The main features of the Zemsky Cathedral:

1) this body included representatives from various classes, with the exception of residents of the "black lands": the boyars, the clergy, the nobles, the urban population (merchants and wealthy artisans);

2) there were no regulations for the work of zemstvo councils, the number of those present at the council was not established, it depended on the decree of the tsar, which was written before each new convocation;

3) participation in zemstvo sobors was not an honorable duty, it entailed material losses rather than benefits, so their participants were burdened by such a duty.

Powers of the Zemsky Sobor:

1) foreign policy (issues of war and peace);

2) proposals for the establishment of taxes;

3) the election of the king (after the 80s of the XNUMXth century);

4) discussion and adoption of laws.

The relationship between the tsar and the Zemsky Sobor was different in different periods. For example, in 1566, Ivan IV the Terrible executed many of the participants in the Zemsky Sobor who opposed the oprichnina, and in the XNUMXth century the role of cathedrals has increased significantly, since during the period of unrest this body maintained the unity of the state.

The withering away of class-representative bodies (Zemsky Sobors) served as a prerequisite for the formation in Russia absolutism. The last time Zemsky Sobors were convened in full force was in 1651 and 1653. After that, they gradually turn into advisory bodies of kings with representatives of the estates. For example, Alexey Mikhailovich и Fedor Alekseevich even during their reign, they held meetings several times with representatives of the townspeople and service people (the consequences of the former zemstvo councils). The competence of such meetings included the decision of questions of the corresponding class.

Since the period of a class-representative monarchy is unthinkable without the highest class-representative body (Zemsky Sobor), the end of this historical period is considered to be the reign of Alexei Mikhailovich, from which he ceases to assemble the Zemsky Sobor (1653 BC - the date of the last Zemsky Sobor).

29. Mandatory system of government and the system of local self-government in the period of a class-representative monarchy

Orders - bodies of the centralized control system, which originally developed from individual and temporary government orders issued by the Moscow Grand Duke for boyars and free servants. In general, an order is a private commission, not an organ. But in the XVI-XVII centuries. these "sole assignments" turned into complex and permanent government offices, called "huts" or "orders".

The allocation of orders occurred as a result of a gradual transition from the palace and patrimonial system of government.

Order comes from the word "order". Orders were headed by boyars, to whom clerks, clerks and assistants, clerks, were subordinate.

Order people, in addition to management, repaired the court. Main judge - head of the order (boyar).

Command control system:

1) State order (his competence included managing the treasury of the Grand Duke and his archive, all merchants, silversmiths and the money yard);

2) Palace order, or order of the Grand Palace (ruled the palace lands and their population);

3) stable order (he was in charge of the equestrian noble militia);

4) Discharge order (carried out management of the noble troops, accounting for service people, their ranks and positions);

5) Ambassadorial order (his competence included all external relations of the Russian state);

6) holopy order (included a stolnik and a clerk, managed domestic, bonded and other dependent people, their legal status, and their trial);

7) Rogue order (he headed the system of police and detective bodies, approved the posts of labial elders, kissers and clerks, considered cases of robberies at the second instance);

8) printed order (he was in charge of printing issues, supervision of scribes and publishers of books);

9) Pharmaceutical order (engaged in medical affairs);

10) Kazan, Siberian and Little Russian orders (their jurisdiction included the relevant territories; they were formed after the accession of these territories to the Russian state.

The entire territory of the Russian state during the period of the estate-representative monarchy was divided into counties (the largest administrative-territorial units), which in turn were divided into camps, and the latter into volosts. Special "ranks" (military districts) were established, and from the 30s of the XNUMXth century. a new system of local self-government began to take shape (labial institutions), according to which new judicial (labial) districts and districts of local self-government - zemstvos - were formed.

Zemstvo and provincial institutions were called, respectively, "zemstvo" and "lip huts", whose officials were elected to positions. Control and regulation of their activities were carried out by appropriate orders.

During the period of the estate-representative monarchy, special administration was still allocated in separate estates and estates.

Votchina This is unconditional hereditary land tenure. Within the limits of the patrimony, its owner completely independently carried out management, could appoint officials of the lipo institutions (they were not elected, as in other parts of the Muscovite state).

Estate - this is a conditional land tenure given for public service for its term. Within the boundaries of the estate, its owner did not have the rights of a patrimony.

30. Reforms of Ivan the Terrible

Period of reign Ivan IV associated with his reforms in the system of state and local government.

In 1547 Ivan the Terrible was crowned king. Since then, Russia has officially become monarchy. The king was the supreme ruler. The crowning of the kingdom was only a formality to the already significantly increased power of the sovereign.

At the same time, the power of the king is still limited Boyar Duma.

Ivan IV introduced a special system of terror - oprichnina.

A new supreme authority appeared (1549) - Zemsky Cathedral. These were representative bodies, which included:

1) upper house: tsar, Boyar Duma, clergy;

2) Lower Chamber: representatives from the nobility and the upper classes of the townspeople.

Zemsky Sobors did not work constantly, they were convened by decree of the tsar. The duration of their work depended on the substance of the issues under discussion.

The initiative to convene the Zemsky Sobor could belong to both the tsar himself and the estates. The competence of zemstvo issues was not clearly established. Significant are the cathedrals at which the tsar was chosen (16-year-old Mikhail Romanov).

Significant reform subjected to the whole state machine. Was formed voivodship-management system.

Orders were formed from pre-existing palace departments (stables). The competence of these orders was similar to the departments.

local order was engaged in the estates of service nobles, it was with the introduction of this body that the formation of a new system of land tenure (estates) was connected, their legal status was more and more equated with estates.

A special group was territorial orders (Kazan, Siberian), the introduction of which is associated with another merit of Ivan IV - the annexation of Kazan and Siberia. A special place in the system of orders was occupied military administrative orders.

An important place among the reforms of Ivan IV is army reorganization. Now the main troops were noble cavalry and archers (troops using firearms). To control the archers, a special Streltsy order. Military formations (personnel of the boyar and noble cavalry) were also in charge Discharge order. Cossack troops were controlled Cossack order.

During the reign of Ivan the Terrible, the system of filling positions in government bodies on the principle of locality, that is, on nobleness, nobility, was still preserved.

Reform state authorities of Ivan the Terrible affected and court and investigation system. A central police force was formed - Rogue order. His competence included the development of recommendations for local authorities on combating crime.

Ivan IV also changed the system of local government (Little Pinezhskaya zemstvo charter). Zemstvo and labial huts were introduced, dealing with: the first - with the management of the county, the latter - with questions of the court and investigation, with the exception of especially serious crimes (robbery).

Zemstvo and provincial institutions were elected. Their members were elected from among the population living in the county (by class), and not, as was previously the case, were appointed from the center. The system of local self-government began to emerge.

The central government remained in the localities. In the cities there were governors who were supposed to ensure the financial control of the state on the ground.

31. Causes and stages of enslavement of peasants

The period of estate-representative monarchy, which in turn is a period of developed feudalism, is characterized by one of the most important events in this area - complete enslavement of the peasants.

The first legal act in the direction of enslaving the peasants was Sudebnik 1497, who were allowed to transfer peasants from one landlord to another only during the week before and the week after the autumn St. George's Day, subject to payment of the elderly. This fee has been increased Sudebnik 1550 Since 1581 "reserved years" are introduced, during which even the established passage of peasants is prohibited. The scribe books that were compiled in 50-90s XVI century., became a documentary basis in the process of attaching peasants. From the end of the 5th century. decrees began to be issued on “time limits”, which set the time frame for the search and return of fugitive peasants (from 15 to XNUMX years). And finally, the final act of the process of attaching peasants to the land was Cathedral Code of 1649, which canceled the "lesson years" and established the perpetuity of the investigation.

According to the Council Code of 1649, the peasants were finally attached to the land. But then serfdom began to resemble serfdom, since the peasants began to attach themselves not to the land, but to the personality of the landowner, who received the right to alienate his serfs by selling, mortgaging, donating, etc.

By the end of the 17th century. landowners began to openly sell their peasants, although this was prohibited by the Council Code of 1649.

The enslavement of peasants was carried out in two ways.:

1) foreign economic;

2) economic (enslaved).

In the XV century. existed two main categories of peasants: old-timers and newcomers.

Old-timer peasants - the main population of feudal estates or state lands, opposed "newcomers", peasants, again called by the feudal lords to their estates from other principalities.

old-timers - these are peasants who have long lived on the land of their feudal lord and perform certain feudal duties in his favor. Old-timers are called people "from time immemorial" and "vulgar", that is, old. Together with the liquidation of specific principalities, the possibility of "recalling" peasants from principality to principality disappears.

In addition, in the form of dependence peasant could be

1) ladle - communal peasants who transferred their plots of land to the feudal lords. For the right to use the land of the feudal lord, ladles were obliged to give half of their crop. Polovniki had the right to leave the landowner after the expiration of the contract, paying off the debt. In Pskov, ladles were divided into isornik plowmen, gardeners and nomads, that is, fishermen. They were united by the fact that they did not live on their own land, but in the village of the "sovereign". The law established general rules governing the departure of an isornik from his master: once a year, in late autumn, and subject to the payment of all debts;

2) silversmith (work for interest).

Foreign economic dependence was manifested in the institution of serfdom. The latter has changed considerably since the time of the Russian Truth: the sources of servitude are limited, the incidence of release of slaves becomes more frequent. The law limited the entry into servitude from admission into bondage. The development of bondage serfdom led to the equalization of the status of serfs with serfs.

32. General characteristics of the cathedral code of 1649

On July 16, 1648, the tsar and the Duma, together with the council of the clergy, decided to harmonize and bring together in one code all the sources of the law in force and supplement them with new regulations.

Draft Code was a commission of boyars: prince Odoevsky, prince Seeds of Prozorovsky, roundabout prince Volkonsky and Dyakova Gavrila Leontiev и Fyodor Griboyedov. At the same time, it was decided to convene the Zemsky Sobor for consideration and approval of this project by September 1. Ultimately, the discussion of the Code was completed in 1649. The original scroll of the Code, found by order of Catherine II by Miller, is currently kept in Moscow. The Code is the first of the Russian laws, published immediately after its approval. 1st time The code was printed April 7-May 20, 1649. Then in the same, 1649 (August 26-December 21). When the third edition was made under Alexei Mikhailovich is still unknown. Since then, the printing of laws has been a necessary condition for the publication of laws.

Significance of the Council Code of 1649 great, since this act is not only a code of laws, but also a reform that gave an extremely conscientious response to the needs and demands of that time.

Cathedral Code of 1649 is one of the most important legal acts adopted at a joint meeting of the Boyar Duma, the Consecrated Cathedral and elected from the population. This source of legislation is a scroll 230 m long, consisting of 25 chapters, divided into 959 handwritten columns, printed in the spring of 1649 in a huge circulation for its time - 2400 copies.

Conventionally, all chapters can be combined into 5 groups (or sections) corresponding to the main branches of law: Ch. 1-9 contain state law; ch. 10-15 - the charter of legal proceedings and the judiciary; ch. 16-20 - real right; ch. 21-22 - Criminal Code; ch. 22-25 - additional articles about archers, about Cossacks, about taverns.

Sources in the preparation of the Code were:

1) "Regulations of the Holy Apostles" and "Regulations of the Holy Fathers";

2) Byzantine legislation (as far as it was known in Russia from helmsmen and other ecclesiastical-civil legal collections);

3) old code of laws and statutes of former Russian sovereigns;

4) Stoglav;

5) legalization of Tsar Mikhail Fedorovich;

6) boyar sentences;

7) Lithuanian statute of 1588

Cathedral Code of 1649 for the first time determines the status of the head of state - autocratic and hereditary king. The attachment of peasants to the land, the township reform, which changed the position of the "white settlements", the change in the status of the patrimony and estate in the new conditions, the regulation of the work of local governments, the mode of entry and exit - formed the basis of administrative and police reforms.

In addition to the concept of "dashing deed" in the meaning of "crime", the Council Code of 1649 introduces such concepts as "theft" (respectively, the offender was called a "thief"), "guilt". Guilt was understood as a certain attitude of the offender to the deed.

In the system of crimes, the following criminal-legal structures were distinguished: crimes against the church; state crimes; crimes against the order of government; crimes against decency; malfeasance; crimes against the person; property crimes; crimes against morality; war crimes.

33. Forms of land tenure according to the Council Code of 1649

First of all, in the Cathedral Code of 1649, it received consolidation feudal land ownership. The legislator singled out the issue of local and patrimonial lands in separate chapters. The landowners had only the right to own and use their estates.

Estates by law of the XVI-XVII centuries. divided into several types in accordance with:

1) the nature of the subject: palace, state, church, private.

2) acquisition method: ancestral, served and patrimonial. Moreover, the status of ancestral and served estates differed from the status of purchased ones. So, after the death of a votchinnik, the ancestral and served estates were inherited by his sons, daughters and relatives, while the wife of the deceased received a living only from the purchased estates, only in the absence of them, she was assigned part of their ancestral and served estates for life or until the widow marries. For the redemption of a sold, bartered or mortgaged ancestral patrimony, the right of ancestral redemption was established, which was valid for 40 years (it did not apply to purchased patrimonies). The Code forbade selling, pawning or giving away the souls of the patrimony to monasteries and churches. In addition, if the votchinnik himself went to the monastery, he had to sell or transfer his votchinas to relatives before that.

The clan redemption was technically carried out by one person, on behalf of the clan as a whole, and not by the person who redeemed it. The price of the redemption transaction usually coincided with the sale price. Particular attention was paid to the regulation of the circle of persons who were allowed to redeem a sold or mortgaged estate: descendants of the seller, as well as lateral ones who took part in the transaction, were excluded from the redemption.

Subject of ownership on the purchased estates there was a family (husband and wife), this type of estates was acquired by the spouses jointly at their common funds. The consequence was the transfer of the patrimony after the death of one of the spouses to the survivor. However, after the death of the widow who owned the purchased patrimony, the right to the patrimony did not pass to the clan of the deceased, but to the clan of the husband, which indicated that this form of land ownership did not belong to an individual spouse, but to a married couple.

The initial condition for the use of the estate was real service, which began for the nobles from the age of fifteen. In relation to the already established estate, there was a presumption according to which the person endowed with land should have treated it as his own, which was also associated with his orientation in the areas of exploitation and disposal of the estate. It should be noted that in the system of economic relations the estate did not stand out in any way from a number of other economic and legal forms, which was a trend towards their convergence.

The Code is known institution of easements - legal restriction of the right of ownership of one subject in the interests of the right of use of another or others. The legislator stated:

1) personal easements - restriction in favor of certain persons, specifically stipulated in the law (for example, grassland damage by warriors in the service, the right to their entry into forest land owned by a private person);

2) servitudes in rem - restriction of property rights in the interests of an indefinite number of subjects (for example, the ability to build a stove against the wall of a neighbor's house or build a house on the border of a neighbor's plot).

34. Public and criminal law according to the conciliar code of 1649

Public law according to the Code provided for:

1) Ch. 1 Codes - the royal power took under the protection of the Christian dogma;

2) Ch. 2 "On the sovereign's honor and how to protect his sovereign's health" is divided into 2 parts - against state honor and against health (intent on health, various types of betrayal of the king and the state, a conspiracy against the king and governor in the field). State crimes - any actions directed against the person of the sovereign or his family (treason, conspiracies, relations with the enemy). For such crimes, liability was provided not only for the person who committed it, but also for his relatives and friends;

3) Ch. 3 "About the sovereign's court, so that there is no outrage and abuse from anyone at the sovereign's court";

4) Ch. 4 "About subscriptions and which seals are forged";

5) Ch. 5 "About money masters who will learn how to make thieves' money";

6) Ch. 6 "On travel letters to other states";

7) Ch. 7 "On the service of all military men of the Moscow state";

8) Ch. 8 "On the redemption of prisoners of war";

9) Ch. 9 "About myty, and about transportation, and about bridges."

The Council Code did not provide for definitions of the concept crimei.e. the wrongfulness of the act was not clearly defined. However, a crime was understood as a violation of the royal will and law.

The most complete presentation: crimes against property (simple and qualified crime, robbery and robbery, ordinary or qualified, fraud, arson, forcible taking of another's property, damage to another's property); malfeasance and crimes against the order of administration (bribery, false sentences, forgery of documents, false oath, violation of the order of justice, etc.).

As the subjects of crimes representatives of all classes were recognized. The criminals were divided into major and minor. Among the physical and intellectual accomplices stood out accomplices, connivances, non-informers, concealers. There was no punishment for random acts. The law did not always clearly enough define random non-punishable action and forms of guilt. He does not know clear definitions of these concepts. The Code also knew the institution of necessary defense, but without certain limits. The same applies to extreme necessity. Significantly more detailed than before, complicity, harboring, the same punishment were defined.

According to the subjective side of the crime, they were divided into intentional, careless and accidental, that is, the inquisitorial principle of objective imputation operated. In the objective side, mitigating crimes (state of intoxication, uncontrollability (affectivity) of criminal acts) and aggravating circumstances (repetition, great harm, commission of a crime by a group of persons by prior conspiracy, etc.) were distinguished.

As the objects of crimes recognized state, church, family, personality, property, morality.

The system of punishments was characterized by such signs as: individualization of punishment (the wife and children of the offender were not responsible for the act committed by him); class character of punishment (for the same crimes different subjects bore different responsibility); uncertainty in the establishment of punishment (until the last time, the method of execution of the punishment remained unclear).

35. History of codification in Russia

The first attempt to systematize legal norms in the XVIII century. was undertaken by the existing 1700-1703 Chamber on the Code, the main task of which was to bring it into line with the Code of Laws of 1497 and 1550. and the Cathedral Code of 1649 of the entire array of newly adopted in the second half of the XVII century. regulations. In addition, it was necessary to update judicial and administrative practice by incorporating new rules of law into it. The Chamber of the Code was by 1703 new book project, it retained the structure of the Council Code of 1649 (25 chapters), but its norms were significantly updated. The newly laid book was not approved by the king.

В 1720-1725 operated in St. Petersburg Standing commission, in which the texts of the Council Code of 1649, the Pilot's Book, the Military Regulations, the Naval Regulations, Swedish and Danish laws were involved. The main direction of codification work at that time was the allocation of norms aimed at strengthening and protecting the state interest. In 1725, the Legislative Commission prepared draft of the new Code, which included 4 books: “About the process, that is, about the court, place and persons belonging to the court”; “On the process in criminal, investigative and torture cases”; “About atrocities, what fines and punishments follow”; “On civil or civil affairs and on the state of all economy”, a total of 120 chapters, divided into 2000 articles. However, after the death of Peter I and the Supreme Privy Council coming to power, codification work was curtailed. Nevertheless, under Peter I there were still the following codes have been approved: Military article (1714-1715), General regulations (Charter of collegiums) (1720), Clauses on patrimonial affairs (1725).

The Codification Commissions of the Senate, without much success, worked under Anna Ioannovna.

With approval Elizabeth in 1754 started work new statutory commission, the task of which was again the processing of the old and the creation of a new system of law.

In 1755 Parts I and IV of the Code were submitted to the Senate, which, after discussion together with the Synod, submitted them for approval to the empress. However, due to political events (the Seven Years' War), work on the Code was suspended.

Since 1760 it resumed: changes were made to the second part of the project, in particular those related to projects for the abolition of the death penalty. AT 1761 BC The Senate issued Decree on the convocation of class representatives (from the nobility and merchants) to discuss and approve the project. With the death of Elizabeth, that is, from December 25, 1761, work on the Code was suspended.

Deputy Chancellery Speransky planned to carry out:

1) full publication of all laws (from 1649 and up to its time) - this item has been completed;

2) create incorporations, draw up a code;

3) create a new Code.

In 1830 all the most important laws of the Russian Empire were issued. Rules of law are set out by institutions (systematic method).

It is based on the dualism of two principles (private and public law).

Public law - laws of the state union, which were divided into: basic laws; institution laws; estate laws.

Private right - laws were divided into determinative and protective.

The first Civil Code in Russia appeared in 1922 under the Bolsheviks. The Criminal Code was adopted by the Soviet government in 1919 В 1926 BC - new edition of the Criminal Code. The last major codification was made in 1963-1964

36. Prerequisites for the emergence of an absolute monarchy in Russia, its features

Legal definition of autocracy is contained in article 20: "His Majesty is an autocratic monarch who should not give an account of his affairs to anyone in the world; but he has his own states and lands, like a Christian sovereign, to rule according to his will and good thinking."

В October 1721 in connection with the victory in the Northern War The Senate and the Holy Synod confer on Peter I the title of "Father of the Fatherland, the Emperor of All Russia". The doctrine that power exists in the interests of the state and for the state was carried out in Moscow by Yuri Kryzhanich, then Feofan Prokopovich in "The Truth of the Monarch's Will".

The emperor had the right to make any laws. The will of the monarch was recognized as a single legal source of law.

Monarch - the source of executive power and the head of all state institutions. The presence of the monarch in a certain place terminated the entire administration, and power passed automatically to the monarch. All institutions of the empire had to carry out the decrees and decrees of the monarch, who was the supreme judge and source of all judicial power. He could decide any cases regardless of the decision of any judicial authorities.

The Emperor - actually the head of the Russian Orthodox Church. AT 1721 BC was educated Synodwhich was subordinate to the Senate. The Church has become a public institution on a par with any other collegium (with some reservations). Thus, the monarch became the legal head of the church. The decisions of the monarch were not subject to discussion. Accordingly, the ideological role of the church was lost.

К late XVII-early XVIII centuries. in Russia all the typical signs of an absolute monarchy:

1) centralization of state administration, strengthening of state control (in 1722, the prosecutor's office was established). By the end of the XVII century. the number of governors increased to two hundred and fifty, they concentrated all administrative, judicial and military power in the field, obeying the center, and at the end of the XNUMXth century. larger administrative units were formed - ranks;

2) class-representative bodies fell into decline (in particular, zemstvo councils ceased to be convened);

3) a strong professional bureaucracy was created (this was facilitated by the replacement of orders by colleges);

4) Russia in 1721 became an empire, its expansionist aspirations intensified;

5) the legal status of various estates was legally regulated;

6) the main support of the autocracy was the consolidated layer of landlords-landowners ("gentry");

7) patriarchal ideology began to dominate in society (it was not for nothing that since 1721 Peter I was officially called the "father of the Fatherland").

The driving forces and conditions for the formation of an absolute monarchy in Russia differ markedly from the prerequisites for the emergence of absolutism in Western Europe. For example, absolute monarchy in Europe took shape under the conditions of the development of capitalist relations and the abolition of old feudal institutions (especially serfdom), while absolutism in Russia coincided with the development of serfdom. Consequently, many authors traditionally attribute the emergence of absolutism in Russia to the period of the Petrine reforms, believing that the autocracy of the XV-XVII centuries. cannot be regarded as an absolute monarchy.

37. Reforms of feudal landownership and estate reforms of Peter the Great

Prior to the reign of Peter I in Russia, there were no clear legal distinctions between the various estates. Most of all, the upper classes were reformed by Peter I.

В 1714 BC Petrovsky decree "On single inheritance" was introduced primogeniture. According to this decree, all landlord (and patrimonial) land could be inherited only by the eldest son, and in his absence - to one of the daughters. By issuing this decree, the government received the necessary personnel, since the younger sons of the deceased nobleman, losing their inheritance, had to earn a living in the public service. Moreover, only one of the three brothers could go to serve in the civilian sector.

During this period, there is an increase in the personal dependence of peasants on the nobility, which is especially associated with the publication by Peter I of the decree "On the prohibition of the sale of peasants without land." Since that time, the division into peasants and serfs has disappeared, which was in no way contributed to reform of Peter I on the poll tax, which also did not distinguish between them.

The following groups stood out in the peasantry: possessive peasants (peasants belonging to factories and factories); state (former black-haired) peasants; palace (carried corvée or quitrent in kind and were controlled by representatives of the palace authorities); church (were under the jurisdiction of a specially established College of Economy); privately owned.

Changing the status of the clergy (as well as the Russian Orthodox Church as a whole), Orthodox priests actually became state officials, and the Russian Orthodox Church became one of the state institutions.

The urban population was divided into 3 guilds:

1) first guild - wealthy privileged urban residents (bankers, jewelers, ship owners, wealthy merchants with a capital of 10 thousand to 50 thousand rubles);

2) second guild - smaller merchants and artisans (with capital from 5 to 10 rubles);

3) third guild - the rest of the urban population.

Under Peter I, the Boyar Duma stopped meeting, but the need for an advisory body did not disappear, therefore, it was initially replaced by a council of ministers, and later, in 1711 BC, - Senate, which was created by Peter at the time of his departure on a campaign as an organ that replaced him during his absence, but remained active after that. The Senate was a body with advisory, executive and judicial powers, and gradually even received some opportunities to make decisions that are in the nature of the law and are binding (but they could very easily be canceled by the king).

In the time of Peter the Great, a lengthy process of legally equalizing estates and estates was completed.

Decree of March 23, 1714 "On the order of inheritance in movable and immovable property" expanded the land rights of the nobles, established a single legal regime for estates and estates. Estates and estates began to be called real estate. In order to strengthen the economic position of the nobility, it was forbidden to mortgage real estate and, as a rule, sell it. It could be sold as an exception "for need" and with the payment of a high fee. In order to avoid fragmentation of land holdings, real estate was inherited only by one son. The right of redemption of real estate was recognized for the heirs within 40 years.

38. Letter of commendation to the nobility of 1785. Letter of commendation to the cities of 1785

В 1785 Catherine II was published Complaint to the nobility, which secured the rights of the nobles to engage in industrial and commercial activities, thereby opening up new prospects for the estate.

The charter to the nobility consisted of an introductory manifesto and four sections (92 articles). It established the principles of organizing local noble self-government, the personal rights of nobles and the procedure for compiling genealogies of noble books.

The charter granted to the nobility was a codification of the legislation on the status of the nobility.

The nobles were assigned:

1) personal rights: bodily integrity (the nobles were not subjected to corporal punishment and torture); the right to heraldry (coat of arms); exemption from compulsory public service, first approved by Peter III in the Manifesto on Liberty to the Nobility of 1762. According to the named Manifesto, everything that the nobles were rewarded for their service became their privileges;

2) property rights: monopoly on the possession of populated estates; the right to own subsoil on the landowner's land (in contrast to the decree of Peter I, who left the subsoil to the state); exemption from taxes and duties; the right to any business activity not prohibited by law (except for retail trade); distillery monopoly.

Nobility assemblies were created at the county and provincial levels, which elected the appropriate leaders of the nobility. The nobles elected their class judges (for the county courts and the upper zemstvo courts) and even some of the officials.

The charter granted to the nobility in 1785 summed up all the already established advantages of the noble class. Some of them were the result of the recent emancipation of this class - freedom from compulsory service, the right to protect the inviolability of their class privileges by judicial protection; others - the exclusive right to own land, freedom from taxes - were old advantages left over from the enslaved regime, but now they also received a new meaning; from the natural consequences of compulsory service, they also turned into class privileges based solely on the dignity of the noble rank. In addition, the charter created corporate initiative of the nobility in the sphere of its class interests by establishing noble provincial societies, endowed with certain rights as legal entities.

В 1785 BC Catherine II published Complaint letter to cities, which was a codification of legislation on the status of the urban population.

The charter to the cities was published simultaneously with the charter to the nobility in April 1785. It consisted of a manifesto, 16 sections and 178 articles.

stood out 6 categories of urban population. City merchants were divided into guilds based on the size of their fortunes. The urban intelligentsia, bankers and capitalists made up a layer of honorary (eminent) citizens who had the rights of personal nobles. The petty-bourgeois tradesmen made up a significant stratum of the city dwellers. The tradesmen who were engaged in crafts received the legal status of artisans. As part of the Letter of Complaint to the cities 1785 BC entered a special Craft charter. Separately, foreign citizens, as well as non-residents, were singled out. All other townspeople were included in the latter category.

In the cities, city dumas were created, which were led by mayors (mayors).

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.

40. The highest authorities and administration in the first quarter of the XNUMXth century

In the first quarter of the XVIII century. Numerous reforms of the supreme bodies of power and administration took place. These reforms are usually divided into three stages:

1) 1699-1710 - partial transformations;

2) 1710-1719 - the liquidation of the former central authorities and administration, the creation of the Senate, the emergence of a new capital;

3) 1719-1725 - the formation of new bodies of sectoral administration, the implementation of the second regional reform, the reform of church administration and financial and tax.

It has gained paramount importance Near office, at the meeting of which 1705 BC

no more than 20 people took part. Real power was wielded by the Council of Ministers, which met in the building of the Near Chancellery - the council of heads of the most important departments under the tsar.

The next step in the reform of the central authorities was the creation Senate, which was formed in 1711. Its members were appointed by the king. The Senate initially consisted of only nine people who decided matters collectively. From 1718 to 1722 this body became the meeting of the presidents of the colleges, and in 1722 it was reformed by three decrees of the emperor. This reform turned the Senate into supreme body of central governmentwho stood above the entire state apparatus. AT its competence included issues of justice, treasury expenses and taxes, trade, control over the administration of various levels.

In order to oversee the activities of the administration under the Senate, a position was established chief fiscalto which they were to be subject provincial fiscals. Reported denunciations by the fiscals to the Senate on a monthly basis reprisal chamber, restored in 1712. Dissatisfied with the work of fiscals, Peter I established a position under the Senate in 1715 auditor general, or overseer of decrees. In 1722, the Prosecutor General was entrusted with the leadership of the work of the senators. P. I. Yaguzhinsky (1683-1738).

В 1718 BC with the establishment collegiums all administrative functions of the Senate are transferred to collegiums.

The Senate became the general meeting of the presidents of the collegiums. It was not a permanent body, but temporary meeting presidents, which met, if necessary, for a joint decision on some matter. The department of the Senate included issues that were not regulated by any collegium. In other words, there was practically nothing left for the Senate, since the system of colleges covered all the main areas of public life.

The collegiate system provided for the systematic division of the administration into a certain number of departments, which in itself created a higher level of centralization. In total, by 1721, there were 12 colleges: foreign, military, admiralty, staff offices (management of all government spending), revision (control over income and expenses), commerce, berg college (mining), manufactory college (industry), chamberlain (palace), justice , patrimonial and chamber board (taxes and fees). In addition, the chief magistrate, who ruled the city estate, and the Holy Governing Synod, were on the rights of the colleges.

В 1722 BC posts were also created racketmaster и king of arms. The first accepted and considered complaints about red tape or unfair decisions of the collegium, reported about it to the Senate, and in some cases to the sovereign himself. The king of arms was in charge of the entire service of the nobles, and they all (men) had to serve for life.

41. Administrative-territorial structure of Russia and local self-government of the XVIII century

In 1708-1719. A reform was carried out that completely changed the system of local government. At the end of 1708, Peter the Great issued a decree on the division of Russia into 8 extensive administrative districts, which were called provinces:

1) Moscow (in this province there were 39 cities);

2) Ingrian (or St. Petersburg);

3) Kyiv (this province included 56 cities);

4) Smolensk;

5) Arkhangelsk;

6) Kazan;

7) Azov;

8) Siberian (this province included 30 cities).

В 1713-1714 the number of provinces increased to 11. According to M. A. Isaev, such an administrative-territorial division was aimed at providing financial support to various "branches of the state." As an example, we can take Smolensk, Poltava and Arkhangelsk provinces, which were supposed to finance the Baltic Fleet, the land army and the state bureaucracy, respectively.

At the second stage of the reform, the provinces were divided into 45 provinces, which in turn were subdivided into districts (later this term was replaced by county). The provinces were headed governorsappointed by the king. In their authority included: maintaining the civil administration of the provinces; command of the troops stationed in the territory of the province. In addition, the governors united the judiciary in their hands. Their assistants were vice governors. Engaged in office work provincial office. Under the governors, there were landrat councils.

Landrats were established according to the Livland model: in large provinces, 12 each, in medium ones - 10 each, in smaller ones - 8 each. Under the chief commandants, there were half as many of them. They also constituted a collegiate institution chaired by the governor.

In addition to the governor, composition of the provincial government included:

1) landrichter - provincial judge (since 1719 he was replaced by a court court);

2) chief commissar in charge of finances;

3) chief food officer, who was in charge of grain supplies for the army;

4) manager of palace estates.

At the head of the provinces were placed governorswho also had their assistants. These were the chamberlain (he was in charge of collecting all taxes and taxes, procuring food for the army); rent-meister, or treasurer (was engaged in the reception, storage and release of public funds); chief commandant (governor of a provincial town, head of the local garrison, head of the recruitment office) and waldmeister (harvested ship timber and guarded forests).

At the head of the districts, or counties, were elected from among the nobles - zemstvo commissars, whose assistants were the lower commissars, bridge overseers, etc.

Primary goal of all local government reform was to provide the army with everything necessary.

В 1775 BC was produced provincial reform, which again changed the administrative-territorial division of Russia. At the same time reduction in the number of boards, only three the most important, while the powers of others are transferred to the provinces, the number of which is almost doubled (about 50), provinces are abolishedBut counties remain. Along with the vice-governor, the post of governor-general appeared, to whom from 1 to 3 provinces, along with the military, were subordinate, and he himself was personally subordinate to the empress. A provincial government, state chambers, and an order for public charity were created.

42. Judicial system and police authorities in the XNUMXth century

For the judicial function were established first sole landrichters, and then (January 8, 1719) and collegiate courts of law of presidents and assessors chaired by Oberlandrichters. Collegiate "provincial" courts chaired by ober-landrichters were established in large cities, and city judges were established in small towns.

Peter I sought to implement the principle of separating the court from the administration, which was never fully implemented. The governors, without interfering in legal proceedings, could stop the execution of court decisions, although they were responsible for an unfounded protest.

В 1722 BC the court was reunited with the administration. The governor presides over the courts. As for the provincial courts, the governor and one or two assessors acted as judges. Sometimes the latter were seconded to remote cities of a given province for a sole court.

Peter created system of military and naval courts.

There prosecutors, which were created from above: first, in 1722, the rank of prosecutor general was created, then the fiscals (already created in 1711 as employees of the body of secret supervision) were reassigned to him. At first, the prosecutor's office was a body of general supervision, in addition, the prosecutor general supervised the Senate.

During the reform 1775 BC an attempt was made to separate the court from the administration, i.e., the courts were not subordinate to local executive bodies. Class courts were created (for the nobility, the judge was a nobleman, for the townspeople - a city dweller, but for the peasants there could also be a nobleman).

There are two types of courts:

1) for nobles - county and upper zemstvo court;

2) for citizens - city magistrate, provincial magistrate;

3) for peasants - the lower massacre in the county and the upper massacre in the province.

Then it is created state court, divided into a civil chamber and a criminal law chamber. This court consisted of officials who were appointed by the state. It was of an appeal nature, and its decisions could be appealed to the Senate.

Court of Appeal dealt with in the same manner as in the first instance. An appeal can be filed with any outcome of the court, but then it was purely formal and dragged on (due to the lack of means of communication) sometimes for a decade.

В beginning of the 18th century. a new body appears in the system of the state apparatus - police, which performed an important task of protecting the feudal system.

Initially, police bodies were created in St. Petersburg and Moscow. AT 1718 BC position is established police chief general Petersburg, in 1722 BC in Moscow - chief police chief. They headed the offices of police chiefs. The police relied in their activities on the elders of the streets and tenths, elected from merchants and artisans. The competence of the police was extensive: maintaining order, fighting crime in the city, urban improvement, catching runaway peasants, and firefighting measures.

Prisons occupied a prominent place among the punitive organs. According to the Council Code of 1649, imprisonment as a measure of punishment was provided for in 40 cases; This measure was also applied according to the Military Article of 1715.

43. Military reform of Peter I

Military reform - the main link in the chain of Petrine state reforms. AT 1699 BC - beginning of formation army recruitment system, the essence of which was that every 20 peasant or petty-bourgeois households in the Great Russian provinces had to put one recruit into the army at a certain time. The recruit service lasted 25 years, the officers served for life.

The latter was reinforced decree of unanimity. In addition to the fact that the difference between the estate and the patrimony was completely erased, the decree forbade the crushing of real estate, that is, land when it was inherited. Land could be bequeathed only to one of the sons, and in their absence - to one of the daughters. By issuing this decree, the government received the necessary personnel, since the younger sons of the deceased nobleman, losing their inheritance, had to earn a living in the public service. Moreover, only one of the three brothers could go to serve in the civilian sector.

С 1699 to 1725 was produced 53 recruit kits, of which: 21 main and 32 additional. A total of 284 men were taken into the army. The main military unit was the regiment (187 people). The regiments were united into brigades (1200-2 regiments). Three brigades made up a division. In total, by 3, Peter's field army consisted of 1721 regiments (about 73 thousand people).

During the same period, it was created military garrison system, which consisted of 55 regiments with a total number of 74 thousand people with 10 thousand guns. In total, the ground armed forces were armed with up to 15 thousand artillery pieces.

Under arms, Peter I had about 340 thousand soldiers and officers.

By the end of the Northern War, Russia had 29 battleships, 6 frigates, 208 galleys and other vessels in the Baltic. At the same time, the Caspian flotilla was built, numbering about 300 ships.

For the training of officers were created special schools (navigation, artillery, engineering), but the guards regiments - Preobrazhensky and Semenovsky - served as the main military-practical school for training officers for army regiments.

Guards - the first and most perfect creation Petra. These two regiments - 6 thousand bayonets - could compete with the best regiments of Europe in combat training and military spirit.

By the end of the reign of Peter in the country were designated two management structures - civil and military. The guard was the elite of the second structure. The civilian apparatus, in comparison with the guard, was unorganized, thieving, devoid of the consciousness of its mission, which was so strong in the guard. The Guard stood high above the apparatus and ruthlessly controlled it.

The management of the armed forces was entrusted to the Military and Admiralty Collegiums.

In 1719 was put into effect Military charter, which regulated the composition and organization of the army, the relationship of commanders and subordinates, the duties of army officials. In 1720 was adopted Maritime charter.

В October 1721 in connection with the victory in the Northern War, the Senate and the Holy Synod proclaimed Peter I Emperor of All Russia, great and father of the Fatherland. Russia has become an empire. The emperor, according to the provisions contained in the Military Articles, the Naval Charter and the Spiritual Regulations, had broader powers than the king in the XNUMXth century. The emperor was the supreme commander in chief and was at the head of the order and award systems of the empire.

44. Code of punishment for criminal and correctional 1845

The Code of Criminal and Correctional Punishments was a big step forward in the development of the criminal legislation of the Russian Empire. However, he still carried a heavy burden of feudal principles and prejudices.

According to the Code of Criminal and Correctional Punishments of 1845 No. a crime defined as a wrongful act. This definition does not establish a clear distinction between a crime and a misdemeanor.

The Code of Penal and Correctional Punishments of 1845 defines the forms of guilt, the conditions for exemption from criminal liability (such as minority, mental illness, etc.).

According to the Code of 1845

grounds eliminating the imputation, were: accident; minority (up to 10 years of imputation was excluded, from 10 to 12 it was conditional); madness; madness; unconsciousness; error (accidental or the result of deception); compulsion; irresistible force; necessary defense.

The subjective side was divided into:

1) intent: with premeditated intent; with sudden impulse, unpremeditated;

2) imprudencein which the consequences of the act could not be easily foreseen; harmful consequences could not be foreseen at all.

The Code distinguished complicity in a crime: by prior agreement of the participants; without prior agreement.

The accomplices shared on: instigators, accomplices, negotiators, instigators, accomplices, connivances, harborers.

Crime system included twelve sections, each of which was divided into chapters and sections. The most important were crimes against faith, state, against the order of government, official, property, against deanery, state laws, against life, health, freedom and honor of individuals, family and property.

Classification of crimes (according to the Code of Criminal and Correctional Punishments of 1845):

1) religious (about 80 types): blasphemy, seduction of the Orthodox into another faith, etc.;

2) state (about 20 types): high treason, rebellion, attempt on the emperor, etc.;

3) crimes against the order of administration: disobedience to superiors, etc.;

4) malfeasance: bribery, being late for work, etc.;

5) crimes against a person: murder, etc.;

6) crimes against property: robbery, robbery, etc.

The punishment system was a complex hierarchy of criminal and correctional punishments. The code provided for 11 kinds of punishments, divided into 35 steps (from the death penalty to suggestion).

Punishments (according to the Code of Criminal and Correctional Punishments 1845):

1) criminal, which were accompanied by the deprivation of all rights of the state: the death penalty (appointed only for political crimes); hard labor (from 5 years to life) with subsequent settlement in Siberia; life exile in Siberia; exile to the Caucasus (appointed for religious crimes, not appointed to the military);

2) correctionalwhich were accompanied by the deprivation of only some of the rights of the state: corporal punishment (for example, beating with a whip, branding); exile to Siberia for a certain period; short-term imprisonment, which could be implemented either in a fortress or in a prison); fine; brief arrest; rebuke.

45. Legal status of Poland within the Russian Empire. Ukrainian autonomy in the XVII-XVIII centuries

Polish and Lithuanian lands became part of Russia as a result of the third partition of Poland in 1795. As a result of the Congress of Vienna in 1815, during the period when most of the Warsaw Grand Duchy was re-annexed to Russia, Alexander I granted Poland, which received the status of a kingdom, a constitutional charter. The Emperor of Russia became at the same time the King of Poland. FROM 1818 BC in Poland, a legislative council began to be elected by the gentry and townspeople The Sejm. It was convened in 1820, and in 1825 the executive power was concentrated in the hands of the viceroy of the tsar, with him the State Council acted as an advisory body.

In Poland, local law was preserved, even the army, the budget and other attributes of statehood. For example, Poland, as before, was divided into voivodships, and not into provinces.

After the Polish uprising 1830 Nicholas I replaced Alexander's Constitutional Charter of 1815

Organic statute of 1832, resulting in Polish The Sejm was abolishedvoivodeships were transformed into ordinary Russian provinces, later other elements of Poland's autonomy were gradually abolished, in 1866 The Kingdom of Poland was finally transformed into the Warsaw General Government, although the All-Russian Emperor retained the name of the Polish Tsar in his official title.

Ukrainian autonomy in the XVII-XVIII centuries.: in 1654, according to the decision of the Zemsky Sobor, Ukraine was annexed to Russia (primarily Left Bank Ukraine, as well as Kyiv). As part of Russia, Ukraine was given a special status: the Ukrainian system of government, headed by a hetman elected by the military (general) council, and Ukrainian law were preserved. Under the hetman there was a general foreman (Ukrainian government). The territory of Ukraine was divided into military-administrative units - regiments. The regiments were headed by elected colonels.

Before 1663 BC the affairs of the management of Ukraine were concentrated in the office for Little Russian affairs of the Posolsky order. Issues of foreign policy of Ukraine were subordinated to the Ambassadorial order, and the armed forces - to the Discharge order. Since 1663, he began to manage the affairs of Ukraine Little Russian order, which in 1722 was converted Peter I в Little Russian Board. After liquidation of the Little Russian Collegium in 1727 management of Ukraine passed to the Board of Foreign Affairs, and since 1750 - to the Senate.

The post of Ukrainian hetman was abolished by Peter I in 1722, then the post of Ukrainian hetman was restored and liquidated again.

Elizaveta Petrovna restored it in 1750 in order to reward her favorite brother - K. Razumovsky. The Ukrainian hetmanship was finally abolished by Catherine II, and she also restored the Little Russian (Ukrainian) collegium.

In addition, Catherine II the Ukrainian system of self-government is liquidated, the position of the Little Russian governor-general is established, as a result of which Ukraine becomes almost an ordinary province of the Russian Empire.

The former Ukrainian law existed until the beginning of the 1842th century. (officially it was abolished by Nicholas I in XNUMX). Under Catherine II, as a result of the divisions of Poland, Western (Right-bank) Ukraine became part of Russia, except for Galicia, which belonged to Austria (Austria-Hungary). The Northern Black Sea region attached to Russia (including Crimea) began to be called Little Russia.

46. Civil law according to the code of laws of 1833

Code of Laws of the Russian Empire - the fruit of the systematization carried out by the staff of the Second Branch of His Own Imperial Majesty's Chancellery under the general guidance M. M. Speransky. The code of laws was compiled by 1832 and consisted of 15 volumes, including only the current legalizations. All articles of the Code of Laws of the Russian Empire contain references to the relevant acts from the Complete Collection of Laws of the Russian Empire. The code of laws of the Russian Empire received the status of law in 1835.

For each article of the Code of Laws of the Russian Empire, a commentary was drawn up, which had the meaning of interpretation, but did not have the force of law.

This was followed by 2 complete (1842, 1857) and 6 incomplete (1833, 1876, 1885, 1886, 1887, 1889) editions of the updated Code of Laws of the Russian Empire.

The development of civil law took place on the basis of codification of old forms of law, which, accordingly, could not but affect the nature of this industry: elements of class inequality, restrictions on rights in rem and obligations were preserved. Peasants were forbidden to leave the community and secure a land allotment. In addition, peasants who did not have trade certificates and real estate could not issue bills. The legal capacity and legal capacity of clerics, the Jewish and Polish populations were limited.

The disposal of land was subject to special restrictions: the land of state and appanage peasants could not be alienated either by individual community members or by the community as a whole. The right of a family merchant and the system of majorates, land holdings, completely withdrawn from circulation and inherited by the eldest in the family, continued to exist.

In the field of civil law local customs and traditions were widely used, the level of legal technique was low, which, accordingly, was reflected in the terminology: a legal entity was defined as a "class of persons", an easement was defined as a "private participation right", legal capacity and legal capacity were not distinguished.

Property rights was defined as follows: "Property - power in the manner established by civil laws, exclusively and independently of an outsider to own, use and dispose of property forever and hereditarily" (part 1, vol. X of the Code of Laws of the Russian Empire). The right of ownership could be acquired by donation, grant, allotment, testament, inheritance, increment, accession, mixing of things, processing, exchange, sale, other contracts and obligations, due to the prescription of "quiet, indisputable and uninterrupted" possession for 10 years , occupation (for movable things).

В law of obligations obligations from contracts and obligations from tort (infliction of harm and unlawful actions) were distinguished.

Among the agreements were: barter agreement, sale and purchase agreement, sale agreement (future agreement), property lease (lease) agreement, supply agreement, contractor agreement, loan agreement (no more than 6% per annum), property loan agreement (gratuitous temporary permission to use property), personal contract.

The partnership agreement was widely used, it provided for a general partnership, a limited partnership (on deposits), a partnership for plots (a company on shares - a prototype of a joint-stock company), and a labor partnership (artel).

47. Fiscals and prosecutors at the end of the XNUMXth - first half of the XNUMXth centuries

Fiscalate (fiscality) was established Peter I Simultaneously with the Senate, in 1711, the Absolute Monarchy was forced to closely supervise its officials, and for this, fiscals were needed, and a little later, prosecutors. AT duties of fiscals included "secret supervision" of all officials, so that they did not plunder state funds, did not take bribes and did not exceed their official powers. Fiskalov headed chief fiscal, subordinate directly to the king, provincial and city fiscals were subordinate to the chief fiscal. The fiscals received half of the property confiscated by their denunciation or half of the fine collected, so the fiscals were very disliked, the word itself became abusive.

В 1722 BC was first established to oversee the Senate Procuracy, which soon ousted fiscal from the sphere of state supervision.

The difference between fiscals and prosecutors is as follows: the fiscals carried out covert, secret supervision, while the prosecutor's supervision was carried out publicly. With the establishment of the prosecutor's office, the role of the Senate has noticeably diminished. At the same time, the range of issues considered by the Senate was quite wide: analysis of the materials submitted to the sovereign, appointment and election of higher state officials, etc.

In order to oversee the activities of the administration under the Senate, a position was established chief prosecutor, then also prosecutors in collegiums, chief prosecutor of the Synod, prosecutors at provincial courts. The first Russian Prosecutor General was appointed P. I. Yaguzhinsky (1683-1738), a very active and powerful person, who managed to make his position very prestigious. He was deservedly called "the eye of the Sovereign". In addition to the prosecutors, the remaining fiscals were also subordinate to the prosecutor general. But the prosecutors at that time (since the judicial system itself had not yet developed) were not involved in supporting public prosecution in court, exercising only a variety of supervisory functions.

Institute of provincial prosecutors at the courts was restored at Catherine II, during the reform of the judiciary. The provincial prosecutor was part of the provincial government and supervised the rule of law in the province, as well as oversight of all provincial-level officials, except for the governor and governor-general, reporting directly to the governor-general of the empire, who in turn was accountable only to the monarch. The prosecutor of the upper zemstvo court, the prosecutor of the provincial magistrate, the prosecutor of the upper massacre, provincial and district solicitors were subordinate to the provincial prosecutor. Not a single court decision entered into force without the signature of the provincial prosecutor.

В 1802 Alexander I their Manifesto on the formation of ministries replaced collegiums with ministries. Accordingly, with 1802 BC the prosecutor's office was handed over Ministry of Justice, the positions of Minister of Justice and Prosecutor General were combined.

Minister of Justice controlled the entire judicial system of the country, carried out the selection of personnel and supervisory functions. He supervised both the judicial instances subordinate to the Senate and the administrative institutions of the Senate itself.

48. Prerequisites for the bourgeois reforms of the XNUMXth century

Second half of the XNUMXth century was marked by the implementation of bourgeois reforms in the field of the legal status of peasants, the structure of the administration of zemstvos and cities, the judicial and police systems.

Types of prerequisites for bourgeois reforms of the 60-70s. XIX century.:

1) socio-economic;

2) political;

3) ideological.

Socio-economic background: by the middle of the XIX century. the decline of the feudal mode of production became obvious, the bourgeois features of production appeared more and more openly on the industrial arena, capitalist forms of management appeared and spread widely, replacing the old feudal production patterns. Already to 20s XIX century. civilian workers were used more and more, and 1960s. their number exceeded 50% of the workforce in factories, patrimonial and possessional manufactories ceased to exist, giving way to new bourgeois relations.

Industrial revolution of the 30-40s. XIX century. acutely raised the problem of shortage of personnel, since the majority of the population was in serfdom and did not have the opportunity to leave their landowners. At the same time, noble land ownership became smaller, land began to rapidly pass into the hands of other classes, and against this background the practice of peasant otkhodnichestvo spread. Supporters of bourgeois reforms also appeared among the nobility, since less and less income was coming from the lands, entrepreneurship and service to the sovereign became the main sources of livelihood for the nobility, and estates, on the contrary, required significant material costs.

Political background: the main prerequisite for the reforms of the 60-70s. 50th century was the pre-revolutionary situation that developed in those years in Russia. The political situation in the 1853s. 1855th century was such that the class struggle constantly increased, flaring up against the backdrop of contradictions between the nobility and the peasants. This struggle escalated sharply after the defeat in the Crimean War of XNUMX-XNUMX, when, after the excitement of the Decembrist uprising, the activities of socio-political circles again significantly revived. The feudal order was completely obsolete, it was necessary to take prompt measures to establish certain guarantees for citizens in order to keep at least the absolute monarchy itself in force. Perestroika was demanded by the entire state apparatus, police and judicial authorities, since bribery and lawlessness reigned everywhere, and crime in the country sharply increased.

Against the backdrop of such an unfavorable situation in Russia, an important factor that served as a prerequisite for the reforms of the second half of the XNUMXth century was actually liberal views who ruled those years Aleksandra II.

Ideological background: the most important ideological impetus to the establishment of bourgeois orders throughout the world, including in Russia, was ideas of the French Revolution: freedom, equality, brotherhood, legality.

In Russia, right at that moment, 3 main ideological and political forces:

1) official government;

2) liberal;

3) revolutionary.

All of them simultaneously considered it necessary to carry out bourgeois reforms, although they differed in their opinions about the method of their implementation.

49. Peasant reform of 1861

1861 was marked by a peasant reform, as a result of which the peasantry of Russia was freed from centuries of feudal bondage.

The main provisions of the peasant reform.

The peasants received:

1) personal freedom;

2) limited freedom of movement (remained dependent on peasant communities);

3) the right to general education, with the exception of especially privileged educational institutions;

4) the right to engage in public service;

5) the right to engage in trade, other business activities;

6) from now on, peasants could join guilds;

7) the right to go to court on equal grounds with representatives of other estates;

8) the peasants were in the position of temporarily obligated to the landowners until they bought out a plot of land for themselves, while the amount of work or dues was stipulated by law, depending on the size of the plot; the land was not transferred free of charge to the peasants, who did not have sufficient funds to buy out plots of land for themselves, which is why the process of complete emancipation of the peasantry dragged on until the revolution of 1917, however, the state approached the issue of land quite democratically and provided that if the peasant did not could redeem the whole allotment, then he paid a part, and the rest - the state.

The procedure for the redemption of land allotment by peasants was as follows:

1) the land was completely retained by the landlords, while the peasants were entitled only to "their settled share", for which they had to pay 25% of the redemption amount in cash;

2) further, all other funds came to the owner of the land from the treasury, however, the peasants had to reimburse this amount with interest to the state within 49 years.

Coming out of serfdom, the peasants had to establish rural societies, i.e., settlements owned by one or more owners.

Such villages, located in the neighborhood, united in volosts (parishes).

In rural society, a kind of peasant self-government: at the head of the volost were the volost headman and the volost gathering, composed of householders of the volost. These bodies were of economic and administrative importance.

Depending on the land where the land allotment was provided to the peasants (non-chernozem, chernozem or steppe zone), different sizes were established capitation.

Therefore, based on the fertility of the land in each individual locality, the maximum size of the land allotment allocated to the peasants was established. This size was the starting point for determining the specific size of the redeemed allotment, which could not be less than 1/3 of the maximum size. Land owners could provide a smaller plot of land free of charge, the so-called "beggarly plot".

For the whole of Russia, the highest norm of a peasant allotment was 7 acres, and the lowest - 3.

The main a positive result of the peasant reform is the equalization of members of society in their natural rights and, above all, in the right to personal freedom.

Disadvantages of the peasant reform:

1) the preservation of large landed estates;

2) the small size of peasant allotments;

3) the establishment of peasant communities and the establishment of mutual responsibility within these communities.

50. Zemstvo reform of 1864 City reform of 1870

Zemstvo reform was carried out in 1864 and was the result of the abolition of serfdom in the Russian Empire.

Reason for the introduction of local governments - Poor condition of the roads.

The first mention of the zemstvo reform is associated with March 25, 1859, when the highest order of the sovereign finally determined the main provisions for the future structure of the entire local economic and administrative administration - the principle of independence of local governments.

Zemstvo reform was carried out on the basis of "Regulations on provincial and district zemstvo institutions".

The essence of the Zemstvo reform consists in attracting the public masses to participate in the economic and administrative management in the localities (counties and cities); the reform established the regulation of capital, property and money of the zemstvo, the maintenance of zemstvo buildings and means of communication, health care institutions, education, etc.

There were executive and administrative bodies of self-government.

governing body during this period of time is the county zemstvo assembly. It was headed by the local marshal of the nobility.

Elections to local self-government bodies were held in 3 curiae:

1) large landowners (property qualification - 100 minimum peasant allotments);

2) representatives of rural communities;

3) urban voters (property qualification - 15 thousand rubles per year).

formed provincial assemblies from the representatives of the zemstvo assemblies.

local executive bodies - zemstvo and provincial councils. Councils consisted of a chairman and two members.

City Reform was held in 1870 BCwhich resulted in the introduction of city government.

Reasons for city government - the need for administrative and economic management in the city.

On July 16, 1870, it was accepted "City position". From that moment, the beginning of urban reform was laid.

Essence of reform consisted in the introduction of a system of bodies of urban public administration (city electoral assembly and city duma with city government).

City Council - an elected body headed by the mayor. The mayor was appointed from candidates proposed by the Duma or the governor, the Minister of the Interior, in Moscow and St. Petersburg - by the emperor.

Candidates for the city duma had to meet the age limit (25 years) and property. This qualification was determined by the curiae of the taxpayers.

Curia of taxpayers: the largest part of taxes; one third less; another third less.

Convicted persons, removed from office, under investigation or deprived of their spiritual dignity, could not be elected to zemstvo authorities.

Competence of city institutions:

1) appointment of elected officials;

2) the establishment of city fees (fees from trade, taverns, residential premises, auctions, etc.);

3) management of city property;

4) urban real estate;

5) credits-loans.

The budget of city institutions was formed from contributions to the social sphere (educational, charitable institutions, etc.) and the maintenance of prisons, police, and local military units. The governor was in charge of the distribution of budgetary funds.

51. Establishment of Judicial Institutions 1864

In November 1864, the Establishment of Judicial Institutions was adopted, which marked the transition to new judiciary in Russia.

The composition of the judicial system according to the Institutions of Judicial Establishments of 1864 included:

1) general courts:

a) a district judge;

b) judicial chamber;

c) world courts (justice of the peace and congress of justices of the peace);

2) special courts (for example, volost courts, which were created for peasants and were purely estate, their competence included the consideration of claims up to 100 rubles and minor criminal cases);

3) constitutional and highest court - The Senate.

Magistrate's Court was the first and lowest court in criminal and civil cases. He considered cases within his district: criminal, for which a fine of up to 300 rubles was provided, and civil, the cost of a claim for which was less than 500 rubles.

world district included the county and its constituent cities and was divided into magistrate areas, within which the activities of magistrates were carried out.

All other cases were within the competence of district judges.

Each district judge he was a member of the collegium of the judicial chamber, which considered cases under general jurisdiction (for example, state crimes, etc.), within the limits of their competence, district judges considered cases individually.

Jury Institute acted only in district courts in the XNUMXth century. in Russia. Therefore, the jury can be called one of the forms of district court.

judicial district often covered several provinces at once and was divided into judicial sections. A positive feature of the district legal proceedings was that the court became higher in rank of the provincial authorities.

At that time there were 2 instances for judicial review. These were: the appellate instance; cassation authority.

Court of Appeal for Justices of the Peace - county congress of magistrates. He acted 2 times a year for several days. The decisions of this court could be reviewed by way of cassation.

There was no appellate instance for reviewing jury decisions; they were reviewed only on cassation in the judicial chamber.

The Senate is the highest judicial body, which included:

1) cassation departments (they considered complaints and protests about the violation of the "direct meaning of the laws", requests for review of sentences that have entered into force due to newly discovered circumstances, cases of malfeasance);

2) special presences (they were created to solve extremely important, special cases).

The reforms of 1861 established the following principles of justice:

1) the classless nature of the court;

2) competitiveness of legal proceedings;

3) separation of the court from the administration and separation of the judicial and accusatory powers;

4) consideration of cases by jurors;

5) publicity of legal proceedings;

6) the election of the court (this applied only to district courts, all the rest were appointed, justices of the peace were also elected in certain areas; the election of a judge was always carried out on the basis of a high property qualification).

Since the adoption of the Institution of Judicial Establishments in 1864, all special estate courts: for nobles, peasants, townspeople, boundary, conscientious courts, etc.

52. The Charter of Criminal Proceedings of 1864

The statute of criminal proceedings was adopted as part of the judicial reform of 1864.

Charter established liberal principles for the consideration of criminal cases by the courts. According to the Charter, most criminal cases were within the competence of district courts with the participation of jurors.

The circuit courts, with jury participation, included: firstly, 3 crown judges (they decided questions of law); secondly, 12 jurors (decided questions of fact).

Features of the consideration of criminal cases in the district court with the participation of a jury:

1) admissibility of challenge of judges;

2) equality of rights of judges and jurors;

3) the sentencing and determination of the measure of punishment belonged to the exclusive jurisdiction of the courts, the prosecutor did not have the right to touch upon the question of the measure of punishment before the verdict of the jury.

Stages of the criminal process:

1) inquiry (carried out in cases within the competence of the police);

2) preliminary investigation (for the least serious crimes, it was carried out by police gendarmes, for more serious crimes, by investigators under the supervision of prosecutors or members of the judicial chambers; defense lawyers had no right to participate in the preliminary investigation);

3) preparations for trial (the materials of the criminal case were prepared by investigators whose competence included the preliminary investigation, then these materials were to be presented to the accused and handed over to the prosecutor, who, in turn, drew up an indictment and sent it to the court chamber, and only then the chamber issued a ruling on bringing the case to court );

4) judicial investigation (carried out at the time of the consideration of the case by the court and the examination of evidence in the court session, which should have been attended by 3 members of the court, the secretary of the court and 12 jurors; the order of the trial: began with the announcement of the indictment, then - the interrogation of the accused, witnesses and verification of other evidence; ended with a final debate - speeches by the prosecutor or a private prosecutor and defense counsel, or explanations by the defendant);

5) sentencing (based on a preliminary jury verdict on the guilt or innocence of the defendant, which was adopted by a majority of votes; the verdict concerned the punishment, it was determined by the crown court in the deliberation room according to the demands of the prosecutor and the objections of the defense counsel);

6) execution of a sentence (judgments of the district courts by jury were final and subject to immediate execution by the police, unless the Crown Court found that the jury had convicted an innocent person, in which case the case was referred to a new jury);

7) revision of the sentence (appeal against the verdicts of the district courts or their protest by the prosecutor was allowed only in the cassation procedure in the Senate).

The Senate and the Supreme Criminal Court were the highest judicial bodies. Their sentences were canceled only in the order of pardon by the emperor.

The reasons for initiating a criminal case (according to the Charter) were:

1) complaints from individuals;

2) reports from the police, institutions and officials;

3) surrender;

4) discretion of the investigator or prosecutor.

The jurisdiction of district courts was determined by the place where the crime was committed.

53. The procedure for the formation of the State Duma (1905-1907)

The State Duma in the period from 1905-1907. was representative body authorities, who for the first time limited the monarchy in Russia.

The reasons for the formation of the Duma were: the revolution of 1905-1907, which arose after Bloody Sunday, and the general popular unrest in the country.

The procedure for the formation and establishment of the Duma were established Manifesto on the establishment of the State Duma of August 6, 1905. Legislation on representative institutions included the following well-known acts: Manifesto of August 6, 1905; basic state laws of April 23, 1906; Manifesto for the improvement of the state order of October 17, 1905

The State Duma was supposed to work together with the Council of Ministers.

Council of Ministers was the permanent highest government agency, headed by a chairman.

The Council of Ministers headed all departments on issues of legislation and higher state administration, i.e., to some extent, it limited the activities of the State Duma.

Basic principles of the work of the State Duma:

1) freedom of conscience;

2) participation in the elections of the general population;

3) obligatory approval by the Duma of all published laws.

Active suffrage all men over 25 years of age had the right to the State Duma (with the exception of military personnel, students, day laborers and nomads). The right to elect the workers to the Duma was granted on December 11, 1905.

Elections of deputies of the State Duma were held by electoral meetings, representatives to which, in turn, were elected by curiae, not equal among themselves.

The system of curia according to the electoral legislation was divided into estates:

1) from landowners;

2) urban population;

3) peasants;

4) workers.

On February 20, 1906, the State Duma was established.

The competence of the Duma for the Establishment: development of laws, their discussion, approval of the country's budget. All bills adopted by the Duma had to be approved by the Senate, and later by the emperor. The Duma did not have the right to consider issues that were beyond its competence, for example, issues of payments on state debts and loans to the Ministry of the Court, as well as on state loans.

The term of office of the State Duma is 5 years.

The State Duma was bicameral: upper house - State Council (it was headed by a chairman and vice-chairman, appointed by the emperor annually); Lower Chamber - representatives from the population.

Deputies were allowed to be removed from their posts. This right belonged to the Senate, which was the highest judicial body. The removal of deputies may have been for their guilty behavior.

The State Duma could be dissolved ahead of schedule by the emperor.

In the period 1905-1907. was convened 3 Dumas various compositions. The First Duma lasted 72 days. It was the most liberal-minded, since its convocation was the result of a revolutionary movement in Russia, it did not have representatives from the monarchist movement.

After the dissolution of the Third Duma (when the popular uprisings were suppressed by the tsarist army), significant changes to the laws on the State Duma, For example:

1) the adoption of laws not approved by the Duma was prohibited;

2) the number of representatives from Poland, the Caucasus and Central Asia was limited.

54. Manifesto on the improvement of the state order October 17, 1905 Basic state laws of 1906

The manifesto of 1905 was issued by the Emperor Nicholas II October 17, 1905 under the pressure of growing popular unrest: a general political strike and armed uprisings in Moscow and in many other cities. This manifesto satisfied some of the strikers, as it was a real step towards the transition to a limited constitutional monarchy.

The manifesto was the first liberal-minded legislative act of tsarist Russia.

The main provisions of the Manifesto:

1) consolidation of freedom of conscience, speech, meetings and gatherings;

2) involvement in the elections of the general population;

3) the obligatory procedure for the approval by the State Duma of all published laws.

Under these conditions, the Russian bourgeoisie not only did not lead the revolutionary struggle for bourgeois-democratic transformations, but sought to prevent the further development of the revolution.

The manifesto changed the system of public administration - there were Councils of Workers' Deputies. Initially, they were strike committees, but gradually turned into bodies of political struggle.

Principles of organization and activity of the Councils:

1) the representative nature of the Soviets;

2) democratic elections by secret or open voting;

3) they could include women;

4) they formed executive committees (presidiums) and commissions on certain issues;

5) accountability of deputies to voters;

6) the possibility of replacing deputies who have not justified the trust of voters;

7) the work of the Councils according to the instructions of the electors;

8) wide involvement of workers in the meetings of the Soviets.

In 1905-1907. 55 Soviets were formed, of which 44 were Bolshevik-minded, so they became the grinding bodies of the new revolutionary government.

The Soviets had the right to apply revolutionary democratic measures: to form fighting squads, workers' militia, opened and seized printing houses, had their own publications, disseminated revolutionary ideas, thereby introducing actual freedom of the press.

Manifesto saved class inequality bourgeoisie with the nobility and the restriction of the first in the right to occupy the highest positions in the state apparatus.

The main state laws were signed by Nicholas II on April 23, 1906. They were an act of autocracy, which Nicholas II decided on after the suppression of the largest uprisings. These laws could only be changed by the emperor.

Contents of the Basic Laws:

1) the supreme autocratic power belongs only to the All-Russian emperor;

2) the power of government also belongs to the emperor;

3) legislative - jointly to the emperor, the Duma and the Council; the exclusive competence of the emperor in the field of legislation; questions of payments on state debts and loans - to the Ministry of the Court, state loans.

The main state laws of 1906 forbade the tsar to change the suffrage on his own, but Nicholas II violated this provision and passed a law that limited the voting rights of workers, non-Russian peoples, and others.

The population in Russia was still divided into estates: the nobility; clergy; city inhabitants (among them a group of honorary citizens stood out); rural residents.

Class privileges were preserved, for example, the clergy and nobility.

55. Judicial reform (organs of the court according to judicial statutes)

Until 1861, 14 bills were submitted to the State Council to change the existing judicial system. At the end of 1862, the draft "Basic provisions of the judiciary", which formulated the principles of classlessness of the court, the abolition of the system of formal evidence and the definition of "leaving in suspicion".

In November 1864, they were approved and entered into force main acts of judicial reform: Institutions of Judicial Establishments, Charter of Criminal Proceedings, Charter on Punishments Imposed by Justices of the Peace. In addition, at the same time, the division of courts into general and special was introduced. There was also a lower world court.

There were world districts, which were divided into sections. A justice of the peace, additional and "honorary" justices of the peace (taking into account the very high property qualification) were chosen for the districts at the Zemstvo assembly.

Magistrate's Court became the first instance in criminal and civil cases. They made decisions on cases that belonged to their plots. He had the right to impose fines up to 300 rubles, to consider claims up to 500 rubles. Cases were considered according to the principles of publicity, classlessness and electiveness of the court.

world district included, as a rule, the county and its constituent cities. The district was divided into world sections, within which the activities of justices of the peace were carried out.

District courts were established for several counties and consisted of a chairman and members. A new institution introduced by the reform at the level of the first link of the general judicial system (district courts) was jurors. The jury was offered cases of "crimes and misdemeanors, entailing punishments, connected with the deprivation of all rights of the state, as well as all or some special rights and advantages." At the district courts, an institute of investigators was established, who, under the supervision of the prosecutor's office, carried out a preliminary investigation of crimes committed in the areas assigned to them.

Appeals were submitted to the county congress of justices of the peace, which met twice a year for several days. The appeal should have been filed within that time frame. It was possible to appeal against the decision of the congress only in the highest instance (in the cassation procedure).

The institute of trial by jury was introduced only in district courts. Appeal against the decisions of the jury was allowed only in cassation and only in the trial chamber.

Supreme Court - Senate (departments and special presences). Special presences were created to solve extremely important, special cases.

The cassation departments of the Senate considered complaints and protests against violations of the "direct meaning of laws", requests for review of sentences that have entered into force due to newly discovered circumstances, cases of malfeasance (in a special procedure of legal proceedings).

According to the general opinion, the judicial reform of 1864 was the most complete of the entire series of "Great Reforms", the beginning of which was the abolition of serfdom in Russia. The introduction of a truly civilized judicial system in the country could not but have a beneficial effect on the development of Russian society as a whole. This reform laid the foundations for further (possible) democratization of Russian society.

56. Stolypin agrarian reform

We can assume that the reform began as early as 1905, when the Manifesto of November 3 "On improving the welfare and easing the situation of the peasant population" announced the reduction of redemption payments by half from January 1, 1906 and their cancellation from January 1, 1907. The manifesto promised and expansion of concessional lending by the Peasants' Bank for purchase and sale transactions.

Stolypin agrarian reform was an important event in the economic and social life of the country, especially the village. Stolypin was known not only for his repressions. He believed, not without reason, that the revolution was generated by certain shortcomings of social relations in Russia, which should be eliminated. He considered the main disadvantage of the rural community, preserved by the peasant reform and hindering the development of capitalism in the countryside. It was precisely for its destruction that the royal decree of November 9, 1906, prepared by Stolypin.

According to Stolypin's concept, the modernization of the country could be carried out if three conditions were met: firstly, it was necessary to make the peasants full-fledged owners; secondly, it is necessary to implement universal primary literacy education in a compulsory four-year primary school; and finally, to achieve enhanced industrial growth, supported by the development of the domestic market.

Stolypin proceeded from the need to create in the countryside a mass and stronger than the landlords social support of the autocracy - the kulaks.

According to Decree of November 9, 1906 "On the addition of certain decrees of the current law concerning peasant land ownership and land use" any peasant had the right to withdraw from the community and demand for his sole property the appropriate land allotment, which was due to him when he was part of the community. Agrarian legislation pursued the goal of providing the most favorable conditions for the formation of kulak farms. The partial destruction of the peasant community, which contributed to the development of bourgeois relations, did indeed occur, and this was the progressive significance of the reform. Adopted on June 14, 1910, the Law "On Amending and Supplementing Certain Decrees on Peasant Land Ownership" developed the main provisions of the above-mentioned decree: for example, in all communities where there were no land redistributions, land was declared personal property.

An important part of the reform was the resettlement policy. Stolypin wanted to ease the need for land in Central Russia, the Baltic States, which was an explosive force. A broad and voluntary resettlement of peasants to state lands in the eastern regions of the country was organized. However, the resettlement was poorly organized, which significantly reduced its results.

The peasant reform of 1861, having freed the peasants, still did not solve all the problems associated with the agrarian sector.

The main nodes of contradictions remained the preservation:

1) large landownership with little land for the bulk of the population;

2) redemption payments (for allotment land under the reform of 1861);

3) two types of peasant land tenure: communal (on the right of common joint ownership) and household (on the right of sole private property).

57. Russia before and during the First World War. The state apparatus in Russia at this stage of time

Main causes of World War I: changes in the economy and politics of the great powers; intensification of the colonial expansion of the great powers; striving for the division and redivision of the world; the desire to create vast imperial possessions.

Russia sought to resolve the issue of the Black Sea straits and Constantinople, to eliminate the danger of establishing German hegemony in Europe, and to reduce its military and political power. On the eve of the First World War, Russia had one of the largest regular armies of the countries that entered the war.

July 19 (August 1), 1914 Russia entered the war on the side of the Entente (England and France) against the Triple Alliance.

The military situation caused the expansion of the competence of governors-general and military authorities in areas declared under martial law. With the introduction of martial law, the administration of the province was concentrated in the hands of the military command. The army commander was endowed with broad powers, including the right to take any measures not provided for by law to protect public order or the success of the war.

The bourgeoisie sought to use the zemstvos and city self-government bodies. In 1914 was created All-Russian Zemstvo Union and All-Russian City Union. Later (in 1915), both unions created Main Committee of the All-Russian Zemstvo and City Unions (Zemgor). In addition, in 1915 were created military industrial committees. Legally, they were public organizations and had the right to bring suits in court and respond to them.

An attempt to strengthen the mobilization of the country's economy was the establishment of Special Conferences, chaired by the Minister of War.

During the war, the State Duma of the fourth convocation, elected in 1912 on the basis of the electoral law of June 3, 1907, continued to operate.

At the meeting July 26, 1914 faction leaders issued an appeal to rally around the king. But the changes in the government's domestic policy that were expected in response to this did not occur. The beginning of the First World War was met with a demonstration of the unity of the majority of the Duma with the government. The difficulties of wartime and the defeat of the Russian army caused a split in this unity. In the summer of 1915, criticism of the actions of the government was voiced and a demand was put forward to create a Government of Public Trust, responsible to the Duma. In response to these demands, there were frequent changes of ministers and prime ministers. In August 1915, the emperor took over the supreme command of the army and moved to the headquarters of the commander-in-chief in Mogilev.

At meetings of members of the State Duma and the State Council, the foundation was laid for the creation of the so-called progressive bloc.

In August 1915 In the Duma, a Progressive Bloc was formed, which included three-quarters of its deputies. The bloc's program required the creation of a Ministry of Public Trust, a series of reforms and a political amnesty, an end to all religious discrimination, the preparation of a law on the autonomy of Poland, etc. During 1916, the legal opposition multiplied attacks against the autocracy. In January 1916, Chairman of the Council of Ministers I.L. Goremykin was replaced by B.V. Shtyurmer, in November Styurmer was replaced by A.F. Trepov, Trenev - by N.D. Golitsyn. The opposition demanded the resignation of this government as well.

58. February revolution of 1917 Supreme authorities March-October 1917

The February bourgeois-democratic revolution put an end to the feudal type of state and law in Russia.

November 1, 1916 leader of the constitutional democrats P. I. Milyukov publicly accused the government of stupidity and treason. His speech was the signal for an anti-government upsurge. Grand Dukes Nikolai Mikhailovich and Nikolai Nikolayevich proposed to the tsar the creation of a ministry responsible to the Duma. Zemstvo meetings and congresses demanded the same. The situation got worse.

The first thunderclap was the murder of the royal favorite Grigory Rasputin. However, Nicholas II did not feel the impending thunderstorm. Together with Protopopov, he developed plans for the military suppression of possible unrest in Petrograd.

In January 1917 he appointed prime minister N. D. Golitsyna, which was not recognized even by his colleagues in the ministry.

February 14, 1917 strikes began in the capital, which did not stop; On February 23, a demonstration of XNUMX working women shook Petrograd; February 25 The emperor issued a decree dissolving the State Duma.

February 27 an uprising began in Petrograd and a Provisional Committee of the State Duma was created, on the basis of which the Provisional Government was created on March 1. It was formally responsible to no one, but in fact it had to act under the control of the Provisional Committee, with which it held meetings until May 1917. At the same time, the Petrograd Soviet bound the government with a number of obligations and monitored their fulfillment. These were demands: an immediate and complete amnesty for political, agrarian and religious affairs; exercise of freedom of speech, assembly and other freedoms, including for military personnel; taking immediate steps to convene a Constituent Assembly on the basis of democratic elections; replacing the police with a people's militia with elected leaders subordinate to local self-government; democratic elections of self-government bodies; the abolition of all class, religious and national restrictions. Agreeing with the general democratic demands of the Soviet, the bourgeois leaders from the Provisional Committee of the State Duma abandoned the proposed clause on "refraining from all actions prejudging the form of future government."

Created under the Ministry of Justice Extraordinary Commission of Inquiry to investigate the activities of former ministers. educated new organs: Economic meeting, Legal meeting, Meeting on the reform of local government. Provisional government headed Lviv.

In June 1917, about 390 local delegates sent their delegates to the first All-Russian Congress of Soviets, which elected VTsIK. Elections decided in June Constituent assembly September 17, then November. In August, a State Conference was set up in Moscow, at which a split occurred between moderate and revolutionary groups. The provisional government, which lost its authority after the "Kornilov affair", began to seek support among the socialists. On September 14, a Conference is convened from the chairmen of the soviets, cooperatives, zemstvos and army organizations. Created government oversight body. In October, the elected members of the State Council are dissolved, the State Duma is dissolved. The remnants of the highest organs of the old power disappeared completely.

59. Dual power

February 26, 1917 there are clashes with the police and gendarmerie, but part of the troops, unexpectedly for the authorities, goes over to the side of the rebels.

February 27 began the widespread transition of the army to the side of the rebels. Created immediately 2 bodies governing this rebellion:

1) the Provisional Government, which is a legitimate authority;

2) Petrograd Soviet of Workers' and Soldiers' Deputies.

The Provisional Government - this is the whole of Russia legally. In addition to the Petrograd Soviet, in March 1917, more than 600 local councils arose, which elected permanent bodies - executive committees. These were the elected representatives of the people, who relied on the broad support of the working masses.

Soviets 1917 - an elected body, but without a single document on the election, accordingly, for a long time there was no body coordinating the actions of the councils, and the Petrograd Soviet took on this role. In the provinces created two types of advice:

1) workers' and soldiers' deputies;

2) peasant deputies.

From these councils, a council was created, which immediately constituted itself, and for the time between council meetings, its duties were performed by the executive committee (VTsIK).

SR-Menshevik The leaders of the Petrograd Soviet wanted to see Russia as a republic, but did not insist on it, while the Cadets wanted to see it as a constitutional monarchy. However, under the conditions of the revolution, the Cadets, at their congress in March 1917, agreed with the proclamation of Russia as a republic. There was a peculiar situation when two governments functioned in the country. These two alternative systems could not be combined, since they represented the interests of opposite social strata of society. The system headed by the Provisional Government was in a priority position, because it had experienced personnel who knew the science and practice of management, there were connections, knowledge, support for foreign political forces and domestic capital, there were funds.

At that time, representatives of the parties Mensheviks и Socialist Revolutionarieswho focused not on the victory of socialism, believing that in backward Russia there are no conditions for this, but on the development and consolidation of its bourgeois-democratic gains. Such a task, they believed, could be performed during the transitional period by the Provisional Bourgeois Government, which, in carrying out the democratic transformations of the country, must be provided with support, and, if necessary, put pressure on it. In fact, even during the period of dual power, real power was in the hands of the soviets, for the Provisional Government could govern only with their support and carry out its decrees with their sanction. The Soviets of Workers' and Soldiers' Deputies acted jointly and held their meetings in one building - the Taurida Palace, which became the center of the country's political life. Then followed crises of the Provisional Government:

1) April 18, 1917, Milyukov's note - the intention of the Provisional Government to bring the war to a decisive end - the uprising - "Down with the Provisional Government!";

2) the June crisis - Lenin said that the Bolsheviks were ready to take power into their own hands, and his "party is the mind, honor and conscience of our era";

3) the failure of the army, July 4 - the protests of the workers.

60. Emergence and development of councils. Establishment of local councils in 1917-1918

During the period of diarchy October 10, 1917 The Central Committee of the Bolshevik Party adopted a resolution on an armed uprising.

12 October under the Petrograd Soviet, the Military Revolutionary Committee (VRC) was formed, which became the main driving force of the October Revolution.

On October 24, 1917, the armed forces of the Bolsheviks captured key positions in St. Petersburg and blockaded the Provisional Government in the Winter Palace. On October 25, 1917, the II All-Russian Congress of Soviets began its work, which proclaimed the establishment of Soviet power. On the night of October 25-26, the Winter Palace was taken, and the Provisional Government was arrested.

Initially, the councils functioned jointly with the Constituent Assembly, but on January 5, 1918, the Constituent Assembly was dissolved.

Councils of workers' deputies were formed mainly in the cities, while councils of peasant deputies were formed in the villages, and councils of soldiers' deputies were formed in military formations. Later, unified councils were formed.

The first Soviets in Russia appeared during the period of the first Russian revolution (1905) in May-June. Initially, they were representative bodies of power for the working class, peasantry and soldiers.

Initially, representatives of the Bolshevik Party, Mensheviks, Socialist-Revolutionaries or Anarchists could enter the councils, later the councils were formed only from representatives of the Bolsheviks.

To support the Soviet government in September 1918, the Revolutionary Military Council of the Republic (Revolutionary Military Council) was formed, which directed the work of all bodies of the military department and military institutions.

The Revolutionary Military Council formed separate local Revolutionary Military Councils.

The establishment of Soviet power on the ground is associated with armed clashes between the Red Army and the White movement during the civil war.

The Civil War (1918-1920) is associated with the order of the Commander-in-Chief of the Armed Forces of the South A. I. Denikina, which in March 1920 introduced the Regulations on the management of the regions occupied by the armed forces of southern Russia.

Along with members of the military command, it established the positions of state controller, head of the civil department (in charge of agriculture, land management, justice and education), head of the department of foreign relations.

During the period of strengthening of Soviet power in the localities, justice was carried out by courts-martial, corps and military-judicial commissions under the heads of garrisons, which met the requirements of wartime.

Such judiciary considered cases taking into account the rules on courts-martial, i.e. justice was not the exclusive competence of the courts.

The second instance for such courts were corps or military district courts.

In most of the territories of Russia remote from the center, Soviet power was established as a result of the capture by the Red Army.

In Siberia, Soviet power was established in 1918-1919. Soviet power was established here, taking into account liberal ideas. Provisional governments were formed in many cities.

In Primorye, Soviet power was established in October 1922.

Crimea also supported the White movement for a long time, but in 1920 Wrangel's troops were defeated here too.

Soviet authorities were established in all regions of Russia. Russia finally became a country of Soviets.

61. Soviet law enforcement agencies (militia, military emergency commissions): their competence and formation

1917-1920 - the period of the civil war. Under these conditions, special bodies were formed to combat counter-revolutionary forces: the police (police and military bodies) and emergency justice bodies.

Extrajudicial organs of repression are the organs of emergency justice.

Supreme body of emergency justice - The All-Russian Extraordinary Commission (VChK), which was established on December 7, 1917 by the decree of the Council of People's Commissars "On the Formation of the All-Russian Extraordinary Commission."

The exclusive competence of the Cheka: the sphere of search and preliminary investigation of crimes against the Soviet regime.

Initially, the bodies of the Cheka were not judicial bodies, they transferred cases after the investigation to the courts. This was done by special investigative commissions at the military tribunal. Since February 1917, the competence of the Cheka included judicial powers, they had the right to "shoot counter-revolutionaries on the spot."

On the ground since March 1918, local emergency commissions (Cheka) began to form. These bodies were accountable to the Cheka. Local Chekas had the exclusive right to arrests, searches, requisitions, confiscations and the use of repressive measures.

By July 1918, local Chekas had been formed in all regions of the Soviet state. They functioned simultaneously with local councils, and often instead of them.

From April 1918, the Cheka began to form special combat detachments to maintain law and order and fight against counter-revolution.

The following specialized bodies were formed in the system of emergency bodies:

1) the border Chekas were formed in the summer of 1918, and later were transferred to a special department of the Cheka;

2) transport authorities of the Cheka - also in the summer of 1918;

3) special departments in the army and navy - at the end of 1918.

All the Chekas, including the local ones, independently considered cases on the merits, passed sentences on them and executed them, that is, "socially dangerous elements" could be imprisoned in an administrative and extrajudicial manner.

Under the Cheka, a Special Revolutionary Tribunal was formed to combat theft, speculation, forgery, abuse of office in economic and distribution bodies.

During the Civil War, the forced labor camps of the NKVD and the Cheka were the executive-repressive bodies.

The Cheka was abolished at the end of 1921 by decision of the IX All-Russian Congress of Soviets.

The militia of the Soviet state was formed according to the instructions of the NKVD and the People's Commissariat for Justice "On the organization of the workers' and peasants' militia" (October 1918).

We can name the following militia tasks:

1) protection of public order;

2) the fight against crime, etc.

The militia system included the following bodies:

1) The Main Directorate of the Workers' and Peasants' Militia of the NKVD of the RSFSR is the highest body; under him, the Central Directorate of Criminal Investigation was formed;

2) local police departments of counties and cities (they were in dual subordination: the NKVD and the local executive committees of the Soviets); under them, criminal investigation departments were formed;

3) special police bodies: industrial (factory, forestry, mining, etc.), railway, water (river, sea), search police.

The police had the status of special forces when used in combat operations. The system was managed by the NKVD.

62. Legislation on the elimination of the estate system and the legal status of Russian citizens in 1917-1918

The policy of the Soviet state radically changed the social structure of society. The Soviet state sought to completely eradicate class inequality in the country, but at the same time, one of the most important tasks of state power was called the destruction of the exploiting class.

Were abolished:

1) the institution of Russian citizenship;

2) the registration of citizens to a certain estate and the acquisition of rights and obligations depending on this registration, which in turn was determined by the birth of the person.

For the first time, the idea of carrying out a class reform appeared during the work of the Provisional Government. On March 3, 1917, the "Declaration of the Provisional Government on its Composition and Tasks" was adopted.

This declaration:

1) established the democratic rights and freedoms of citizens;

2) canceled restrictions on national and religious grounds;

3) voting rights were granted to women;

4) it did not abolish estate privileges and ranks.

The estates were finally abolished by the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of November 10, 1917 "On the destruction of estates and civil ranks." According to this Decree, citizens of the Soviet state were equalized in rights, all estates and ranks, titles and ranks were abolished, class institutions were abolished.

According to the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars, a single status and name was established for all citizens - "citizen of the Russian Republic", that is, the institution of citizenship was introduced.

Features of citizenship of the Soviet state: equal rights and obligations were established only for the working class. For persons who use the labor of other citizens, or persons living on unearned income, as well as for clergy and private merchants, trade and commercial intermediaries, restrictions on voting rights were established.

The listed persons were required to have work books of non-workers (according to the Decree of the Council of People's Commissars of October 5, 1918). These documents had the status of identity cards for the corresponding category of citizens. Employment books for non-working people were to be in the hands of freelancers, former officers, pupils of the cadet corps, former sworn attorneys and their assistants, etc.

Employment books for non-workers limited their holders in the right of free movement. In addition, they were obliged to perform socially useful work at the place of residence, on the basis of marks in the work book, according to which food rations were issued.

Major innovations Soviet authorities in the field of social security of citizens consisted in the fact that in October 1920, by decree of the Council of People's Commissars, payments for fuel, housing, water, electricity, use of the post office, telegraph, and telephone were completely abolished.

The economic sphere of the country's public life also became more social: from November 1918, according to the Decree of the Council of People's Commissars on the organization of supplying the population with all products and items for personal consumption and household, mandatory support was approved for the country's poor population.

To do this, the People's Commissariat of Food formed a special cooperative apparatus. It included separate (local) unified consumer societies (EPO), to which all citizens were attached.

Consumer cooperatives distributed food and commodity rations to the population to receive basic necessities.

63. Socialist law: its sources and features

The system of sources of socialist law ceased to include customary law.

The sources of the creation of Soviet legislation are:

1) works of Marxism-Leninism;

2) revolutionary legal consciousness and the views of theorists (for example, the principles of socialist law in the views of scientists: "Recognition is the queen of proof"; "Law under socialism is a mirror reflection of production relations");

3) normative acts of the Soviet government (for example: decrees, resolutions, legalizations).

Until 1936, party acts were not sources of law.

Socialist law did not have a hierarchy of legislation.

The legal force of normative acts depended on the position of the body that issued them. The acts of the Congress of Soviets had the greatest legal force. Lesser, but very significant legal force - the acts of the Congress of Soviets of the RSFSR.

Basic principles of socialist legislation:

1) the priority of the proletariat class;

2) the destruction of the personal and political rights of the propertied class;

3) the establishment of an administrative and administrative system of state power.

Source system:

1) Constitutions of 1918, 1924, 1936;

2) Civil Code of 1922, 1964;

3) Criminal Code of 1926, 1964;

4) Decree "On civil marriage, on children and on the maintenance of books of civil status"; Code of Laws of the RSFSR on acts of civil status, marriage, family and guardian law of 1918, etc.;

5) other acts of the Soviet state issued in various periods of building communism.

The main sources of establishing Soviet power:

1) Decree "On Land";

2) Decree "On peace";

3) the decision of the II All-Russian Congress of Workers' and Soldiers' Deputies "On the abolition of the death penalty";

4) the decree "On the Formation of Revolutionary Committees in the Army";

5) resolution "On the transfer of power to the Soviets";

6) resolution "On the formation of the Workers' and Peasants' Government";

7) Instruction "On the rights and obligations of the Soviets";

8) resolution "On the organization of local self-government", etc.

Sources of socialist law in the sphere of national-state structure:

1) Declaration of the rights of the peoples of Russia;

2) Resolution of the III Congress of Soviets "On Federal Institutions of the Russian Republic";

3) Treaty on the formation of the USSR, etc.

Sources of labor law and social security:

1) Regulation "On the system of remuneration";

2) Decree "On the eight-hour working day";

3) Decree of the Council of People's Commissars of the RSFSR "On holidays";

4) Labor Code of 1918;

5) Decree of the All-Russian Central Executive Committee and Council of People's Commissars "On the destruction of estates and civil ranks", etc.

Legislation on the development of economic relations of the Soviet state:

1) Decree "On the socialization of land";

2) Regulation "On the registration of commercial and industrial enterprises";

3) the legislation of the NEP period: the Decree "On the replacement of food and raw material allocation with a tax in kind"; "Regulations on trusts"; Decree "On Exchange", etc.;

4) "Exemplary charter of an agricultural artel", approved by the Council of People's Commissars of the USSR and the Presidium of the Central Executive Committee of the USSR, etc.

Foundations of the Red Army:

1) Decree "On the Workers 'and Peasants' Red Army";

2) Decree "On the Workers' and Peasants' Red Fleet";

3) Decree "On forced recruitment in the Workers 'and Peasants' Red Army", etc.

64. Declaration of the Rights of the Peoples of Russia

The first projects of the national-state structure:

1) the formation of national-cultural autonomies within the country, i.e. the state itself must be unitary;

2) the creation of a federal state, which should include independent, sovereign, independent republics (this project received great support, and it was this form that was legally fixed).

The Declaration of the Rights of the Peoples of Russia was adopted by the Council of People's Commissars on November 2, 1917. It finally established the national-state system.

The Declaration proclaimed the basic principle of the national-state structure - the right of nations to self-determination.

The Declaration consolidated the inadmissibility of autocracy as a policy of inciting some peoples against others.

The essence of the right to self-determination of nations according to the Declaration (principles of the national state structure):

1) equality and sovereignty of the peoples of the Soviet state;

2) the right to self-determination extends up to the separation of peoples;

3) equality of the rights of peoples to free development;

4) all peoples were recognized as equal in their status, all former rights and privileges of any peoples were abolished.

The right to self-determination up to secession from Russia was used only by Finland, Poland and other republics in practice became completely dependent on the center.

Recognition of the right to self-determination of peoples was possible only in relation to the republics in which Soviet power was established. For example, the independence of Ukraine was recognized only after it became the Ukrainian Soviet Republic from the Ukrainian Rada.

The Declaration asserted not only the right to free self-determination of nations, but also the right of all peoples to join Soviet Russia. For example, the Latvian Soviet Republic became part of Russia.

Conditions for the republics to become part of the Russian Soviet Republic:

1) the voluntary will of the nation to join the Federation;

2) the presence in the subject wishing to enter the Soviet system of state power.

The main real method, as a result of which the republics declared their entry into the Soviet state, was the armed seizure of territories and the establishment of Soviet power on them.

The main task of the Declaration of the Rights of the Peoples of Russia is to create a lasting alliance of the Soviet peoples in the struggle against the "imperialist-annexationist bourgeoisie."

The Declaration established a commission for nationalities - the People's Commissariat for Nationalities (headed by I. V. Stalin).

The Declaration established the possible national-state statuses of the subjects of the Federation:

1) sovereign republics;

2) autonomies (for example, as autonomous republics, the RSFSR included the Turkestan Autonomous Republic, the Terek Autonomous Soviet Republic, the Kuban-Black Sea, and others).

The historical significance of the Declaration of the Rights of the Peoples of Russia: it became the basis for the subsequent formation of the federal structure of the Soviet state.

Legislative consolidation of the principles of the national-state structure of the Declaration took place from the moment the resolution of the III Congress of Soviets of Workers', Soldiers' and Peasants' Deputies "On Federal Institutions of the Russian Republic" was adopted.

65. Constituent Assembly. III Congress of Soviets of Workers', Soldiers' and Peasants' Deputies

The idea to convene a constituent assembly arose in the minimum program at the Second Congress of the RSDLP.

constituent Assembly - it was supposed to be a representative body of power, so it received the support of all parties. The idea of forming a Constituent Assembly spread especially widely after the February Revolution.

The Constituent Assembly was elected in November 1917 in the first general and nationwide elections. These elections were scheduled by the Provisional Government, but they were already held during the period of the victory of Soviet power, so the Constituent Assembly was not convened immediately after the elections, since the percentage of Bolsheviks in its composition was very small. The Constituent Assembly began its work on January 5, 1918.

Before the beginning of the work of the Constituent Assembly, a resolution of the All-Russian Central Executive Committee of January 3, 1918 "On the recognition of all attempts to appropriate the functions of state power as a counter-revolutionary action" appeared. It legislated the power of only one Bolshevik party.

From the moment the Constituent Assembly began its work, Lenin proposed the adoption of a "Declaration of the Rights of the Working and Exploited People." This project was rejected by a majority of the Constituent Assembly.

After the rejection of the "Declaration of the Rights of the Working and Exploited People" by V. I. Lenin, the Constituent Assembly was dissolved on January 6, 1918.

From that moment on, the functions of the highest legislative body of power were transferred to the III All-Russian Congress of Soviets of Workers' and Soldiers' Deputies, which on January 13, 1918 merged with the III All-Russian Extraordinary Congress of Peasants' Deputies. From that moment on, a single supreme body of power of the Soviets appeared - the All-Russian Congress of Workers, Soldiers and Peasants' Deputies.

The III Congress of Soviets adopted the rejected declaration on January 12, 1918. The declaration finally secured the sole power of the Soviets in the country.

The Russian Republic became a federal one, formed on the basis of the universal equality of all the peoples of Russia. The federal structure of the Soviet state assumed the existence of a single supreme authority and authorities in individual republics.

The Declaration of the Rights of the Working and Exploited People consisted of 4 sections:

1) the political and social basis of the state - the republic of Soviets of Workers', Soldiers' and Peasants' Deputies;

2) the main tasks of the Soviet state and general provisions reflecting the essence of Soviet power were established;

3) the foundations of the country's foreign policy;

4) the foundations of the federal structure.

The III Congress of Soviets decided to prepare the first Constitution of the Soviet state, which was based on the Declaration of the Rights of the Working and Exploited People.

Immediately after its official approval at the III Congress of Soviets, the Soviet government began to establish its own principles of organization of state power and economy in the country:

1) the highest organ of power was now the Workers' and Peasants' Government of the Russian Soviet Republic (decree of the All-Russian Central Executive Committee "On the new name of the existing supreme state power");

2) the nationalization of state wealth was approved: land and its subsoil (Decree "On the socialization of land").

66. General characteristics of the constitution of the RSFSR 1918

The draft Constitution of 1918 was being prepared for 4 months (April-July 1918). The final text of the Constitution was adopted on July 10, 1918 at the Fifth Congress of Soviets.

The structure of the Constitution of 1918 included sections:

1) Declaration of the Rights of the Working and Exploited People;

2) the general provisions of the Constitution of the RSFSR (they included articles on the rights and obligations of workers, the competence of the All-Russian Central Executive Committee, the Council of People's Commissars, etc.);

3) the construction of Soviet power (the organization of Soviet power in the Center and in the regions);

4) active and passive suffrage;

5) budget law;

6) about the emblem and flag of the RSFSR.

1. Declaration of the rights of the working and exploited people.

The social basis of Soviet power is the dictatorship of the proletariat. The political basis is the system of Soviets of Workers', Peasants' and Soldiers' Deputies.

Innovations in the economy established by the Constitution, - complete nationalization of forests, land, mineral resources, transport, banks, industry. The Constitution established a state monopoly in the economic sphere. The Supreme Council of the National Economy is the highest body in the field of economic management.

The duration of the Constitution was set - a transitional period from capitalism to socialism. The state structure of the RSFSR according to the Constitution of 1918 is the Federation. The subjects of the Federation are national republics.

The system of public authorities under the Constitution:

1) All-Russian Congress of Soviets of Workers', Soldiers', Peasants' and Cossacks' Deputies - the highest body of the legislature. It was a temporary body, in the period between sessions of the Congress, the duties of the supreme authority were performed by the All-Russian Central Executive Committee (VTsIK), elected by the Congress; The All-Russian Central Executive Committee is the highest legislative, administrative and controlling body, that is, the principle of separation of powers in the RSFSR acted conditionally;

2) Government of the RSFSR - the highest executive body. It was formed by the Congress of Soviets;

3) Council of People's Commissars. It was accountable to the Government of the RSFSR, it included people's commissars who headed individual branch people's commissariats);

4) regional, provincial, district and volost congresses of Soviets, their executive committees - local authorities (in cities and villages - city and village councils).

Electoral system under the Constitution of 1918

Only representatives of certain social groups, "workers" (the proletariat, peasants) had active suffrage.

Didn't have the right to vote:

1) persons using hired labor for the purpose of making a profit;

2) citizens living on "unearned income" (from renting out residential premises, lending to other citizens for a fee determined by a percentage for the use of funds, etc.);

3) private traders and intermediaries;

4) representatives of the clergy;

5) employees of the gendarmerie, police and security department.

Elections to the Soviets were multi-stage and based on the principles of representation and delegation, that is, citizens directly elected deputies to village and city Soviets and delegates to elections at all subsequent levels.

Historical Significance of the 1918 Constitution: there was a legal basis for the subsequent creation of Soviet legislation and the formation of the mechanism of state power and its structures.

67. The formation of the armed forces of the RSFSR in 1917-1918

Reasons for the creation of the Armed Forces:

1) The Decree on Peace of October 26 (November 8), 1917 announced the need for the withdrawal of Russian troops; The Decree on Peace led to the conclusion of the Treaty of Brest-Litovsk (according to it, the Baltic states, Belarus, Ukraine, Crimea went to Germany), which in turn led to the intervention of the Entente countries;

2) the beginning of the Civil War.

The first program for the formation of the army of the Soviet state assumed the absence of an army as such in the country of the Soviets, where eternal peace was to be established. In the event of a threat from the enemies of the proletariat, it was assumed that the masses of the people would immediately mobilize according to their own revolutionary consciousness.

In December 1917, the complete demobilization of servicemen from the army began.

An elective system of command of the Red Army was introduced (Decree of the Council of People's Commissars "On the elective beginning and on the organization of power in the army" of December 16, 1917). At the same time, all military personnel were given equal rights and all ranks and ranks of military personnel were abolished.

Soldiers' committees appeared, which exercised control over the military headquarters.

The decrees "On the Workers' and Peasants' Red Army" and "On the Workers' and Peasants' Red Fleet" of 1918 confirmed by law the need to create a new workers' and peasants' army.

The principle of the formation of the Red Army: voluntariness. Later, the Red Army began to be formed on the principle of appointment and unity of command (Decree of April 22, 1918).

Citizens could enter military service if they had recommendations from military committees, party and trade union organizations.

In the system of the Armed Forces of the Soviet state, mutual responsibility was established within the military units.

Only workers and peasants could enter the Red Army, it, like all power structures, was a class one.

The situation changed in April 1918, when a decision was made on universal military service. The beginning of universal conscription was laid by the Decree of the All-Russian Central Executive Committee "On universal training in the art of war" of April 22, 1918. And already in May 1918, the Decree "On forced recruitment into the worker-peasant Red Army" was adopted.

Red Army leadership system:

1) military commissars (they exercised control over the commanders of the Red Army and conducted their revolutionary agitation); All-Russian Bureau of the Military (later - the Political Directorate of the Revolutionary Military Council);

2) revolutionary military council (its head is Trotsky).

The Revolutionary Military Council of the Republic (Revolutionary Military Council) was formed in 1918.

His competence:

1) management of the work of all bodies of the military department and military institutions;

2) the formation of local revolutionary military councils and the appointment of their commanders.

In connection with the demand for professionals in the army, officers of the tsarist army were now called up for military service. Their activities were controlled and directed by military commissars.

At first, military discipline was supposed to be supported by the revolutionary legal consciousness of military personnel (presumably), in practice, in 1918, a single military uniform was introduced, Red Army books were issued for each soldier (they reflected the features of military service), and finally the first Soviet military charters were introduced.

68. Soviet judicial system 1917-1918

The judicial system of the Soviet state in 1917-1918. represented by the Decrees on the Court.

Court Decree 1 (November 1917)

Basic Provisions:

1) liquidation of the existing system of legal proceedings (with the exception of people's courts);

2) revolutionary tribunals were declared judicial bodies, whose competence included deciding cases on counter-revolutionary activities;

3) the application of the legislation of the overthrown governments was established in parts that do not contradict the principles and goals of the revolution and revolutionary consciousness;

4) it was established that former magistrates could be judges.

Principles of legal proceedings:

1) turnover of judges (election of judges is the goal);

2) publicity and publicity of the trial;

3) collegiality of legal proceedings.

Court system under Decree 1

1. Local (general) courts. They considered civil cases, in which the value of the claim did not exceed 3 thousand rubles, and criminal cases, in which the term of imprisonment was no more than 2 years, within the county; the courts carried out the investigation; protection in local courts could be carried out by any citizens with an impeccable reputation; their decisions and sentences were considered final and not subject to review on appeal:

1) local courts (resolved cases at first instance);

2) county courts (cassation instance).

2. Revolutionary tribunals. We considered the majority of criminal cases, mainly related to the struggle against counter-revolutionary forces: looting, sabotage; preliminary investigation and preparation of these cases for consideration was carried out by special investigative commissions under the Soviets.

Composition of local courts:

1) a professional judge;

2) 2 people's assessors.

Court Decree No. 2 (February 1918) Established district and regional courts. This is a much less class decree, it was created under the pressure of the Left Socialist-Revolutionary Party.

In these courts, proceedings had to be conducted in the language that prevails among the population of the region.

The courts have really become elective. The election of judges and people's assessors was carried out by the Soviets.

District courts considered civil and criminal cases that are outside the competence of the local court. In them, civil proceedings were carried out in the composition of 3 professional judges and 4 people's assessors, and criminal - in the composition of 1 professional and 12 people's assessors (2 reserve assessors). Sentencing in criminal cases was carried out jointly by people's assessors and the presiding judge. Collegiums of human rights activists were formed in district courts.

Regional courts were to consider civil and criminal cases in the cassation instance.

The cassation review was now carried out not only on formal grounds (shortcomings in the decision or sentence of the court), but also on factual grounds (unreasonableness of the decision or sentence of the court).

Court Decree No. 3 (July 1918) expanded the competence of local courts. Now they resolved civil cases, the value of a claim in which did not exceed 10 thousand rubles, and criminal cases, in which the punishment did not provide for a term of imprisonment of no more than 5 years.

The Court of Cassation was formed in Moscow. He tried cases in cassation for district courts.

69. Legislation of the period of War Communism and Civil War

War Communism period - 1918-1920

Characteristics of War Communism:

1) the nationalization of industry (the largest industrial enterprises completely became the property of the state by the summer of 1918);

2) declaration of state ownership of land;

3) a ban on private trade in bread and other essentials.

Legislation of War Communism:

1) The Decree of the All-Russian Central Executive Committee "On the organization of committees of the rural poor" of 1918 established the organization of new authorities in rural areas, which were engaged in the definition of poor citizens and kulaks;

2) Decree of the Council of People's Commissars of November 21, 1918 "On the organization of the supply of the population with all products and items for personal consumption and household" secured the nationalization of commercial enterprises. The competence of the People's Commissariat of Food included procurement and supply of food and basic necessities of the population;

3) the resolutions of the IV Extraordinary Congress of Soviets (November 1918) regulated the issues of foreign and domestic policy of the state;

4) Decree of the Council of People's Commissars "On the introduction of martial law in transport." In addition to the introduction of martial law, the Decree established that the management of industry is carried out by the Supreme Council of National Economy. The decree introduced general labor service for the period of the civil war in industrial enterprises and transport;

5) The Decree "On the Food Tax" (November 1918) finally established the state grain monopoly and the prohibition of private trade. Additions were made to this Decree by the Decree of the All-Russian Central Executive Committee "On the distribution of grain, bread and fodder" dated January 11, 1919, which introduced the surplus appropriation.

The surplus-appropriation - alienation of surplus grain and fodder accumulated by the peasants into state ownership. In-kind tax benefits were established for persons who handed over the necessary bread according to the distribution, and vice versa: if a person did not fulfill the obligation to distribute, he could be subjected to forcible seizure and confiscation. The apportionment was carried out by the people's commissars and the food commissariat;

6) The regulation of the All-Russian Central Executive Committee on socialist land management and on measures for the transition to socialist agriculture of 1919 finally secured the transfer of land to state ownership;

7) Decree of the Council of People's Commissars of October 11, 1920 "On the abolition of certain cash payments" abolished payment for fuel, housing, water, electricity, for the use of mail, telegraph, telephone for the proletariat.

The nationalization of all private industrial enterprises that employ more than 5 people with a mechanical engine, or more than 10 people if there was no engine, was legally fixed.

On December 12, 1919, the Guidelines for Criminal Law were adopted. The consideration of criminal cases was carried out by the people's court and revolutionary tribunals.

Complete electrification of Russia was carried out according to the plan of the Central Committee of the RCPb by the State Commission for Electrification.

In October 1918, according to the plans of the All-Russian Central Executive Committee, a reform of school education was carried out. The regulation on the unified Soviet labor school introduced compulsory secondary education in the Soviet state. Education in schools was in the native language and free of charge.

70. Legislation on marriage and family in 1917-1918

The basic principle of the social system of the RSFSR in the period of the establishment of Soviet power: the family is the cell of society.

Innovations in family and marriage law in 1917-1918.:

1) the mandatory consent of parents or employers to marriage has been abolished;

2) the difference in religion or racial affiliation of the spouses has ceased to prevent marriage;

3) distant kinship and a certain property of persons entering into marriage are no longer recognized as an obstacle to marriage.

The Decree "On civil marriage, on children and on the maintenance of books of acts of civil status" of December 18, 1917 fixed that the legal form of marriage is civil. Freedom of divorce was introduced.

Features of the Decree:

1) marriageable age: for men - 18 years, for women - 16; for the indigenous population of Transcaucasia: for men - 16 years, and for women - 13;

2) for the first time, the equality of women and men in the sphere of marriage and the family is legally fixed;

3) established the only permissible monogamous marriage;

4) the rights of children born in wedlock and illegitimate were equalized in rights.

In December 1917, the Decree "On the dissolution of marriage" was adopted.

He introduced a new divorce process. The grounds for divorce were not established. Divorce was carried out at the simple request of the spouses or one of them. Divorce by mutual consent of the spouses was carried out in the registry office.

In the event of a dispute during the dissolution of a marriage, divorce requests were considered by the court, and then the divorce was registered with the registry office. Both spouses or their proxies must be present at the divorce court. These cases were considered by the court in a single composition.

The divorce was confirmed by a divorce certificate issued by the court or the registry office.

The decree regulated the maintenance obligations of spouses for the maintenance of young children and the husband - for the maintenance of his wife.

All cases of divorce, in which no final decision was made by the spiritual consistories or the Synod, were recognized as liquidated, and the divorce had to be carried out in accordance with the procedure established by the Decree.

In September 1918, a special Code of Laws on Civil Status Acts, Marriage, Family and Guardianship Law was adopted.

Main provisions of the Code:

1) it was once again emphasized that church marriage does not give rise to any legal consequences;

2) the rights of the sexes were equalized, now the relocation of one of the spouses (in particular, the husband) did not entail the obligation of the other (the wife) to follow him;

3) the principle of the community of property of spouses was canceled (they could enter into all property-contractual relations not prohibited by law);

4) the principle of separation of property of parents and children was established;

5) adoption was prohibited;

6) the upbringing of children is a public duty of parents, and not their private affair; society has the right to interfere in the upbringing of children;

7) the general age of marriage was preserved: for men - 18 years, for women - 16, but there was no decrease in the age for the indigenous inhabitants of Transcaucasia;

8) a procedure was established for recognition by the father upon the application of the mother in relation to illegitimate children whose father is not known;

9) maintenance obligations appeared to disabled and needy grandfathers, grandmothers, grandchildren, brothers or sisters of able-bodied relatives.

71. Labor Code 1918

The first Labor Code of the Soviet state was adopted in December 1918. Its draft was developed by the People's Commissariat of Labor and the All-Union Central Council of Trade Unions.

The structure of the Labor Code included 137 articles, combined into Sections:

1) on labor service;

2) on the right to use labor;

3) on the procedure for providing labor;

4) on preliminary testing;

5) on the transfer and dismissal of workers;

6) on remuneration for work;

7) about working time;

8) on ensuring proper labor productivity;

9) on labor protection.

Applications to the Labor Code:

1) rules on the procedure for establishing work capacity;

2) on the issuance of benefits to workers during illness;

3) about the unemployed and the issuance of benefits to them;

4) about work books;

5) about weekly rest and public holidays.

The Labor Code applied to the entire range of persons working for remuneration and for hire in state, cooperative or private farms.

Basic provisions of the Labor Code:

1) labor standards: working hours (normal working time - 8 hours; reduced time when working at night; breaks in work; weekly rest; holidays; annual leave - 1 month), working conditions (normal; during overtime work );

2) regulation of rest: holidays, days off;

3) benefits for teenagers and women.

The regulation of work and rest, as well as control over the implementation of labor legislation by employers, was carried out by trade unions and inspections of the People's Commissariat of Labor.

Compulsory labor service was established for all citizens from 16 to 58 years old. Failure to fulfill this duty was punishable.

Forms of performance of labor service.

1. Branch natural duties. Persons who own the equipment, transport, and other technical means necessary for work were involved in their execution:

1) natural firewood duty;

2) labor service for procurement;

3) duty to load and unload fuel;

4) horse-drawn duty.

2. Labor mobilizations. All employees of the relevant sector of the economy in the territory of a certain area were involved in them:

1) mining specialists;

2) workers in the metal industry;

3) medical and sanitary workers, etc.

3. Militarization of enterprises and institutions (equating their workers with military personnel).

Labor duties corresponded to the "right to use labor in one's specialty", which was of a promising nature, while in the conditions of the establishment of Soviet power, everyone was obliged to work, regardless of the possibility of using their forces in one or another specific area of \uXNUMXb\uXNUMXbwork.

The Labor Code fixed the special role of trade unions: they had the right to decide on the issues of hiring citizens, their dismissal and the amount and form of remuneration.

Powers of trade unions (according to the Labor Code):

1) development of tariffs and tariff regulations (but they were approved by the People's Commissariat of Labor);

2) development of collective agreements by agreement with the employer or independently.

In addition to the Labor Code, labor relations were regulated by the "General Normal Tariff Regulations" of May 2, 1919 and the "General Tariff Regulations" of June 17, 1920.

These provisions regulated the amount of wages, as well as working hours and rest periods; admission and dismissal; guarantees and compensation.

72. Guiding Principles on Criminal Law 1919

Guidelines on the criminal law of the RSFSR dated December 12, 1919 - the main criminal law during the period of the establishment of Soviet power on the territory of the RSFSR.

Sources of Guiding Principles: the practice of courts and tribunals.

The main principle of criminal law: expediency. It was opposed to the principle of legality). The principle of resolving cases by the courts: the "socialist sense of justice" of the courts. The principle of application by the courts of the analogy of law was allowed in the absence of a specific rule in the law resolving a specific case.

Purpose of criminal law - the destruction of the class opponents of the proletariat and the coordination of its general actions aimed at achieving this goal.

The structure of the guidelines included an introduction and sections:

1) on criminal law;

2) on criminal justice;

3) about crime and punishment;

4) on the stages of the crime;

5) about complicity;

6) on the types of punishment;

7) on probation;

8) on the scope of criminal law.

The guiding principles were not divided into general and special parts.

Criminal law (in terms of guidelines) is "a system of legal norms aimed at protecting social relations that meet the principles of the working masses in the period of transition from capitalism to communism, through the use of repressive measures against criminals."

Crime - this is a violation of the order of social relations protected by criminal law.

The general repressive nature of the guiding principles led to the absence in it of any mention of the forms of guilt, the necessary defense, extreme necessity as circumstances affecting the nature and degree of responsibility of a person.

Punishment - these are coercive measures that ensure the legal order of social relations from its violators.

The principle of imposing criminal punishment: the court in this case had to take into account the degree and nature of the social danger of the offender, as well as the social affiliation of the offender ("belonging to the propertied class" or "poor") and the social orientation of the act ("in the interests of the oppressive class"), t i.e., criminal legislation was class-based.

The guiding principles also contained class mitigating circumstances.:

1) belonging to the "have-not class";

2) the state of hunger, need;

3) ignorance;

4) unconsciousness.

The punishment was also influenced:

1) the political or personal nature of the motives for the crime;

2) the degree of awareness by the criminal of his act;

3) complicity;

4) professionalism of the offender;

5) use of violence;

6) the object of the crime;

7) aggravating circumstances: motives of cruelty, malice, deceit, cunning, passion, frivolity and negligence.

Punishment system (by guiding principles): suggestion; public censure; compulsory study of the political literacy course; boycott; exclusion from the team; compensation for damage; removal from office; confiscation of property; deprivation of political rights; declaration "enemy of the people"; forced labor; deprivation of liberty; outlawing; shooting.

Measures of criminal punishment could be applied both administratively and extrajudicially by the bodies of the Cheka.

73. The national-state structure of the USSR in 1920-1940

the USSR - a federal state that legally took shape in 1923 by signing the Treaty on the Creation of the USSR.

The system of the national-state structure of the USSR:

1) the USSR;

2) equal (in the beginning - sovereign) republics.

Discussion of the project of unification of the Soviet republics (1922) was the first stage in the formation of the national-state structure of the USSR. Proposals on the form of government:

1) confederate (V. I. Lenin);

2) unitary (I. V. Stalin).

In August 1922, the Organizing Bureau of the Central Committee of the RCP formed a special commission from among its members to develop a possible form of unification. As such, it was recognized as a federal republic, uniting equal sovereign republics (USSR).

A special commission of the Central Committee of the Russian Communist Party prepared a draft Treaty on the Formation of the USSR. After a long discussion of the draft, the "Basic Points of the Constitution" were adopted and in November 1922 sent to the republics for discussion.

The second stage in the formation of the national-state structure of the USSR was discussion of the draft Treaty on the Creation of the USSR and its signing. The Congresses of Soviets of the Soviet Republics decided on the formation of the USSR and elected their plenipotentiary delegates to the First Congress of Soviets of the USSR. On December 23-29, the last XNUMXth All-Russian Congress of Soviets took place, which was attended by delegates from the republics of the XNUMXst All-Union Congress. x The All-Russian Congress of Soviets decided to create the USSR and join the RSFSR to it.

On December 30, 1922, the First Congress of Soviets of the USSR opened. He finally decided to unite the Soviet socialist republics in the USSR. The First Congress of Soviets of the USSR approved the Declaration and Treaty on the Formation of the USSR, which later served as the basis for the first Constitution of the USSR in 1924.

The agreement on the creation of the USSR was originally signed by the RSFSR, BSSR, ZSFSR, Ukrainian SSR.

The principle of the federal structure of the USSR: the openness of the Treaty on the creation of the USSR for the entry of new republics.

Subsequent development of the USSR - the third stage of the formation of its national-state structure. Initially, Bukhara and Khorezm were not Soviet republics, therefore they did not become part of the USSR. The Turkestan ASSR was part of the RSFSR as an autonomous republic. In September 1924, the Central Executive Committee of the Turkestan ASSR, V All-Bukhara and V All-Khorezm Kurultai of Soviets divided the republics into the Uzbek SSR (joined the USSR in 1925), the Turkmen SSR (in 1925), the Tajik ASSR (became part of the Ukrainian SSR in 1926 .), Kirghiz ASSR.

In the Constitution of the USSR of 1936, the entry of new republics was fixed: Azerbaijan, Armenian and Georgian.

It also transformed the Kazakh and Kyrgyz Republics from autonomous republics of the RSFSR into union ones.

On July 21, 1940, the People's Seimas of Latvia and Lithuania and the State Duma of Estonia proclaimed the establishment of Soviet power in the Baltic states, and by a decree of the Presidium of the Supreme Soviet of the USSR of September 7, 1940, the Latvian SSR, the Lithuanian SSR and the Estonian SSR became part of the USSR as equal subjects.

In 1940, the composition of the USSR (16 union republics) was finally formed: RSFSR, Ukrainian SSR, Belorussian SSR, Uzbek SSR, Turkmen SSR, Tajik SSR, Azerbaijan SSR, Armenian SSR, Georgian SSR, Kazakh SSR, Kirghiz SSR, Karelian-Finnish SSR , Latvian SSR, Lithuanian SSR, Estonian SSR and Moldavian SSR.

74. General characteristics of the new economic policy

Reasons for the introduction of the NEP: a difficult economic and political situation caused by total nationalization and the policy of surplus appropriation. Peasant unrest increased (late 1920 - early 1921) - the Antonov movement in the Tambov province, the Kronstadt rebellion.

The main essence of the NEP - permission for the free exchange, sale and purchase of agricultural and handicraft products.

The Decree of the All-Russian Central Executive Committee "On the replacement of food and raw material allocation by a tax in kind" dated March 21, 1921 established that the allocation of food, raw materials and fodder was replaced by a tax in kind. Part of the poor was exempted from tax in kind, the middle peasants were taxed moderately, and the kulak farms were taxed at an increased rate.

The procedure for calculating the tax: the amount charged to the taxpayer, the more, the more he produced.

All surplus products, after paying taxes, became the full property of the peasants and could be used by them in any form not prohibited by law (to improve their economy, exchange and trade through cooperation in the market).

In 1924 taxes in kind were replaced by money taxes.

Taxes - the main source of state financing and budget replenishment (1/5).

Tax system (1923): agricultural tax; trade tax; income tax.

Decree of the Council of People's Commissars of May 24, 1921 "On Exchange" legally permitted the free exchange of agricultural products and handicraft small industry, that is, private trade was allowed for citizens and cooperative organizations.

Trade during the NEP allowed free trade. Private capital rushed into trade and intermediary turnover, mainly into retail trade.

In the villages, private trade held 8/10 or 9/10 retail trade. However, the state controlled free trade, for this purpose the People's Commissariat of Trade of the USSR was formed in 1924, which directed the market policy.

Commercial legal entities also appeared (in the form of state trusts). They received separate property from the state on the right of economic management and could independently dispose of their products.

It was allowed to lease industrial enterprises to citizens and their cooperative associations. The terms of the lease agreement in this case were established only by the Soviet state. It was impossible to correct them.

Concession agreements spread, that is, the leasing of economic facilities to foreigners, according to which the concessionaires fulfilled the conditions of the Soviet state (in the field of wages and organization of working hours).

Monetary reform during the NEP: banknotes of the 1924 model appeared, which were provided with gold and commodity mass.

The state ensured the reduction of prices for manufactured goods and the elimination of the price gap.

End of the NEP (late 20s-early 30s) was marked by the establishment of the country's political and economic course towards the curtailment of the NEP, industrialization and collectivization.

Since 1929, command-administrative methods of economics have appeared. The pace (according to five-year plans) of industrial development has increased.

In December 1929, the transition began to a policy of eliminating the kulaks as a class.

75. Judicial reform of 1922

The regulation "On the judiciary of the RSFSR" of November 11, 1922 established a "single system of judicial institutions" on the territory of the RSFSR:

1) general courts;

2) special courts:

a) military tribunals;

b) military transport tribunals;

c) labor sessions of people's courts;

d) land commissions;

e) arbitration commissions.

Revolutionary tribunals and other special courts created in connection with the establishment of Soviet power in the localities were abolished.

Three-tier structure of common courts

1. People's Court administered justice within the county or city district, section.

His competence: most civil and criminal cases, with the exception of cases referred to the competence of the provincial court. The people's court provided for a collegiate (professional judge and 2 people's assessors) and individual consideration of:

1) alone - simple family and administrative matters;

2) collectively - all the rest.

2. provincial court was the administrative and administrative body in relation to the people's courts. He considered cases in cassation and the most important civil and criminal cases - at first instance.

Its structure:

1) plenum;

2) criminal department;

3) the criminal cassation department;

4) civil department;

5) civil cassation department;

6) disciplinary board.

3. Supreme Court of the RSFSR - the highest judicial body.

Members of the Supreme Court of the RSFSR were appointed by the All-Russian Central Executive Committee of the RSFSR.

Its structure:

1) presidium (competence - administrative powers in regulating the activities of courts);

2) plenary sessions, plenums (competence: interpretation of legislation, review of sentences and decisions by way of supervision, election of a disciplinary board);

3) cassation boards for civil and criminal cases (included three judges);

4) specialized boards: judicial, military, military transport, disciplinary.

Judicial board - the court of first instance.

After 1923 the Judicial Collegium: Collegium for Civil Cases; board of criminal cases.

In 1923, a new link appeared in the general judicial system - the Supreme Court of the USSR, the highest judicial authority of the USSR.

Competence of the Supreme Court of the USSR:

1) supervision of the legality of decisions and sentences of courts;

2) an explanation of the application and interpretation of all-Union legislation (they were mandatory);

3) making decisions on the unconstitutionality of legislative and by-laws;

4) revision of decisions and sentences from the point of view of their compliance with all-Union legislation;

5) the decision of cases of exceptional importance, criminal cases against senior officials of the USSR and cases of personal jurisdiction, disputes between union republics - the first instance.

Structure of the Supreme Court of the USSR:

1) plenum;

2) boards: civil-judicial, criminal-judicial, military and military-transport.

The Supreme Court of a Union Republic is the highest judicial body. He was elected by the Supreme Council of the Union Republic for a term of 5 years. The courts were not independent. Control over their activities was carried out by the People's Commissariat of Justice of the USSR.

Its functions:

1) codification of the legislation of the USSR;

2) legal advice;

3) mandatory conclusions for the Council of People's Commissars of the USSR.

76. Decree of the All-Russian Central Executive Committee of May 22, 1922 "On the basic private property rights recognized in the RSFSR, protected by its laws and protected by the courts of the RSFSR." Civil Code of the RSFSR 1922

1920. - NEP period. Some features of the capitalist form of economic management and free trade appeared.

Decree of the All-Russian Central Executive Committee of May 22, 1922 "On the Basic Private Property Rights Recognized in the RSFSR, Protected by Its Laws and Protected by the Courts of the RSFSR" established the permissible forms of entrepreneurial activity, the procedure for the formation of various organizational and legal forms of business companies, the types of property for which private property is allowed, etc.

New commodity-money relations required additional regulation; on March 20, 1922, the Regulations "On bills" were adopted.

Bill - instrument of payment; An unconditional monetary obligation issued by one party (the drawer) to another party (the drawer).

Types: promissory note and bill of exchange.

The Civil Code was adopted in October 1922, but entered into force only the following year.

The principle of regulation of civil legal relations: civil rights were protected by law only if they are used within their social and economic purpose.

Property rights belong to everyone regardless of gender, race, nationality or religion.

Types of property rights of citizens:

1) free movement within the territory of the RSFSR;

2) engaging in any type of activity not prohibited by law;

3) free acquisition and alienation of property;

4) establishment of industrial and commercial enterprises.

GC structure: a common part; real right; law of obligations; inheritance law.

New GK installed:

1) the legal status of subjects of civil legal relations;

2) types of objects of civil legal relations;

3) concept and types of transactions;

4) limitation period.

The ownership right under the Civil Code had the following types of ownership: state (municipal and nationalized); cooperative; private.

Obligation law under the Civil Code - the right of one person (creditor) to demand from another person (debtor) a certain action or refraining from action.

GC established conditions for the invalidity of the transaction:

1) the purpose of the transaction is a violation of the law;

2) deceit, threat or need - the reason for concluding a transaction;

3) imaginary, feigned.

Types of inheritance: by law and testament.

recognized as legitimate heirs: spouse; descending direct relatives: children, grandchildren, great-grandchildren; disabled and indigent persons (dependants of the deceased).

Principles of succession by law - equality of shares of the hereditary mass.

The will allowed the assignment to the heir to perform certain duties.

Deadline for accepting an inheritance - 6 months from the date of its opening. If the property was not accepted by the heirs, then it passed to the state.

Decree of the Central Executive Committee and Council of People's Commissars of the USSR dated January 30, 1926 "Fundamentals of Copyright" established that the objects of copyright are works of literature, science and art. Copyright was valid for 25 years from the date of creation of the work.

The socialist nature of the regulation of property relations was manifested in the right of the state to the forced purchase of any work.

77. The Criminal Code of the RSFSR of 1922. The main principles of the criminal legislation of the USSR and the Union Republics of 1924. The Criminal Code of the RSFSR of 1926

Wide codification of the 20s. XNUMXth century affected the criminal law.

In 1922, the first Criminal Code of the RSFSR began to operate.

The structure of this normative act included: introduction; a common part; special part.

Crime (UK 1922) - a socially dangerous act or inaction that threatens the foundations of the Soviet system and the rule of law.

Grounds for criminal liability - guilt, which can be expressed both in the form of intent and in the form of negligence.

Purposes of punishment: educational, general and private prevention.

Justice in criminal cases has become the exclusive right of the courts.

The first place in terms of public danger belonged to state crimes: counter-revolutionary crimes, armed uprisings, invasion of the country, espionage, terrorist acts, etc.

There were other crimes:

1) against the order of management;

2) official, economic, property, etc.

Conditions for exemption from criminal punishment:

1) age of the offender - less than 14 years;

2) necessary defense.

In connection with the formation of the USSR in October 1924, the "Basic Principles of the Criminal Legislation of the USSR and the Union Republics" were adopted. And in 1926, on its basis, a new Criminal Code of the RSFSR.

Features of codification:

1) the all-Union Criminal Code had the highest legal force;

2) tightening of criminal legislation and penalties.

Punishments:

1) expulsion from the RSFSR for a term or indefinitely;

2) deprivation of liberty;

3) forced labor;

4) conditional sentence;

5) confiscation of property, etc.

Part of criminal offenses was regulated by special legislation, among which are:

1) Decree of the Central Executive Committee and Council of People's Commissars of the USSR "On the protection of property of state enterprises, collective farms and cooperation and the strengthening of public (socialist) property" of August 7, 1932. Public property (according to the Decree) is the basis of the Soviet system and is subject to special protection. Persons encroaching on public property are enemies of the people. Theft of public property was punished by execution with confiscation of property or, in the presence of mitigating circumstances, by imprisonment for a term of at least 10 years, but confiscation of property is mandatory;

2) Decree "On criminal liability for petty theft at work and for hooliganism" of the USSR PVS on August 10, 1940. Petty theft was punishable by imprisonment for at least a year;

3) Resolution of the Central Executive Committee and Council of People's Commissars of the USSR "On measures to combat juvenile delinquency." Set the age of criminal responsibility - 12 years for serious crimes (theft, murder, violence, physical injury). Established criminal responsibility for inciting or attracting minors to participate in crimes, for forcing them to engage in prostitution, speculation, begging;

4) Correctional Labor Code of the RSFSR of October 16, 1924

Penitentiary institutions:

1) for the application of corrective social protection measures;

2) for the application of measures of social protection of a medical and pedagogical nature;

3) for the application of measures of social protection of a medical nature.

78. Regulations on state industrial trusts

The period of the NEP is associated with the spread of economic companies. There was a need for legislative regulation of their legal status. This was done by the Regulation "On Trusts" on April 10, 1923.

The regulation allowed the establishment of state trusts.

Trust - the simplest form of economic society. Trusts were established in the industrial economy.

State trusts in the USSR had the status of a legal entity. The regulation on trusts established that the trust is an association of related industrial enterprises and at the same time - the main production and economic entity of civil legal relations in the RSFSR.

Signs of state trusts:

1) the rights and obligations of legal entities (for example, the right to act in civil circulation on their own behalf, to be a plaintiff and defendant in court and arbitration);

2) separate property of the trust, but not included in the scope of the property of the trust;

3) ownership of the manufactured products and free disposal of them.

The regulation fixed the principles of state economic institutions - commercial settlement in the presence of the goal of making a profit.

The general policy of the NEP (and the Regulations) provided part of the nationalized medium and small enterprises to cooperative associations of citizens and private individuals on a leasehold basis, i.e., features of the capitalist economic system with certain socialist features appeared (enterprises were still owned by the state) - state capitalism .

Signs of state capitalism:

1) the lease agreement for enterprises included only those conditions (including those defining the rights and obligations of the tenant) that were established by the state;

2) the state had the right to conclude commercial concession agreements with citizens and their cooperative associations, i.e., to lease economic objects (enterprises) to foreigners, while the concessionaires had to obey the terms of the agreement determined by the Soviet state, for example, the wages of workers of these enterprises must be set not lower than the legislatively fixed in the RSFSR, and working hours - no more than a 40-hour working week, with the obligatory provision of vacations to workers and all guarantees and compensations to employees established at that time in the RSFSR.

The main right under the terms of the agreement between the Soviet state and the trusts on the provision of enterprise property is the right of economic management, i.e., all the property of the enterprise could not be the property of the trust, which only had the right to improve this property, increase it and the cost of maintaining the enterprise.

The property of the enterprise included: the actual production facility, the adjacent necessary territory, technical equipment, etc.

Peculiarities of Mutual Rights and Obligations of the State and Trusts:

1) the state did not answer for the debts of the trusts, but the trusts did not answer for the debts of the state;

2) all the profits of the trust were to be deducted to the income of the treasury, only 20% of the profits and deductions to the fund for improving the living conditions of workers and funds for material incentives were transferred to the ownership of the trust (to the reserve capital account).

79. Law enforcement agencies during the NEP period

Among the first among the law enforcement agencies, one can single out the prosecutor's office, whose activities were regulated by the Regulation "On Prosecutorial Supervision", approved by the USSR PVS on May 28, 1922.

Status of the Prosecutor's Office: department of the People's Commissariat of Justice, the prosecutor's office was not independent, local prosecutors were accountable to local executive committees.

Actually, the USSR Prosecutor's Office was formed on December 17, 1933, according to the Regulations "On the USSR Prosecutor's Office".

The regulation approved the system of the prosecutor's office of the USSR and the union republics:

1) Prosecutor of the USSR, his deputies - the highest official of the prosecutor's office, all other prosecutors are accountable to him, he was appointed by the Central Executive Committee of the USSR;

2) republican prosecutors - senior officials of the prosecutor's office of the republic, people's commissars of justice;

3) local prosecutors (cities, districts) - subordinate to the prosecutor of the republic, were also appointed to the post by the prosecutor of the republic.

Competence of the Prosecutor's Office:

1) supervision of the legality of the actions of all authorities, organizations and individuals (general supervision);

2) supervision of bodies of inquiry, investigation, GPU;

3) maintaining the accusation in court;

4) supervision of places of deprivation of liberty.

Powers of prosecutors:

1) submission of a submission on the abolition of illegal acts;

2) submission of protests to higher authorities against the illegal actions of the authorities and illegal sentences of the courts in the cassation and supervisory procedure;

3) initiation of criminal cases;

4) give instructions and explanations to the bodies of inquiry and investigation;

5) approval of indictments;

6) release of illegally detained persons.

The regulation "On the United State Political Administration" of the Presidium of the Central Executive Committee on November 15, 1923 is the basis for the formation of the SOGPU. On the ground, local bodies of the SOGPU were formed.

OGPU - a constitutional body with the rights of the people's commissariat.

The competence of the OGPU: the fight against counter-revolutionary actions, wrecking organizations, banditry.

Powers of the OGPU:

1) operational intelligence activities;

2) investigation of criminal cases within its competence;

3) the use of repression.

The OGPU was one of the judicial bodies (Judicial Collegium) that were not courts.

Decree of the Central Executive Committee and Council of People's Commissars of the USSR dated December 15, 1930 liquidated the people's commissariats of internal affairs of the union and autonomous republics. Now (May 25, 1931) the Regulations "On Workers' and Peasants' Militia" were in force.

Militia was the administrative and executive body of the Soviet government.

The main task of the police was the protection of revolutionary order and public safety.

The competence of the police:

1) enforcement of laws and orders of central and local authorities within their competence;

2) combating crime and investigating criminal cases;

3) protection and protection of state and public property;

4) ensuring personal security and property of citizens.

Workers' and Peasants' Militia System:

1) the main police departments of the union republics - the main police bodies (they were formed under the Council of People's Commissars of the republics);

2) police departments: regional, regional, autonomous republics, district and city - local bodies. Under the militia, voluntary societies were formed, which were led by the militia.

Depending on the competence, the militia bodies were divided into: general; departmental.

80. Constitution of the USSR 1924

Constitution of the USSR 1924 - a consequence of the formation of the USSR.

Union unification plans:

1) Lenin believed that the USSR should be based on confederate principles, the revolution would go to the West, and any state could join the confederation;

2) Stalin is the opposite: it will be easier for the union to resist enemies if the state is unitary.

The 1924 constitution stated the fact of the creation of a new union Soviet state and included 2 sections:

1) Declaration on the formation of the USSR;

2) The Treaty on the Formation of the USSR, signed at first by the Russian Federation, Ukraine, Belarus, the Transcaucasian Republic, and later Uzbekistan and Turkmenistan joined it.

Principles of the unification of the Soviet republics into a single state (according to the Declaration):

1) voluntariness;

2) equality;

3) preservation of the sovereignty of the republics and the right of their free exit from the USSR; the right of the republics to their mandatory consent in the event of a change in their territories.

The treaty contained the main provisions of the organization of power and the structure of the USSR, forming 11 chapters: on the subjects of the jurisdiction of the supreme power of the USSR authorities, on the Congress of Soviets, on the Central Executive Committee, on the Supreme Court of the USSR, etc.

The system of supreme authorities under the Treaty:

1) the highest body of power in the USSR - the Congress of Soviets of the USSR (temporary; in the period between its congresses, the highest body of power in the USSR - the Central Executive Committee);

2) The Central Executive Committee of the USSR (formed from the Union Council, elected by the congress from representatives of the republics in proportion to their population, and the Council of Nationalities, formed from representatives of the union and autonomous republics and representatives of autonomous regions; The Presidium of the Central Executive Committee in the period between congresses had the powers of the highest legislative and executive body of the USSR );

3) the Council of People's Commissars of the USSR - the executive and administrative body of the Central Executive Committee of the USSR (the Central Executive Committee of the USSR was formed, it included the Chairman of the Council of People's Commissars, his deputies and 10 people's commissars; in the structure of the Council of People's Commissars, people's commissariats were formed, which carried out direct management of certain branches of government);

4) people's commissariats (5 of them are all-union: foreign affairs, military, maritime, foreign trade, communications, mail and telegraphs; and 5 are united: the Supreme Economic Council, food, labor, finance, RKI).

Subjects of the exclusive jurisdiction of the USSR under the Treaty on the Formation of the USSR:

1) international relations and foreign trade;

2) solution of issues of war and peace;

3) leadership of the armed forces;

4) general management and planning of the economy and budget;

5) development of the fundamentals of legislation for all republics.

Competence of the Union Republics:

1) internal affairs;

2) agriculture;

3) education;

4) justice;

5) social security and healthcare.

There are 2 editions of the declaration and the contract:

1) the USSR is a confederate state;

2) The USSR is a federal state.

The USSR is a federation of sovereign equal republics (formally). (In reality) the USSR is a unitary state centered in Moscow.

Stalin introduced changes to the Treaty on the formation of the USSR:

1) the right to withdraw from the union republics was preserved, but the consent of other republics was no longer required, i.e., the exit mechanism was destroyed;

2) the question of the expansion of the USSR was transferred to the jurisdiction of the USSR.

81. Credit reform of 1930 Principles of management of agriculture and industry

1930. - the period of the end of the NEP. These years were marked by a radical change in economic policy in the USSR; the policy of collectivization and industrialization was pursued - this became the reason for changes in the state apparatus for managing the national economy.

The main principle of the economy of the USSR is the State Planning Commission.

System of country's economic management bodies.

In 1931, under the Council of People's Commissars of the USSR, special commission, which was endowed with the rights of the People's Commissariat and was engaged in the development of plans for the next five-year plans.

By a resolution of the Central Executive Committee and the Council of People's Commissars of the USSR of January 5, 1932, the Supreme Council of the National Economy of the USSR (VSNKh of the USSR) was transformed into the all-Union People's Commissariat of Heavy Industry.

By the Decree of the Central Executive Committee of the USSR, the Council of People's Commissars of the USSR and the All-Union Central Council of Trade Unions of June 23, 1933, the People's Commissariat of Labor of the USSR was merged with the All-Union Central Council of Trade Unions.

Collegiums of people's commissariats were liquidatedwhich were later restored. Under the people's commissariats, special councils were formed in the amount of 40-70 people, their powers included solving current issues of organizations and enterprises (these are temporary bodies).

In connection with the change in the economic policy of the country in 1930-1931 credit reform was carried out.

The essence of credit reform: the role of the State Bank as a credit, settlement, cash and emission center of the country has increased. Practically only he owned the right to lend and receive deposits from the population. Economic bodies and institutions could not carry out mutual lending; this was the exclusive right of the State Bank. His powers included control of the ruble over the economic and financial activities of enterprises and organizations.

В 1930. There has been a general trend towards complete state control over the country's economic sphere. The XVII Congress of the All-Union Communist Party (Bolsheviks) made a proposal to eliminate the functional management system, which followed in the form of a resolution of the Central Executive Committee and the Council of People's Commissars of the USSR from March 15, 1934

A new production and production-territorial management system was introduced. From that moment on, associations and trusts were prohibited in the economic environment, and the connection between the central economic bodies and the largest subordinate enterprises expanded more and more.

The industry of the USSR expanded, received greater specialization. The management of this sphere was carried out by specially formed new commissariats.

Industry worked within the framework of state plans for general industrialization.

The agrarian sector of the economy has also undergone changes, but a number of general principles of the socialist model of society:

1) ownership of land, subsoil, water and forests could only be state property;

2) the prohibition of all types of transactions with land, except for the "labor lease" of land, that is, for cultivating it with one's own labor;

3) prohibition of the use of hired labor for cultivating the land;

4) types of land use: communal, precinct and friendly.

The policy of collectivization occupied the main place in the country's agrarian economy. Collective farms were formed everywhere. On March 1, 1930, the Council of People's Commissars of the USSR and the Presidium of the Central Executive Committee of the USSR approved the first "Exemplary charter of an agricultural artel", which determines the activities of collective farms.

82. Criminal and criminal procedure law in the 1930s

The main purpose of criminal law in the 1930s. - the fight against the most dangerous state crimes committed by class opponents of Soviet power, against crimes encroaching on socialist property, disrupting the normal work of industry and undermining labor discipline in the USSR, etc.

Principles of criminal procedure:

1) inviolability of the person;

2) publicity;

3) participation of the defense counsel and members of the public in the trial (only at the stage of the trial);

4) a comprehensive and objective examination of the circumstances of the case;

5) free evaluation of evidence by the court.

Stages of the criminal process:

1) initiation of a criminal case;

2) inquiry and preliminary investigation;

3) bringing to trial;

4) legal proceedings;

5) sentencing;

6) cassation hearing;

7) execution of the sentence.

Grounds for terminating a criminal case:

1) the death of the accused;

2) reconciliation of the parties (only in private cases);

3) expiration of the limitation period.

The peculiarity of the criminal procedural legislation in the 1930s. - Possibility of trial in absentia of criminal cases. In the 1930s the Criminal Code of the USSR, adopted on June 1, 1922, was in force.

A crime (according to the Criminal Code of 1922) is any socially dangerous action or inaction that threatens the foundations of the Soviet system and the rule of law.

Forms of guilt: intent and negligence.

Purposes of criminal punishment:

1) adaptation of violators to the conditions of a socialist hostel;

2) prevention of new crimes (general and private prevention);

3) depriving the offender of the opportunity to commit further crimes.

Criminal punishment could be imposed not only by the court (sentence), but also by other judicial bodies. The condition for release from punishment was the necessary defense. Persons under the age of 14 were not brought to criminal responsibility.

Types of punishment:

1) exile outside the RSFSR (for a fixed period or indefinitely);

2) deprivation of liberty (with or without strict isolation from society);

3) forced labor without detention;

4) conditional sentence;

5) confiscation of property (full or partial);

6) fine;

7) dismissal from office;

8) public censure and the imposition of the obligation to make amends for the damage;

9) the highest measure of punishment - execution.

First place among crimes occupied public. These included: counter-revolutionary crimes; armed uprisings; invasion of the territory of the country; espionage; terrorist acts, etc.

In addition, it was also mentioned crime:

1) against the order of management;

2) official, economic, property;

3) against the life, health, freedom and dignity of citizens;

4) military;

5) against public order and public safety.

Criminal penalties in the 1930s were executed in accordance with the Correctional Labor Code of the RSFSR of 1924, which regulated the activities of places of deprivation of liberty and the organization of forced labor, established the types of places of detention, institutions for the application social protection measures:

1) corrective character;

2) medical and pedagogical nature;

3) medical nature.

83. Constitution of the USSR 1936

The draft of the new Constitution of the USSR was prepared by mid-May 1936 by a constitutional commission elected at the 1936th Congress of Soviets of the USSR. By the end of XNUMX the Constitution of the USSR was adopted.

Prerequisites for the creation of the 1936 Constitution:

1) the USSR was increasingly turning into a powerful industrial power, the features of an agrarian-industrial state were being lost;

2) the capitalist features of the economy were replaced by socialist ones;

3) socialist ownership of the instruments and means of production was finally established;

4) the exploiting classes have disappeared;

5) a collective-farm peasantry was formed;

6) there has been a further democratization of the electoral system.

Features of the Constitution of the USSR of 1936 (in comparison with the Constitution of 1924):

1) this is a broader Constitution, which included new chapters: on the social structure; about local public authorities; about the court and the prosecutor's office; on the fundamental rights and obligations of citizens; about the electoral system;

2) the norms of the Constitution of 1936 regulated in detail the state structure of the USSR, the system of higher authorities of the USSR and the union republics:

a) the supreme body of power - the Supreme Council, its Presidium (formed on the basis of universal suffrage and direct secret voting for 4 years, suffrage arose from the age of 18);

b) the Council of People's Commissars (SNK - the highest executive and administrative body), the people's commissariat (accountable to the Supreme Council);

c) the system of courts and prosecutor's offices (the Supreme Court of the USSR, the supreme courts of the Union republics, regional, regional, district courts; people's courts were elected bodies, the term of office was 3 years);

3) in the social structure, the presence of two friendly classes in society was established: workers and peasants;

4) the political basis of the USSR was consolidated - the councils of working people's deputies, i.e., a single political ideology took shape legislatively;

5) the economic basis of the Constitution called the socialist system of economy and socialist ownership of the instruments and means of production; two forms of ownership were fixed: state (land, water, mines, transport, means of communication) and cooperative-collective farm (public enterprises in collective farms and cooperative organizations with their inventory, products, public buildings), as well as personal property of collective farmers to a personal plot (house , livestock, small inventory);

6) the economic life of the country was subordinated to the state national economic plan;

7) work was constitutionally declared a duty and a matter of honor for every able-bodied citizen of the USSR;

8) principles of state structure: Soviet and socialist federalism; voluntariness and unification of the republics, their equality and sovereignty;

9) the central authorities of the USSR had the greatest scope of powers:

a) representation of the country in international relations;

b) solution of issues of war and peace;

c) the admission of new republics to the USSR;

d) drawing up the national economic plans of the USSR, etc.;

10) the status of citizens under this Constitution included: the right to own labor income; work duty; the right to rest, to material security in old age, illness, disability, etc.

84. Features of Soviet law and government during the Great Patriotic War. Family and marriage law according to the decree of the PVS of the USSR of July 8, 1944

The conditions of the Great Patriotic War required the instant mobilization of all military and economic resources - this is the main reason for the reform of all Russian law in this period.

The entire healthy male population was involved in military service, with the exception of minors and the elderly. Citizens evading compulsory military training were held criminally liable.

The rest of the population had to work.

Decree of the PVS of the USSR of February 13, 1942 "On the mobilization for the wartime period of the able-bodied urban population for work in production and construction"

introduced criminal liability for persons evading mobilization for work in production and construction. The punishment for this crime is forced labor in production and construction at the place of residence for up to 1 year.

All criminal legislation was replenished with new elements of crimes and became tougher.

Decree of the PVS of the USSR of November 15, 1943 "On liability for the disclosure of state secrets and for the loss of documents containing state secrets", established criminal liability in the form of imprisonment up to 10 years for officials and up to 3 years for private individuals.

The death penalty was appointed for fascist criminals and their accomplices - traitors to the Soviet Motherland.

Responsibility for illegal possession of weapons was established for persons living in the liberated territories and who did not hand over trophy weapons.

Speculation has received a significant expansion in the definition of crime. Responsibility has increased.

В economic relations contract law began to be applied less often, the role of administrative acts increased.

By the Decree of the PVS of the USSR of March 1, 1945 "On heirs by law and by will," the circle of heirs by law expanded, and adopted children were included in them. Otherwise, inheritance retained its basic requirements. Inheritance by will was allowed.

Labor law as a whole has also become tougher. The Decree of the PVS of the USSR of June 26, 1941 granted the directors of enterprises in industry, transport, agriculture and trade the right to establish, with the permission of the Council of People's Commissars of the USSR for workers and employees of enterprises, mandatory overtime work lasting 1-3 hours a day, canceled vacations, replacing them with monetary compensation.

Family and marriage law during the Great Patriotic War changed, the Decree of the PVS of the USSR of 1943 "On Adoption" established that the adoptee, at the request of the adopter, can be assigned a surname and patronymic by the name of the adopter. Adoption of persons who have reached the age of 10, assigning them a surname and patronymic after the name of the adopter, as well as recording adoptive parents as parents without the consent of the adoptees were not allowed.

legal marriage - registered. The right of a mother who was not married to the alleged father to file a lawsuit to establish paternity and collect child support was abolished. The procedure for divorce has changed, it was carried out publicly, through the courts, closed hearings were allowed at the request of the spouses. Divorce was made difficult in order to strengthen families.

85. Law on universal conscription of 1939 Red Army during the Great Patriotic War

Law "On General Military Duty" 1939 marked the beginning of the reform in the Armed Forces of the Soviet state. It was adopted by the Supreme Soviet of the USSR on September 1, 1939.

The previously existing system of the Armed Forces was characterized by the following features:

1) a small number (in 1923 the Red Army consisted of 600 thousand people, comprising 46 territorial and 31 personnel divisions) and the predominance of the share of communists in the army;

2) the formation of the Red Army according to a mixed system, in its composition territorial police and personnel units were created.

Reasons for the reform of the Red Army in 1939:

1) aggravation of the international situation;

2) an increase in the complexity of military equipment that was in service with the Red Army;

3) reduction in the size of the Red Army as a result of mass repressions in 1937-1938.

The main result of the reforms was a change in the order of formation of troops. Now the Armed Forces of the Soviet state were formed only according to the personnel system, while the territorial-militia system lost its relevance and was eliminated.

The reform affected the organizational structure of the Armed Forces of the USSR.

The local military apparatus included:

1) military councils (they headed the military districts, the number of which increased significantly);

2) military commissariats (their system also became more extensive; military commissariats were formed in autonomous republics, regions and cities, thereby ensuring the best record of those liable for military service and facilitating conscription into the army).

The law "On universal military duty" increased the terms of service. Now, on conscription, they served in the ground units for 3 years, and in the navy - 5 years. The age of conscripts under the new Law was 19 years or more, and for those who graduated from high school - up to 18 years.

The Presidium of the Supreme Soviet of the USSR in January 1939 approved a new text of the military oath. The military oath was taken by all conscripts on an individual basis. After that, the servicemen were required to confirm the oath with their own signature.

With the beginning of the Great Patriotic War Decree of the PVS of the USSR "On martial law" the introduction of martial law in certain areas or throughout the entire territory of the USSR was allowed in the interests of state defense, to ensure public order and state security. In such territories, power passed into the hands of the military councils of fronts, armies, military districts, or to the high command of military formations.

In the event of the introduction of martial law, all cases of crimes against defense, public order and state security were considered military tribunals. Military tribunals could consider, on behalf of local authorities, cases of speculation, malicious hooliganism and other crimes. Military tribunals tried cases under the provision "On military tribunals in areas of military operations." The verdicts of the military tribunals were not subject to cassation appeal and supervisory review.

June 30, 1941 the highest body of state power was formed during the Great Patriotic War - State Defense Committee (GKO), which included the PVS of the USSR, the Central Committee of the All-Union Communist Party of Bolsheviks and the Council of People's Commissars of the USSR.

86. The judicial system and the system of law enforcement agencies according to the “Fundamentals of Legislation of the USSR and Union Republics” 1958

Already since 1948, the procedural legislation of the USSR and the republics has undergone significant changes:

1) people's courts became elective;

2) the courts became more independent, according to the Regulations on the disciplinary liability of judges of 1948, disciplinary sanctions were imposed on judges by collegiums for disciplinary cases at regional (territorial) courts and the supreme courts of the republics of the USSR, now their activities were not controlled by the department of justice.

These new democratic principles were formally enshrined in December 1958 in the Fundamentals of Legislation on the Judiciary of the USSR, Union and Autonomous Republics.

Innovations in the system of courts according to the Basics:

1) instead of the district system of people's courts, single district, city courts appeared;

2) the term of office of judges has been increased to 5 years;

3) plenums and presidiums were formed in the supreme courts of the republics;

4) in addition to the accountability of the courts to the higher courts, the people's courts had to report to the electorate.

Democratic principles of the judiciary according to the Basics:

1) administration of justice only by the court;

2) equality of all citizens before the law and court;

3) collegiality of consideration of cases in court;

4) independence of judges and their subordination only to the law;

5) publicity of the trial;

6) the right of the accused to defense, etc.

In criminal proceedings, the defense acquired the right to take part in the process from the moment the defendant was announced about the end of the preliminary investigation, and not only at the time of the trial. In criminal cases against minors, the defense took part in the process from the moment the charges were brought.

Innovations in the criminal process:

1) emergency wartime procedures have been abolished;

2) the age of bringing to criminal responsibility has increased (from 14 to 16 years, except for the most serious crimes: robbery, rape, etc.);

3) the punishment was applied only by the verdict of the court.

Prosecutor's office and investigation according to the 1958 Foundations: the competence of the prosecutor's office included the investigation of criminal cases, control and direction of activities (their instructions were mandatory) to the bodies of inquiry, prosecutorial supervision of legality.

Principles of prosecutorial supervision:

1) uniformity of legality;

2) hierarchical subordination of the prosecution authorities to the Prosecutor General.

The main tasks and functions of the prosecutor's office in the field of prosecutorial supervision:

1) general supervision;

2) supervision of inquiry and investigation;

3) supervision of the legality of court decisions;

4) supervision of institutions executing criminal punishment.

The state security agencies were engaged in investigating especially dangerous state crimes.

As a result of the reform of the judicial and investigative system in the 1960s. the functions of the Ministry of Internal Affairs of the USSR were transferred to the Ministry of Internal Affairs of the Union Republics, and later (in 1962) law enforcement agencies were renamed the Ministry of Public Order. These bodies were under the control of the Union-Republican Ministry of Public Order of the USSR. Since March 1959, by a government decree, voluntary people's squads were transferred to help these bodies.

87. Civil and criminal codes of the RSFSR 1964

Civil legislation 1964: in 1964, the Civil Code was adopted in the RSFSR on the basis of the Unified All-Union Fundamentals of Civil Legislation of the USSR and the Union Republics, adopted in 1961.

The Civil Code of 1964 established the main purpose of legislation: strengthening the economic system of the USSR, the growth of socialist property, maintaining and strengthening the rule of law in the field of property relations and protecting the rights of legal entities and individuals.

The Civil Code of 1961 regulated the following civil legal relations:

1) property relations: associated with commodity-money forms of production in communist construction; self-supporting systems of the economy, the use of funds, price regulation, cost and profit calculation, trade; credit and banking;

2) personal non-property relations: the right to authorship; the right to protect the honor and dignity of subjects of civil relations (citizen and organization);

3) hereditary legal relations.

Civil rights and obligations arose on the basis of the conditions established by the legislation of the USSR and the Union republics (legal facts - events), as well as as a result of the actions of citizens and organizations (legal facts - actions), which in themselves give rise to civil rights and obligations or are established by law.

The order of heirs was established by law.

Inherited first:

1) next of kin in descending line;

2) nearest - in ascending line;

3) the spouse of the deceased person.

The Civil Code of 1961 established the freedom of will, subject to the obligatory share for minors, disabled children or the spouse, parents and dependents of the deceased.

Features of the regulation of property rights under the Civil Code of 1964:

1) there was the exclusive property of the state, collective farms and other organizations and their associations, private ownership of movable property, personal property of citizens engaged in handicrafts, agriculture, consumer services, etc.;

2) equal state protection was established for state property, property of collective farms, cooperatives and public organizations and personal property of citizens engaged in activities based on personal labor.

The fundamentals of civil law established the main way to protect civil rights - action proceedings (court).

Courts stood out: general jurisdiction; arbitration; arbitration; comradely.

Criminal legislation of 1964: the criminal code was adopted in 1964 on the basis of the Unified All-Union Fundamentals of Legislation of the USSR and the Union Republics, adopted in 1958.

Features of the Criminal Code of the RSFSR 1964:

1) a general focus on mitigation for criminal acts that do not pose a great public danger;

2) replacement in a number of cases of criminal liability with administrative or public influence measures;

3) new chapters appeared on crimes against socialist property;

4) forms of public participation in the fight against crime were established;

5) there were no "enemies of the people" under the Criminal Code;

6) the age of bringing to criminal responsibility increased.

88. Constitution of the USSR 1977

The drafting of a new Union Constitution began in 1962. The draft was prepared by a special constitutional commission. The final draft was developed by May 1977. A nationwide discussion was held on this draft.

The Constitution of the USSR was adopted at an extraordinary session of the Supreme Soviet of the USSR October 7, 1977

Structure of the 1977 Constitution:

1) Section I - "Fundamentals of the social system and politics";

2) Section II - "State and personality";

3) Section III - "Nation-state system";

4) Section IV - "Councils of People's Deputies and the procedure for their election";

5) Section V - "Supreme authorities and management";

6) Section VI - "Fundamentals of building public authorities and administration in the Union republics";

7) Section VII - "Justice, arbitration and prosecutor's supervision";

8) Section VIII - "Coat of arms, flag, anthem and capital";

9) Section IX - "The operation of the Constitution and the procedure for its application."

Features of the Constitution of the USSR in 1977:

1) for the first time approved the final construction of a "developed socialist society" and the creation of a "state of the whole people";

2) the national goal according to the Constitution is the formation of a "classless communist society";

3) for the first time introduced some forms of "direct democracy": a popular discussion of bills and a referendum on the most important issues; civil rights (the right to appeal against the actions of officials, to judicial protection against encroachment on honor and dignity, etc.), but these rights have always been accompanied by duties;

4) the Communist Party was still the official political ideology, it had a "leading and guiding" role;

5) The Constitution proclaimed the principle of democratic centralization of government bodies, i.e., their election at all levels, accountability to the people, their vertical subordination, control of lower bodies by higher ones;

6) the obligation of the bodies of the Soviet state to observe "socialist legality" was established;

7) labor guarantees and guarantees for labor and trade unions were established, for example, the right of collectives to participate in the decision and discussion of public and state affairs.

Constitutional foundations of the USSR:

1) political: the USSR is a socialist state of the whole people, expressing the will and interests of all working classes;

2) economic: socialist ownership (state) of the means of production and land;

3) social: an indestructible alliance of workers, peasants, intelligentsia.

The system of state bodies under the Constitution of 1977:

1) the people are the only source of power;

2) Councils of People's Deputies - a single system of state authorities: the Supreme Council, the Union Council, the Council of Autonomous Republics - the highest authorities (their term of office is 5 years; a presidium was formed as part of the Supreme Council); local councils of people's deputies (their term of office is 2,5 years);

3) the highest executive and administrative body - the Council of Ministers of the USSR.

Competence of the Supreme Soviet of the USSR: issues referred by the Constitution to the jurisdiction of the USSR.

Powers of the Council of the Union and the Council of Autonomous Republics: the right of legislative initiative in the Supreme Council.

89. The period of formation of the statehood of the Russian Federation (1986-1993)

The modern democratic statehood of the Russian Federation began to take shape in the period "perestroika" (1989-1993).

Essence of the reform of society in the USSR (1985) - the spread of publicity in public life, the restructuring of the apparatus in all state bodies.

Reasons for reforming the state apparatus:

1) the existing socialist system of state power has ceased to meet the new democratic principles recognized in the world community;

2) an unfavorable economic situation developed in the mid-70s. XNUMXth century - the shadow economy has spread widely in all spheres;

3) in 1980, corruption in the state apparatus was widespread.

The reforms were also aimed at changing the political situation in the country, the emergence of pluralism and a multi-party system.

The result of the reform of the socialist system In the USSR, there was an increase in national tension in its republics, which in turn led to interethnic armed clashes in 1988.

Reforms of the 1980s. touched upon and the economy, which led to problems in this area (a decline in production, inflation), although, as conceived by the reformers, the rights of enterprises and labor collectives, private entrepreneurial activity should have been expanded, and later it was supposed to privatize national property.

Consequences of the announcement of the course on the formation of market relations:

1) The Law "On the State Enterprise" of 1987 introduced self-financing and self-financing of enterprises while maintaining state monopolies;

2) private entrepreneurial activity was legalized;

3) formed four levels of prices: state, contractual, cooperative, "black market".

Reforms in the 1980s affected and agricultural sector economy. In 1988, lease agreements for land became widespread (for a period not exceeding 50 years), the maximum size of a personal plot and livestock in a private household was established (Regulations "On Collective Farms" of 1988).

As a result of the reform of the state apparatus in October 1988, a system of representative bodies of 2 levels:

1) Congress of People's Deputies;

2) Supreme Council.

The post of President of the USSR was established.

The first and only President of the USSR in March 1990 was elected General Secretary of the Central Committee of the CPSU M. S. Gorbachev.

Especially important foreign policy results of reforming socialist society:

1) the final collapse of the USSR (December 21, 1991, when at a meeting in Alma-Ata the CIS members recognized it only as a coordinating body; on December 26, 1991, they adopted the Declaration on the Termination of the USSR);

2) recognition of the Russian Federation as the legal successor of the USSR;

3) expansion of Russia's foreign policy relations.

Disadvantages of the 1980s reforms.:

1) the reform of the state apparatus led to destruction rather than transformation;

2) the reforms that initially went within the framework of the planned programs later got out of control of the initiators of these programs;

3) publicity was largely misunderstood, opening up access not only to the necessary information, but sometimes to state secrets, which led to the undermining of state authority.

90. The Constitution of the Russian Federation of 1993 Development of Russia at the present stage

The modern stage in the history of the state and law of Russia begins with the adoption of the Constitution of the Russian Federation at a popular vote on December 12, 1993.

The Constitution of the Russian Federation - The Basic Law of the Russian Federation, which has the highest legal force throughout the Russian Federation and direct action.

The structure of the Constitution of the Russian Federation: short preamble; the first section, which in turn is divided into 9 chapters; second section.

Basic principles of the Constitution of the Russian Federation:

1) the supremacy of the Constitution;

2) direct action of constitutional norms.

The draft Constitution was prepared by a special constitutional commission on behalf of M. S. Gorbachev (President of the USSR), expressed at the First Congress of People's Deputies of the RSFSR in the summer of 1990. This commission included (and was headed by) the future first president of the Russian Federation B. N. Yeltsin.

The general concept of the Constitution, prepared by this commission, was adopted at the very first discussion of the draft Constitution at the Congress of People's Deputies, but the draft was still not approved. This hampered the preparation and implementation of the new Constitution.

There was a need for more decisive measures on the part of supporters of the transition to a new democratic form of power in Russia. AT August 1991 there was a coup in the system of power in Russia, as a result of which the head of the constitutional commission became the head of state.

At the beginning of 1993, the Constitutional Conference was convened, which prepared several drafts of the Constitution, one of which was prepared with the participation of B. N. Yeltsin himself. At the discussion of draft constitutions, the so-called "presidential draft" of the constitution won (and was later put forward to a referendum) the majority of votes.

The main provisions of the Constitution of the Russian Federation:

1) Russia has embarked on the path of forming a rule of law state;

2) a person, his rights and freedoms are proclaimed the highest value in the Russian Federation;

3) The Constitution of the Russian Federation and federal legislation has the highest legal force in the Russian Federation;

4) the state structure of the Russian Federation is based on the principle of federalism and the right of the small peoples of Russia to self-determination;

5) sovereignty and territorial integrity of Russia;

6) a unified system of state authorities;

7) the principle of separation of powers operates in the Russian Federation.

Characteristic features of the state and law of Russia after 1993:

1) the highest authorities in the Russian Federation: the President of the Russian Federation (head of state), the Federal Assembly (the bicameral parliament of the Russian Federation), the Government of the Russian Federation (the highest executive body in the Russian Federation);

2) there is a general humanization of the criminal and penitentiary law of Russia (a moratorium on the use of the death penalty has been introduced);

3) in civil legal relations, private property is becoming increasingly important (its protection in the Russian Federation is carried out to the same extent as the protection of state property);

4) private ownership of land appeared (this was unacceptable during the USSR period);

5) tightening of sanctions of the criminal legislation for crimes against public safety and, first of all, for the organization and execution of terrorist acts (this is an urgent problem of our time);

6) other features characteristic of a democratic society.

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

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Legal psychology. Lecture notes

▪ Pedagogy for teachers. Crib.

▪ Obstetrics and gynecology. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

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

China's high-tech development 01.01.2015

The Chinese market for high-tech products will grow rapidly - these are just one of the top five predictions for the industry for 2015, which were given by analysts at IDC in a special report.

In 2015, almost 500 million smartphones will be sold in China, which is three times more than in the United States and corresponds to a third of the entire global market for these devices, IDC experts say. They estimate that China in 2015 will account for 43% of the growth in spending on information and communication technology. By the end of the year, more than 680 million people in China will be connected to the Network, which will exceed the US figure by 2,5 times. This will be facilitated by the implementation of the national Broadband China Project, which aims to provide broadband connectivity to 95% of the country's urban population. In total, in 2015, China will allocate more than $465 billion for information and communication technologies, increasing these expenditures by 11% compared to this year.

As for the other IDC predictions, they are:

Global spending on information and communication technologies will grow by 3,8% and exceed 3,8 trillion dollars, and in the segment of the "third platform", which analysts include cloud and mobile technologies, as well as social networks and big data, the growth will be 13% .

The smartphone and tablet market will reach $484 billion, accounting for 40% of the industry's turnover growth. Tablet phones will enjoy growing popularity, as a result of which their share in total smartphone sales will increase from 11% (this year's figure) to 18%.

IoT spending will exceed $1,7 trillion, up 14% from 2014, and the number of IoT devices will reach 15 billion. By the way, by 2020 these figures will increase to 3 trillion dollars and 30 billion pieces, respectively. Cisco Systems, IBM and Intel will form a joint venture to provide industrial solutions in this category.

The big data and analytics market will reach $125 billion. Wireless data transmission will become the largest segment of the telecommunications market, amounting to $536 billion in monetary terms. In combination, this segment will also be the fastest growing, demonstrating an increase of 13%.

Other interesting news:

▪ The interaction of electrons with phonons leads to overheating of the phone

▪ In memory - through the nose

▪ Safe nuclear fuel based on thorium

▪ Power plant on a kite

▪ Cypress trees under the sand

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ site section Preamplifiers. Article selection

▪ article Occupational safety instructions for a PBX electromechanic

▪ article How many awards did Lenin receive during his lifetime? Detailed answer

▪ article Mechanic for equipment repair. Job description

▪ article Fax machine - printer and scanner. Encyclopedia of radio electronics and electrical engineering

▪ Article Orange or Apple? Focus secret. Focus Secret

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews