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История отечественного государства и права. Изменения в государственном механизме России при Николае I. Систематизация российского законодательства в первой половине XIX в. (самое важное)

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ИЗМЕНЕНИЯ В ГОСУДАРСТВЕННОМ МЕХАНИЗМЕ РОССИИ ПРИ НИКОЛАЕ I. СИСТЕМАТИЗАЦИЯ РОССИЙСКОГО ЗАКОНОДАТЕЛЬСТВА В ПЕРВОЙ ПОЛОВИНЕ XIX в.

When Nicholas I (since 1826) His Imperial Majesty's Own Chancellery consisted of the following departments:

The 1st branch of His Own Imperial Majesty's Chancellery performed the clerical services of the emperor, exercised control over the ministries, prepared bills, was in charge of the appointment and dismissal of senior officials (with the approval and approval of the king)

The second one dealt with the systematization of legislation.

By the end of the reign of Nicholas I, the 3rd department consisted of 5 expeditions: the first fought against the revolutionary movement, the second - with the Old Believers and sectarianism, the third watched foreigners, the fourth dealt with peasant unrest, the fifth was in charge of censorship.

The 4th (since 1828) was in charge of charitable institutions and women's educational institutions.

The 5th (since 1836) prepared a draft reform of the state peasants.

The 6th (existed in 1842-1845) department was preparing a draft reform of the administration of the Caucasus.

In the second quarter of the XIX century. His Imperial Majesty's own Chancellery turned into a direct apparatus under the emperor and considered all the most important issues in the life of the country. It acquired particular importance, pushing the State to the background. Council, Senate and Committee of Ministers. His Imperial Majesty's own Chancellery was the body that connected the tsar with government agencies on all the most important state issues. management.

Attempts to systematize Russian legislation and the development of a new Code, instead of the obsolete Cathedral Code of 1649, was undertaken as early as the XNUMXth century, especially actively under Peter I and Catherine II.

Under Nicholas I (1796-1855), the Second Department of His Own Imperial Majesty's Chancellery became the center for the systematization of Russian legislation. Its work was supervised by M.M. Speransky, an outstanding Russian jurist.

The main results of the systematization of legislation were:

1. Complete collection of laws of the Russian Empire. It collected all Russian legislation from the Council Code of 1649 to the last decrees of Alexander I and the Manifesto of Nicholas I. It was compiled in chronological order, the acts were combined into 40 volumes, not counting 5 additional volumes of appendices. Court decisions were included, cat. became precedents or interpretations of adopted laws, as well as private decisions that turned out to be “historically important”

2. Code of laws of the Russian Empire. It was completed by 1832 and consisted of 15 volumes, including only valid legislation. All articles of the Code contained references to the corresponding acts from the Complete Collection of Laws of the Russian Empire. For each article, a commentary was drawn up, which had the meaning of interpretation, but did not have the force of law.

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