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История отечественного государства и права. Личные и имущественные права и обязанности крестьян, вышедших из крепостной зависимости. Временнообязанные крестьяне и крестьяне-собственники (самое важное)

Lecture notes, cheat sheets

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ЛИЧНЫЕ И ИМУЩЕСТВЕННЫЕ ПРАВА И ОБЯЗАННОСТИ КРЕСТЬЯН, ВЫШЕДШИХ ИЗ КРЕПОСТНОЙ ЗАВИСИМОСТИ. ВРЕМЕННООБЯЗАННЫЕ КРЕСТЬЯНЕ И КРЕСТЬЯНЕ-СОБСТВЕННИКИ

Despite the fact that the peasant, who emerged from serfdom, was proclaimed the owner of the land transferred to him, the right to dispose of it was severely limited by the power of the rural community that existed in most regions of the country. In addition, the peasant was forbidden to dispose of the land for 9 days (this was done in order to avoid the mass exodus of liberated peasants to the cities).

Peasants freed from serfdom received the status "free rural inhabitants", acquired civil capacity. They were allowed to enter into contracts, with the limitation that they could not use the lands transferred to them as security for their obligations. Peasants were also given the right to freely engage in trade, open plants and factories, join guilds and other professional corporations, and marry of their own free will. Peasants received procedural rights equal to those of other classes.

However, the peasants in many respects still remained infringed in their rights. In particular, they was forbidden be bound by bills; when entering the civil service or an educational institution, the peasant was obliged to submit a "leave" issued by the rural society (community). These restrictions were abolished only under the influence of the First Russian Revolution of 1905-1907, in accordance with the Decree of October 5, 1906 "On the abolition of certain restrictions on the rights of rural inhabitants and other persons of former taxable states"

The peasants for the land plots allotted to them had to serve a labor service or pay money to the landowner, that is, they were in the position of the so-called temporarily obliged. Upon the conclusion of agreements ("statutory charters"), the dependence of the peasants on the landowner was finally eliminated, and the treasury paid the landowners (in interest-bearing papers) the value of their lands allocated for peasant allotments. After this, the peasants had to pay off their debt to the state within 49 years with annual contributions of “redemption payments” “Redemption payments” and the peasants paid all taxes together, as a whole “in peace”. Each peasant was “assigned” to his community, and could not leave it without the consent of the “world”.

Under the influence of the First Russian Revolution, on November 3, 1905 (44 years after the liberation of the peasants), the tsar's Manifesto "On improving the welfare and alleviating the situation of the peasant population" was published. In accordance with it, from January 1, 1906, unpaid redemption payments were reduced by half, and from January 1, 1907 they were completely canceled.

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