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

Lecture notes, cheat sheets
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History of domestic state and law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. SUBJECT, METHOD, SOCIAL VALUE OF THE HISTORY OF THE RUSSIAN STATE AND LAW

The subject of the history of the national state and law - the emergence, development and change of types and forms of state and law, as well as state. bodies and legal institutions of specific states on the territory of our country.

When studying this discipline, such scientific methods, as chronological, chronological-problematic, problem-chronological, periodization, comparative-historical, retrospective, sociological, as well as a method of sociological research.

Social value of the history of the national state and law lies in the essence of the functions performed by this science: cognitive, intellectual-developing, practical political, ideological, educational.

Determining the time of the emergence of the state among the East Slavic tribes depends on the interpretation of the very concept of "state". It is traditionally believed that not any political organization of society is identical to statehood, that the state is the highest form of political. organization of society.

There is practically no reliable data on the Eastern Slavs in the first half of the first millennium AD. In the second half of the first millennium AD, the Eastern Slavs settled the East European Plain from the Baltic to the Black Sea.

Where the Eastern Slavs came from is not exactly known. The dated history of Russia begins only from the XNUMXth century, and chronicles began to appear only at the turn of the XNUMXth-XNUMXth centuries. Apparently, in Russia before its baptism (the end of the XNUMXth century) there was not even a written language of its own.

The Danube region (Central Europe) is called the ancestral home of the Slavs in Russian chronicles, from where (under pressure from unknown Volokhs) in the 4th century. the Slavs were forced to retreat to other areas. The Poles (Poles, i.e., Western Slavs who settled along the Vistula) went to the north, to the northeast and east - the future Eastern Slavs (who populated the space from the Middle Dnieper region (Kiev - glades) to Ladoga (Novgorod-Ilmen Slovenes)), to the south - the future southern Slavs (Serbs). Among the East Slavic tribal unions that formed, in addition to the Polyans and Ilmen Slavs, one can distinguish the Drevlyans, Vyatichi, Radimichi and Northerners.

Pre-state formations (principalities) arise on the basis of tribal, blood proximity.

About those who lived in the XNUMXth century. in the Carpathian region, the Ants (apparently also Slavs) know that they were dominated by military democracy - a pre-state form of political organization of Slavic society.

The East Slavic unions of tribes (Polyans, Drevlyans, Ilmen Slovenes, Northerners, Vyatichi, etc.) were at different levels of development, and therefore in some the process of state formation proceeded faster, while in others it was slower. The Ilmen Slovenes in the north (Novgorod) and the meadow in the south (Kyiv) were the first to come to statehood.

2. THE ORIGIN OF THE OLD RUSSIAN STATE. PRINCE CHARTERS - SOURCES OF OLD RUSSIAN LAW

K ser. XNUMXth century the northern eastern Slavs (Ilmen Slovenes), apparently, paid tribute to the Varangians (Normans), and the southern eastern Slavs (Polyans, etc.), in turn, paid tribute to the Khazars.

In 859, united Slavs and Finno-Ugric peoples (tribes living near Novgorod - Chud and Merya) expelled the Varangians from Novgorod. Soon anarchy began, constant strife. As a result, the party that called back the Varangians won.

In 862, the Varangian king Rurik arrived in Novgorod to reign. A few years after the calling of the Varangians, an uprising broke out in Novgorod against their rule, led by Vadim, which was suppressed. Eastern travelers report three pre-state formations in the XNUMXth century. in the territory inhabited by the Eastern Slavs: Kuyaba (Kyiv), Slavia (Novgorod) and Artania (presumably Ryazan).

After the death of Rurik, Oleg, a combatant or relative of Rurik, became the ruler under his son Igor; after his death, Igor Rurikovich himself reigns.

In 882, Oleg made a campaign to the south and captured Kyiv, the center of the tribal union of the glades, where Askold and Dir had previously ruled. The capital of the now united East Slavic state was moved to Kyiv. Then Oleg subjugated the Drevlyans, Radimiches and others. Russ (dews) are either a clearing (named after the Ros River, which flows into the Dnieper near Kyiv), or the Varangians (as already noted, there is evidence that Rurik comes from the Varangian tribe Rus) .

Thus, in the second half of the IX century. a Russian state was formed with a center in Kyiv - Kievan Rus.

Written laws (princely charters) began to be published in Russia from the XNUMXth century. Then the Church Charter of Prince Vladimir was issued, which established the tithe and determined the jurisdiction of church authorities (in particular, family legal relations). A more detailed charter on the same topic was published a little later by Prince Yaroslav the Wise.

Princely statutes largely relied on grand ducal judicial law-making (in Kievan Rus, the prince personally administered justice).

From the XNUMXth century Russkaya Pravda becomes the main legislative source of ancient Russian law.

3. LEGAL STATUS OF THE POPULATION ACCORDING TO THE RUSSIAN PRAVDA

A special legal position ("above the law") had princes. Smaller feudal lords - boyars - were in a privileged legal position; for example, their lives were protected by a double vira (fine for murder).

Boyars stood out from the combat associates of the prince of his senior combatants. In the XI-XII centuries. there is a registration of the boyars as a special estate and the consolidation of its legal status. Vassalage is formed as a system of relations with the prince-suzerain; its characteristic features are the specialization of the vassal service, the contractual nature of relations and the economic independence of the vassal.

The boyars, as a special social group, were called upon to perform two main functions:

1) participate in the prince’s military campaigns;

2) participate in management and legal proceedings.

Among the dependent categories of the population according to Russian Pravda, the following groups are distinguished:

▪ smerdy (peasants) - personally free rural workers. Participated in military campaigns as militias. They had certain property that they could bequeath only to their sons. The law protected the person and property of the smerd. In the trial, the smerd acted as a full participant;

▪ purchases (ryadovichi) - persons working off their debt in the economy of the creditor. The law protected the person and property of the purchase, forbidding the master to punish him without reason and take away the property. If the purchase itself committed an offense.

then his responsibility was dual: the master paid a fine for him to the victim, but the purchase itself could be "issued by the head", that is, turned into servility; the same outcome awaited the purchase in the event of his attempt to leave the master without paying. Procurement could act as a witness in a trial only in special cases;

▪ Ryadovichi - under a contract (row) they worked for the landowner, often turned out to be like temporary slaves, their social and legal status is similar to the position of a purchase;

▪ outcasts - persons who were, as it were, outside social groups (for example, serfs released into the wild, dependent on their former master)

▪ serfs (servants) are actually slaves. They fell into servitude through self-sale (for example, to pay for the vira), being born from a slave, buying and selling (for example, from abroad), marrying a slave, entering the housekeeper (serving, for example, in the princely household), and also as a result of committing a crime ("flood and plunder", "delivery in the head"). Purchases that failed to pay the debt were transferred to servitude. The serf was not a subject, but an object of law. Everything that a serf possessed was considered the property of his master. The identity of a serf was not protected by law. For his murder, a fine was levied, as for the destruction of property. Penalty for the serf was borne by his Mr. Kholop could not act as a party to the lawsuit.

4. POLITICAL ORDER OF THE OLD RUSSIAN STATE

The Old Russian state took shape up to the first third of the XNUMXth century. existed as monarchy From a formal point of view, it was not limited. But in historical and legal literature, the concept of "unlimited monarchy" is usually identified with the Western absolute monarchy of the XNUMXth-XNUMXth centuries. Therefore, to designate the form of government of the European states of the early Middle Ages, they began to use a special concept - "early feudal monarchy"

The Grand Duke of Kyiv organized a squad and a military militia, commanded them, took care of protecting the borders of the state, led military campaigns in order to conquer new tribes, establish and collect tribute from them, administer court, direct diplomacy, implement legislation, and manage his economy. Posadniks, volostels, tiuns and other representatives of the administration helped the Kyiv princes in their management. A circle of trusted persons gradually formed around the prince from among relatives, combatants and tribal nobility. (boyar council).

"In obedience" to the Kyiv Grand Duke were local princes. They put up an army for him, handed over to him part of the tribute collected from the subject territory. Lands and principalities ruled by local princely dynasties dependent on the Kyiv princes were gradually transferred to the sons of the Grand Duke, which strengthened the centralized Old Russian state until its greatest flowering in the middle of the XNUMXth century. during the reign of Prince Yaroslav the Wise.

To characterize the form of the state structure of Kievan Rus, the expression "relatively a single state" is usually used, which cannot be attributed to either unitary or federal.

With the development of feudalism, the decimal management system (thousands - sots - tenths) was replaced by the palace-patrimony (voivode, tiuns, firemen, elders, stolniks and other princely officials).

The weakening (over time) of the power of the Grand Duke of Kyiv and the growth of the power of large feudal landowners became the reasons for the creation of such a form of state authority as feudal (princely with the participation of some boyars and Orthodox priests) congresses (snapshots). Snems resolved the most important issues: about military campaigns, about legislation.

Veche meetings were held, as a rule, in emergency situations: for example, war, urban uprising, coup d'état.

Veche - the people's assembly - arose even in the pre-state period of the development of East Slavic society and, as the princely power strengthened and the formation of feudalism, it lost its significance, except for Novgorod and Pskov.

The verv was the body of local peasant self-government. - a rural territorial community, performing, in particular, administrative and judicial functions.

5. CIVIL LAW AND PROCEDURAL LAW ACCORDING TO RUSSIAN PRAVDA

Old Russian civil law did not know a single concept of property rights - its content was different depending on who was the subject and what appeared as an object of property rights. However, the right of ownership is already separated from the right of possession. Russkaya Pravda reflected the process of a significant strengthening of the protection of private property (especially feudal property).

As a result of the establishment of private property, inheritance law also develops. In particular, according to the general rule, only sons could inherit, and the paternal court passed to the youngest son. Inheritance law reflects class inequality: as an exception, boyars and combatants, in the absence of sons, could also inherit daughters, which was completely impossible for smerds.

Russkaya Pravda tells of the existence of several types of contracts typical of ancient Russian civil circulation: a contract of sale, a loan agreement (a separate loan agreement was singled out between merchants), and a contract of personal employment.

In connection with the legal regulation of contracts, the Old Russian law of obligations arises and develops, which primarily concerns obligations from contracts. Russkaya Pravda is characterized not only by property, but also by personal (up to sale into slavery) liability of the debtor who has not fulfilled his obligation.

Old Russian law is characterized classic adversarial process with procedural equality of the parties with a passive role of the court. The trial was public and open. The proceedings were oral.

The courts were not separated from the princely administration. There were no special forms of the trial, it was not divided into criminal and civil. At the same time, only in criminal cases was it possible to "pursue the trace", that is, to investigate a crime in hot pursuit. A special form of preliminary investigation of the case was the "code". The vault began with a "call" - a public announcement, for example, about a theft. If the rightful owner found a person with his thing, that (the new owner of the thing) had to explain where and from whom he acquired it, etc.; a person who could not explain the origin of the stolen thing was declared a thief and was subject to appropriate responsibility. “Extreme” (i.e., a thief) was also declared the one in whose hands the thing was before its traces went to another land. Also, the owner took his thing if the vault reached the third, and the third himself continued the vault.

Witnesses were divided into "rumors" (told about the lifestyle of the suspect, etc.) and "vidoks" (eyewitnesses of the incident). Material evidence was also admitted, for example, "red-handed" - a stolen thing.

A special type of evidence was the "ordeal" ("God's judgment") - trials with iron and water in order to establish the "truth".

6. CRIME AND PUNISHMENT ACCORDING TO THE RUSSIAN Pravda

Criminal liability in Kievan Rus came after the infliction of "offense" and for "robbery" Old Russian criminal law (which is usual for antiquity) was characterized by causality (the desire to provide for all life situations).

Russkaya Pravda mentions crimes against a person, against private property, but there are no indications of state and some other crimes (probably, responsibility for their commission was established by other legislative acts or by princely arbitrariness). True, Yaroslav still allowed blood feud for the murder. Yaroslavichi replaced blood feud viroy (penalty for murder). The rest of the penalties were sale. Vira was paid only for the murder of free people. For the murder of privileged persons (boyars, firemen, etc.) a double penalty was imposed.

For cutting off a hand and, apparently, for the murder of women, half-virye. For the murder of a princely serf, a sale of 12 hryvnia was assigned, for the murder of a serf (and a smerd, although many researchers believe that the full vira was charged for the murder of a smerd) a sale of 5 hryvnia was assigned.

A sale was established for inflicting bodily harm (cutting off various parts of the body), for "torment" (it is not entirely clear what it is, perhaps beatings or torture).

Vira and sales, in all likelihood, went to the prince (through special virniks). In addition to the vira, “golovnichestvo” (monetary ransom) was paid to the family of the victim. Also, the perpetrator paid the doctor a "bribe" for the treatment of the victim.

Wild vira was paid by the verv (community) on the principle of mutual responsibility, in cases where the trace of the criminal ended in the given village, and also if the community member could not pay the vira. Apparently, the criminal, who could not pay the vir, was in for a flood and plunder.

Russian Pravda does not mention various forms of guilt, but takes into account the circumstances of the crime. So, in case of murder "in offense" the stipulated vira was assigned, and in case of murder "in robbery" - the highest penalty, i.e.

flow (corporal punishment or the sale of the guilty into slavery along with the family) and pillaging (confiscation of property of the guilty). Russian Truth did not provide for the death penalty, although it was practiced. At the same time, according to Russian Truth, a criminal could be killed at the scene of a crime in cases of killing an ognischan (princely servant) at the cage (after all, he was protecting not his own, but princely property), while stealing at night. But the murder of a thief in the daytime was already regarded as exceeding the limits of necessary defense.

Thefts were differentiated not by size, but by the type of stolen property.

On the verge of a crime and a civil offense were such actions as plowing the boundary and destroying boundary marks.

7. REASONS FOR FEUDAL Fragmentation IN RUSSIA. THE PUBLIC ORGANIZATION OF THE NOVGOROD FEUDAL REPUBLIC

Feudal fragmentation in Russia took shape in the first third of the 1097th century, after the death of Grand Duke Mstislav Vladimirovich the Great. The prerequisites for the development of fragmentation were created by the famous resolution of the Lyubech snem (congress of princes) in XNUMX: "Let everyone keep his patrimony." After that, the princes gradually ceased to recognize their dependence on the Kyiv Grand Duke.

In the XII-XIII centuries. the system of immunities was greatly developed, freeing boyar estates and specific principalities, as well as monasteries from (grand princely administration and court. Grand dukes were senior overlords, specific princes were subordinate to them, vassals of the first level were boyars who owned their estates, and monasteries, which also belonged to vast lands In the same hands (princely and boyar), as in Western Europe, property and state-power powers were combined.

Among the main causes of feudal fragmentation in Russia usually called the following: the division of the territory of the state between the individual clans of Rurikovich (by decision of the Lubech snem of 1097); the dominance of subsistence farming, as a result of which the Russian lands were little interested in trade among themselves; strengthening the ownership of feudal lords on land; weakening the external threat; the decline in the prestige of Kyiv as the political center of the Old Russian state.

Feudal fragmentation went through two main stages:

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

2) XIII-XV centuries. - the period of loss of national sovereignty.

В Novgorod Republic as a result of the rapid development of large-scale boyar land ownership, it was this segment of the population that became the most economically and politically strongest. That is why the princely domain did not take shape here (land belonging to the prince, on which he puts his warriors)

Crafts and trade were very developed in the Novgorod Republic, and the boyars also took an active part in international trade.

The ruling elite - the boyars and the merchants - in Novgorod was also joined by a large clergy (one of the political leaders of the republic was traditionally a local archbishop, who occupied an autonomous position in relation to the Russian metropolitan).

The urban population of Novgorod was divided according to class into older and younger.

8. PSKOV JUDGING LETTER. NOVGOROD JUDGING CHARTER

The legal status of the dependent population according to the Pskov judgment charter is similar to their position according to Russkaya Pravda. The legal status was established ladles, i.e. people, cat. must pay off the debt with half of the harvest (catch), regardless of its size.

Compared to Russian Truth there were more civil law rules and fewer criminal law rules.

The well-formed Pskov property right knows the division of things into immovable and movable. A more developed system of law of obligations, including the regulation of contracts of sale, donation, pledge, loan, property and personal employment.

There was inheritance, both by will and by law. There were requirements for the form of the contract (a simple written form - boards or a special written form - a record), its security, etc. Wills and records were kept in the Trinity Cathedral of Pskov.

For the first time in Russia in the Pskov Judicial Letter appear state. crimes: translation (state treason); Kromskaya tatba (theft from the Kremlin, i.e. theft of state property). For their commission, the death penalty was imposed.

The process under the Pskov Judicial Charter was adversarial in nature. All the highest Pskov magistrates (the highest officials of the Pskov Republic) had one or another authority in the judicial sphere: the princely governor (held court only in the presence of one of the mayors).

viceroy of the Novgorod archbishop (head of the church court), posadniki. Magistrates. in turn, judged veche. The court of appeal was a collegium consisting of the princely governor, one of the posadniks and 10 jurors (from boyars and wealthy people).

Disputes between a church person and a layman were dealt with by a city judge together with the viceroy of the archbishop. Princely people were sued by the city judge and princely boyars on the territory of the residence of the governor of the prince (fortified settlement).

One of the posadniks was entrusted with the management of the merchant court and the analysis of police cases (violation of public order, weights and measures, etc.). With the participation of the viceroy of the archbishop, he sorted out disputes between Novgorod and foreign merchants.

Among the evidence stood out testimonies, written evidence (eg, records), judicial duel. There is an institution of judicial representation in a judicial duel, which could only be used by women, teenagers, monks, and old people.

Novgorod judicial charter - the main source of law of the Novgorod feudal republic. It was approved by "the whole sovereign of Veliky Novgorod at the veche."

Only one and very incomplete list of the Novgorod judicial charter has been preserved, dating back to approximately the 60s. XNUMXth century This passage contains separate criminal procedural norms about "hijackers" (hitting - seizure of real estate) and "robbers" (robbery - seizure of movable property).

9. STATE ORGANIZATION OF THE NOVGOROD FEUDAL REPUBLIC

Novgorod was not considered by any princely family as a fiefdom, the power and authority of the prince here were severely curtailed. Princes in Novgorod from the XNUMXth century. actually became elected, the Novgorodians called for one of the Rurikovichs, usually from the northeastern principalities. Thus, a republican system was established in Novgorod. Novgorodians even elected archbishop, which was then only approved by the metropolitan. The Novgorod Republic formally recognized its dependence on the Golden Horde, therefore, it nominally recognized the supremacy of the Grand Duke of Vladimir. In turn, the Golden Horde reckoned with the Novgorod order and did not interfere with the veche government.

The supreme state body of the Novgorod Republic was the veche ("parliament-rally") There are two points of view on the personal composition of the veche, which included:

1) all adult men, that is, there was direct democracy. At the same time, far from everyone who could participate in it appeared at the veche;

2) representatives of the population (not all Novgorodians), that is, there was a representative democracy.

The veche decided on the election (expulsion) of the prince, the election of other senior officials of the Novgorod Republic; issues of war and peace; issued legislative acts; tried senior officials.

Князь (usually from Rurikovich) was invited to reign by veche. The prince was the symbol of the state.

defender of the Novgorod lands. Arriving with a retinue in the city, the prince concluded an agreement with the Lord Veliky Novgorod. The prince and his warriors were forbidden to acquire ownership of real estate on Novgorod land, so that he could not take root in the republic. The prince had the right to receive certain duties, he could hunt, but only in reserved forests specially designed for this. Together with the posadnik, the prince exercised judicial functions, appointing local judges, and, possibly, bailiffs.

Archbishop (lord) headed the church, was in charge of weights and measures, had some judicial and other powers, under his command was a special archbishop's regiment. He presided over the meetings of the Boyar Council, which in Novgorod was called "Ospoda", and in Pskov - "Lord".

The planter was elected for a certain period of time. The current posadnik was called a sedate, and the former - old. Also elected thousand The posadnik and the tysyatsky solved the operational issues of the life of the Novgorod Republic. They had certain judicial powers.

All the cities that were part of the Novgorod Republic were considered Novgorod suburbs and were assigned to one or another end (part of the city) of Novgorod. The Novgorod suburb of Pskov actually had broad autonomy, usually there was even a prince of his own. However, Pskov did not have its own boyars, since they all lived in Novgorod, so the affairs of Pskov were managed by living (i.e., wealthy) people.

10. RISE OF THE EMPIRE OF GENGHIS KHAN. GOLDEN HORDE. STATE AND LAW OF THE GRAND DUchy OF LITHUANIA

Until the end of the XII century. Mongolian tribes led a subsistence economy and a nomadic lifestyle, moving in the steppes north of the Gobi Desert (modern Mongolia).

At the turn of the XII-XIII centuries. a fierce struggle between various Mongol tribes ended with the formation of a single Mongol state, which had a strong military organization, the power of which was based on the power of the famous Mongol cavalry. Within the framework of the new statehood, the Mongolian tribes eventually rallied into a single nation.

Temujin (c. 1155-1227), the leader of the most powerful and successful Mongol tribe, was elected Khan of all Mongols under the name of Genghis Khan. He led an aggressive policy, conquering China Cf. Asia and Transcaucasia.

At the head of the Golden Horde there was a khan, a descendant of Genghis Khan, who had unlimited despotic power. To resolve the most important issues (in particular, for the election of a khan), a congress of the Mongol-Tatar nobility was going - kurultai. Central State the apparatus consisted of administrative and judicial departments, headed by the khan's courtiers, subordinate to the monarch. Local governing bodies were in the hands of the Mongol-Tatar feudal nobility, local rulers - Darugs and Baskaks - were like "small khans".

With the adoption of Islam right Evil. Hordes turned out to be closely connected with the Sharia, which began to supplant the ancient traditional collection of Mongolian laws and customs.

Criminal laws were extremely cruel, the main type of punishment was the death penalty, including its most sophisticated types. Horse theft was considered one of the heaviest crimes.

Head of the Lithuanian state there was a grand duke (ruler), whose relations with other feudal lords were built on the basis of vassalage.

The power of the ruler for the most important state. issues (in particular, in the field of legislation and justice) was limited to the council of pans (pany-rada), in which, after the Union of Krevo (an agreement of 1385 on a dynastic union between Poland and the Grand Duchy of Lithuania), in addition to the largest vassals of the ruler (magnates), were included Catholic bishops, major voivodes and senior officials of the central administration.

All members of the pan-rada and the gentry made up the Great Wall Sejm, which was convened at least once every two years.

To the places (in voivodships and starostvos) the ruler appointed voivode and elders, respectively, who carried out all the functions of administrative, military and judicial power.

A number of Lithuanian cities (in particular, Vilnius and Kaunas) had self-government, the city administration was headed by elected bodies co-opted from among wealthy citizens.

Among the sources of law of the Grand Duchy of Lithuania, a special place is occupied by Russkaya Pravda and Pomeranskaya Pravda (a collection of Prussian customary law), as well as local ancient Lithuanian customary law. Later, the Lithuanian rulers (beginning with Casimir IV) also took up lawmaking, together with the Pan-Rada.

11. PREREQUISITES FOR THE FORMATION OF THE RUSSIAN CENTRALIZED STATE. PUBLIC ORDER

An important prerequisite for the unification of Russian lands was the restoration and development of the economy, which was the economic basis of the struggle for unification and independence.

Nominally, the Grand Duke of Vladimir was considered the head of North-Eastern Russia, therefore, in the struggle for the throne of Vladimir, the question of which principality would lead the process of unification of Russian lands was decided. From the beginning of the XIV century. there is an exaltation of the Moscow (great) principality in this role.

The reasons for the rise of Moscow are as follows.

1. Favorable geographical and economic position in the upper reaches of the Volga.

2. Moscow for a long time developed as a closed society, which ensured its independence in foreign policy, this (great) principality did not gravitate towards either Lithuania or the Horde, which allowed it to become the center of the national liberation struggle of the Russian people.

3. Muscovites attracted to their side the largest Russian cities (Kostroma, Nizh. Novgorod, etc.).

4. Muscovites managed to win over the church.

5. The absence of enmity among the (great) princes of the Muscovite house as a result of a fortunate combination of circumstances in each succession to the throne. So far, there were no forces to fight the Tatars. Ivan Kalita and his successors cooperated with them, while the Tverites were preparing uprisings that ended in defeat. However, as soon as strife began in the Horde, Dmitry Donskoy strikes the Tatars on the Kulikovo field (1380).

The productive forces were poorly developed, there was no capitalist structure in the country's economy, cities played an insignificant role, and the class struggle took place on a limited scale. The conquest of the specific princes went on simultaneously with the liberation from the Tatar yoke, so it was Moscow that managed to take the place of the center of state unification.

At the top of the pyramid of social hierarchy were the feudal lords (boyars) headed by the Grand Duke. All the boyars obeyed the Grand Duke and carried the state. service, while the most well-born and sovereign of them constituted the main opposition to the increasing power of the monarch.

Grand Duke tried to rely on the service nobility, which favors numerous estates. A staircase of court ranks appears: "introduced boyar", okolnichik, butler, treasurer, equestrian, kravchiy, trapper, falconer, bed-keeper. The introduced boyars and okolnichy made up the Boyar Duma.

A special (primarily spiritual and ideological) role was played by clergy, the period of formation of the Russian centralized state was marked by the rapid growth of numerous Orthodox monasteries, especially in the northern regions of the country.

Rural population - the peasantry - fell under feudal bondage and was gradually enserfed.

city top (merchants) had their own corporate organizations, while the urban lower classes in their legal status approached the peasants.

12. POLITICAL STRUCTURE DURING THE FORMATION OF THE RUSSIAN CENTRALIZED STATE

The centralization of the Russian state is marked by a sharp increase in the power of the monarch - the Grand Duke of Moscow, and later - the Tsar. From the reign of Ivan III (1440-1505), the Moscow monarchs emphasized their succession from the Byzantine Orthodox imperial house.

Relations of vassalage were replaced by relations of citizenship of subordinate princes and boyars to the Grand Duke of Moscow. All civil, judicial, administrative and military power was concentrated in the hands of the monarch.

The supremacy of secular power (the power of the Moscow monarch) over the church was strengthened.

Initially, the Boyar Duma was an advisory boyar body under the monarch (Moscow Grand Duke). Members of the Boyar Duma were appointed only by the Grand Duke (Tsar) himself, and in fact only its members could be called boyars. The former appanage princes, who retained their estates and received new estates (service princes), turn into titled boyars (that is, boyars with the title of prince).

The very fact of the existence of the Boyar Duma allows some researchers to talk about the limited power of the monarch in Russia at that time. In reality, the boyars did not particularly interfere with the grand ducal policy. For example, at the beginning of every Russian legislative act they wrote: “The Tsar (Grand Duke) indicated, and the boyars sentenced...” That is, it was the Grand Duke (Tsar) who made decisions anyway, and the boyars only gave consent.

Over time, in the Boyar Duma, in addition to the boyars, an additional Duma rank appeared - the roundabout, and professional officials and clerks - clerks and clerks - also began to work. Each boyar, as a rule, had his own personal secretary, who was a Duma clerk.

The Boyar Duma acted as an appellate court.

Both the boyars and the Duma clerks were usually appointed as ambassadors to foreign countries.

By the beginning of the XVI century. in Russia, a command system of central government was formed. The Posolsky Prikaz was engaged in foreign affairs, the Rogue Prikaz carried out punitive state functions, the Local Prikaz was in charge of allocating state land for service, the Treasury Prikaz monitored public finances, etc. Orders were formed both by sectoral and territorial basis.

As a result of the financial and monetary reform of 1535-1538. the minting of coins by private individuals was prohibited, a single monetary system was concentrated in the hands of the sovereign.

The formation of allegiance relations led to the fact that the service of the feudal lords became mandatory. Together with the gentlemen, significant masses of "combat" slaves served for the war. If necessary, the population of cities and villages was called to arms.

Centralization of local government in the XIV-XV centuries. contributed to the development of the "feeding" system - the maintenance of officials at the expense of the local population.

13. SUDEBNIK 1497

The Sudebnik of Ivan III (1497) was adopted to strengthen the centralized system of government and was a collection of laws of the Russian state. It reflected the interests of the feudal landowners, therefore, it regulated the rules for the transition of peasants on St. George's Day (it was possible to cross on St. George's Day (November 26, old style) and for a week before and after that day, paying "old"), it was the first step towards the enslavement of the peasants.

The sources of servility according to the Sudebnik of 1497 are the same as in Russkaya Pravda, except for city keykeeping. In addition, the serf automatically received release when escaping from Tatar captivity.

In Sudebnik 1497. a crime is not understood as an “insult”, but as a “daring deed”. At the same time, there is a point of view that “dashing deeds” are not all crimes, but only serious ones; there were also other crimes that did not fall under the jurisdiction of the Grand Duke, and therefore were not included in this Code of Laws.

According to the Sudebnik of 1497, the number of offenses increases, among the new ones (compared to the Russkaya Pravda and the Pskov Judicial Charter): sedition (state criminal-legal composition), rise (apparently, anti-government agitation) and arson (terrorist act) with the aim of causing great damage (new state criminal-legal structure); head crime, i.e., theft of serfs, or theft of people in general, or theft that led to a murder.

Among the punishments, the death penalty stands out, the commercial penalty (beating with sticks in the trading area) is very rarely fined.

Most of the norms of the Sudebnik of 1497 were devoted to procedural law. Along with the original elements of the adversarial process, elements of the inquisitorial process appear in the Russian judicial process. In particular, torture is directly provided for (prescribed) in cases of theft. The prototype of the jury trial in Russia was the court of the “best people”, who were part of the court together with the grand ducal (royal) governor.

For each action of the court, the plaintiff had to pay.

The process itself (judicial duels, etc.) is similar to the procedural norms of the Pskov Judicial Charter. In a judicial duel, "assistants" ("seconds"), who were called "solicitors", were provided.

Almost nothing in the Sudebnik of 1497 is said about the search and the code.

In addition to torture, there appeared such an element of the inquisitorial process as the written record of the court session.

The legal proceedings provided for a higher (second) instance - the Boyar Duma and even the Grand Duke (Tsar) personally.

14. SOCIAL ORGANIZATION AND DEVELOPMENT OF THE FORM OF STATE UNITY IN THE PERIOD OF THE ESTATE-REPRESENTATIVE MONARCHY. Zemsky Sobors

Since 1547, the head of state - the monarch - received a new title - royal, which emphasized his increased influence and prestige.

The feudal nobility was divided into two parts. On the one hand, the process of further restriction of the rights and privileges of the old tribal sovereign feudal nobility, the boyars, continued. This, in particular, was facilitated by the oprichnina policy of Ivan the Terrible. On the other hand, the positions of the nobles, i.e. "service people", were strengthened. They became the main support of the royal throne.

In the XVI-XVII centuries. in Russia there is a rapid growth in the size and influence of cities, crafts and trade, including international trade, are developing.

The legal status of the peasantry is evolving towards further enslavement. At the same time, palace (belonging to the monarch) and black-tagle (black-moss) lands (and, accordingly, peasants), which did not fall under the power of individual feudal lords, still remain.

While the Russian state is becoming more and more strengthened, the specific system of territorial division is finally coming to naught, and the state structure (form of state unity) of Russia is beginning to gravitate towards a unitary state.

Certain limits on royal absolute power in the XVI-XVII centuries. were primarily the Boyar Duma and especially the Zemsky Sobors. Local class-representative bodies from the middle of the XVI century. became zemstvo and labial huts.

Convocation of the Zemsky Sobor in the XVI-XVII centuries. was declared a royal charter, it included members of the Boyar Duma, the Consecrated Cathedral and elected from the nobility and towns.

Zemsky Sobors resolved the main issues of foreign and domestic policy, legislation, finance, and state building. Questions were discussed according to estates ("by chambers"), but were accepted by the entire composition of the Council. Councils gathered on Red Square in Moscow, in the Patriarch's Chambers or the Assumption Cathedral of the Moscow Kremlin, and later - in the Golden Chamber or the Dining Hut.

The average number of participants in the Zemsky Sobor was 200-400 people.

The first Zemsky Sobor ("Council of Reconciliation") took place in 1549, under Tsar Ivan IV.

15. Zemsky Sobors 1549-1653 THEIR STRUCTURE, POWERS

The first Zemsky Sobor ("Council of Reconciliation") took place in 1549, under Tsar Ivan IV. The Zemsky Sobor in 1584 approved the last tsar from the Rurik dynasty, Fyodor Ioannovich, on the royal throne. The Zemsky Sobor in 1598 elected Boris Godunov to the Russian royal throne. The Council of 1613 elected the first tsar from the Romanov dynasty, Mikhail Fedorovich, to the royal throne. Alexei Mikhailovich, upon his accession to the royal throne in 1645, was also approved by the decision of the Zemsky Sobor (according to some authors, as if re-elected).

In 1613-1615. Zemsky Sobors (under Tsar M.F. Romanov they were convened most often) were engaged in summarizing the reports of governors and sending them instructions, negotiating with Poland, fighting robberies, leading the military forces of the state, and introducing new taxes.

Councils 1616-1642 established new taxes, organized defense against Polish, Turkish and Crimean aggressions. In 1619, the Zemsky Sobor approved Filaret Romanov for the Russian Patriarchate. Zemsky Sobor 1648-1649 developed and approved the Cathedral Code of 1649.

Zemsky Sobor in 1653 decided to join Ukraine to Russia. It was the last real Zemsky Sobor.

In the 60-80s. XNUMXth century The Zemsky Sobor was not convened in its entirety, only commissions for estates (mainly boyars) met.

on behalf of the king, they considered a wide variety of issues (from an agreement with Armenian merchants to finding out the reasons for the high cost of food in Moscow) and offered the monarch their own options for resolving pressing problems.

Council meetings were held according to class curiae (spiritual, boyar, bureaucratic, noble and merchant).

Credentials Zemsky Sobor were uncertain and boundless: from the election of the king and the adoption of the most important codes to the resolution of minor economic issues. At first, there were no special regulations for the activities of the Zemsky Sobor. The Zemsky Sobor was convened only by royal command and acted in close connection with the royal government and the Boyar Duma.

The delegates of the Zemsky Sobor were elected representatives, but the Council of the XVI century. a delegate could get by virtue of his official rank, position or position. Zemsky Cathedral of the XNUMXth century was not a people's representation, but only an extension of the central government (the tsarist administration and the Boyar Duma).

The Zemsky Sobor became a truly representative institution under the Romanovs in XVII in. A certain procedure was developed for the election of participants in the Zemsky Sobor and the adoption of its decisions. The elected even received orders from voters and had to follow them in their practical activities.

16. ZEMSKIY AND GUTS

Local class-representative bodies with ser. XNUMXth century became zemstvo and labial huts.

Urban and rural societies began to issue lip charters, which granted the right to persecute and punish "dashing people", for this special were created. lip organs.

The fight against the robbers was organized and carried out by elected jurors (lip kissers), from among the black-haired peasants and townspeople. These persons acted within the limits of a special judicial district - lips (approximately within the boundaries of the volost).

Lip organs were headed by elected elders (heads) from the nobility of the given volost. Representatives of the labial organizations held their congresses, on the cat. the most important matters were decided, an all-district labial headman (head) was elected.

The labial elders in their activities relied on a large staff of labial kissers (elected in volost, stanovoye, rural and township districts), sotsky, fifty, tenth - police ranks of small districts.

The competence of the labial organs in the middle. XNUMXth century included a court for robbery and tatba, and in the XVII century. - also for murder, arson, etc.

In the XNUMXth century the activities of the labial huts fell under the control of the voivode. Over time, the provincial authorities lost their independence, electivity, were included in the centralized state administrative system.

The introduction of labial institutions did not yet imply the abolition of feeding. Another local reform of the 1552th century took the path of further restriction and elimination of feeding altogether. - zemstvo. Its goal was to replace governors and volostels with elected public authorities, extending their competence to zemstvo, local government and civil justice. The official decision to eliminate feeding was taken by Tsar Ivan IV in 1555. And in XNUMX the government issued a law proclaiming the Zemstvo a general, all-Russian and mandatory form of local self-government.

The competence of the zemstvo authorities included trial of court (civil) cases and those criminal cases that were considered in the adversarial process (beatings, robbery, etc.). Sometimes more serious cases (arson, murder, robbery, etc.) were considered by zemstvo elders and kissers together with the labial elders. The zemstvo elected officials collected the rent and other salaried taxes, and were responsible for this with their lives and property (unlike feeders). In fact, zemstvo institutions were not self-government bodies, but were bodies of local, but state administration, their activities were guaranteed and bound by mutual responsibility.

Zemstvo elders and tselovalniks (zemstvo judges) were elected (at first for an indefinite period, later - only for a year) from their midst by the black-haired and palace peasants in the countryside and the townspeople in the cities. Office work in the zemstvo huts was conducted by an elected clerk. In their activities, the elected zemstvos relied on the elected peasant community - sots, fifties and tenths.

17. STAGES OF THE PEASANTS IN RUSSIA. LEGAL STATUS OF THE PEASANTS AND THE POPULATION OF THE POSIAN POPULATION ACCORDING TO THE CODERAL CODE OF 1649

The enslavement of the peasants began with the Code of Laws of 1497, which allowed the transition of peasants from one landowner to another only within a week before and a week after the autumn St. George's Day, subject to payment of the elderly. This fee was increased by the Sudebnik of 1550.

St. George's Day was canceled at the end of the 1592th century, and at first temporarily (the "reserved summers" were introduced). Some historians believe that this was done by decree of Tsar Fyodor Ioannovich in 1597 ("decree enslavement"), although the royal decree itself has not been preserved. Its existence is assumed by some researchers, since in 5 the tsar (and this is already known for certain) set the term for detecting fugitive peasants at 1649 years ("lesson years"). The term of "lesson years" during the Time of Troubles was changed many times later by the Council Code of XNUMX. Lesson years were declared indefinite.

According to the Council Code of 1649, the peasants were finally attached to the land (and not to the personality of the landowner). 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 (sell, mortgage, donate, etc.). By the end of the XVII century. the landowners began to openly sell their peasants. It was legalized by Peter I.

Legal stages in the formation of serfdom (enslavement of peasants) in Russia:

▪ Law code 1497

▪ Law code 1550

▪ “reserved” and “prescribed summers”

▪ Council Code of 1649

According to the Council Code of 1649 the peasants were finally attached to the land, and not to the personality of the landowner.

With regard to the townspeople, the most important thing was that the Cathedral Code of 1649 abolished the "white" settlements, that is, urban areas exempt from taxation.

The process of social differentiation of the posad (urban) population continues. In the most privileged position were the so-called guests - merchants who had the right to trade with foreign countries, as well as being part of the living room and cloth hundreds. The Council Code of 1649 even speaks separately about the special state protection of "eminent people" - the Stroganov merchants.

Russian townspeople in the XNUMXth century. divided into the best, middle and young. They were entrusted with the performance of such taxing services as underwater service, permanent service, construction and repair of city fortifications, "pit chase", etc.

Among the urban (posad) population, it is also necessary to highlight service people “according to the instrument” - archers, Cossacks, gunners, etc. Streltsy settled in settlements, lived together with their families, received sovereign salaries and, in addition to military affairs, were engaged in crafts, gardening, and even trade.

Chapter 18

The main types of feudal land tenure in Russia in the XVII century. were a patrimony and an estate.

Votchina - unconditional hereditary land ownership (princely, boyar, monastic). The estates were actually in the free civil circulation of land. votchinas by subjects divided into palace, state, church and private, and by way of purchase - for ancestral, served (complained) and bought (here the subject of ownership was the family - husband and wife).

Most often, the circle of powers of the granted patrimony was determined in the letter of grant, which was also a formal confirmation of his legal rights to property. In fact, the purchased patrimony was equated in legal status with the one served.

From the XNUMXth century widespread estates i.e. conditional (given for public service) land ownership.

The local salary was calculated in a special way, which was determined primarily by the amount of state property assigned to the landowner. responsibilities. The object of landownership was not only arable land, but also fishing, hunting grounds, city yards, etc.

Initially, a mandatory condition for using the estate was real service, which began for the nobles from the age of 15. The son of a landowner who entered the service was "allowed" to use the land, but when his father retired, the estate went to him for quitrent until he came of age. From Ser. XNUMXth century this order changed - the estate remained in the use of the retired landowner until his sons reached the required age; at the same time, lateral relatives began to be allowed to inherit the estate. Women did not participate in the inheritance of estates. They were allotted land only in the form of pension payments.

In the XV century. boyars-landowners appear, subsequently there are more and more of them, and, on the contrary, quite a few nobles receive estates.

In the 1649th-XNUMXth centuries, during the period of the estate-representative monarchy, there was a convergence of the legal regime of the estate and the patrimony, and as a result of this, the legal status of the nobility and the boyars, although certain differences still remain in the Cathedral Code of XNUMX (until the period of Peter's transformations).

In the Cathedral Code of 1649, it was established that both boyars and nobles could be owners of estates; the estate was passed on to sons by inheritance; part of the land after the death of the owner was received by his wife and daughters; it was allowed to give the estate to the daughter as a dowry and to exchange the estate for the estate and for the patrimony. However, the landowners did not receive the right to freely sell the land (only by special order from the tsar), nor could they mortgage it. True, it was allowed to exchange a larger estate for a smaller one, securing the opportunity under the guise of this transaction to sell the estates.

19. CATHEDRAL CODE OF 1649: CONTRACT SYSTEM, CRIME AND PUNISHMENT, PROCEDURAL LAW

The Cathedral Code of 1649 is known treaties purchase and sale, exchange, donation, storage, luggage, rent of property and some others. Forms of securing contractual obligations began to be not personal, but property in nature. Moreover, the responsibility was not individual: spouses, parents and children were responsible for each other, debts could be inherited.

Much attention was paid to the forms of concluding contracts; for the sale and purchase of real estate, a written form becomes mandatory, and in the most important cases, the relevant documents were subject to official certification (state registration).

In addition to the concept of "dashing business" in the meaning "a crime" The Code introduces such concepts as "theft", "guilt".

Subjects of crimes - individual individuals and groups of individuals; accomplices, connivances, non-informers and concealers stood out.

On the subjective side of the crime divided into intentional, careless and accidental.

В the objective side of the crime mitigating (a state of intoxication, uncontrollability of criminal acts) and aggravating circumstances (repetition, great harm, commission of a crime by a group of persons by prior conspiracy, etc.) were distinguished.

Objects of crimes - state, church, family, personality, property, morality.

Types of crime:

1) against the church;

2) state - murder (or attempted murder) of the king, any insult to the king, treason, conspiracy, etc.

3) against the order of management;

4) against the deanery (justice and law enforcement agencies);

5) officials - extortion, theft of government funds, etc.;

6) against the person;

7) property;

8) against morality;

9) military.

Types of punishment:

1) death penalty - cutting off the head, quartering, hanging, burying alive in the ground, pouring metal into the throat;

2) self-harm;

3) corporal punishment (beating with whips);

4) imprisonment, exile;

5) deprivation of honor and rights;

6) fines;

7) religious punishments (penance).

Trial breaks up into two forms "court" (adversarial process) and "search" ("investigation" inquisitorial process).

Court began with the filing of a petition ("introduction"). The summons of the defendant to court was carried out by the bailiff Evidence: witness, written evidence, kissing the cross, lot.

Search carried out on cases of state. crimes and only in the capital, as well as on the most serious angle, cases. The basis for starting the process was the statement of the victim or his relative ("appearance") or the discovery of the fact of a crime ("red-handed"), as well as a denunciation ("linguistic rumor"). Investigative actions - "search" - interrogation of all suspects and witnesses; "confrontation" in which the informer, the defendant, the witness participated. An almost obligatory attribute of the search was torture, which could be carried out based on the results of the search.

20. PUBLIC AND STATE ORGANIZATION OF UKRAINE IN THE SECOND HALF OF XVII-XVIII centuries. PROCEDURAL LAW UNDER PETER I. "SUMMARY OF PROCESSES OR LITIGATIONS"

In 1654, Left-bank Ukraine, as well as Kyiv, was annexed to Russia. 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 headed by elected colonels.

The main source of Ukrainian law was the Lithuanian Statute and Magdeburg City Law (including the Saxon Mirror).

Issues of foreign policy of Ukraine were subordinated to the Ambassadorial order, and the armed forces - to the Discharge order. Since 1663, the Little Russian order began to manage the affairs of Ukraine. Later, the management of Ukraine passed to the Collegium of Foreign Affairs, and since 1750 - to the Senate.

The post of Ukrainian hetman was abolished by Catherine II. She also restored the Little Russian (Ukrainian) collegium. Eliminated the Ukrainian system of self-government, established the position of Little Russian governor-general.

Under Catherine II, as a result of the partitions of Poland. Russia included Western (Right-Bank) Ukraine, except for Galicia, which belonged to Austria (Austria-Hungary). The Northern Black Sea region (including Crimea) annexed to Russia began to be called Little Russia.

Procedural law under Peter I. In Russia they first appeared суды, i.e. state bodies engaged exclusively in the administration of justice and not burdened with administrative functions. These are court (provincial) courts and city judges in cities. True, these courts were abolished shortly after the death of Peter I. But the courts were not separated from the administration. Judicial powers in certain areas belonged to the corresponding boards. Judicial issues were also dealt with by the Senate and even the tsar personally.

In 1697, Peter I canceled the trial. In practice, the judicial procedure for considering some civil cases was retained. Despite the mandatory search, elements of competition have been preserved.

The litigation was regulated by a Brief description of processes or litigation (part of the Military Regulations of 1716, prepared in 1715) for military courts, where military commanders (generals and officers) were judges

At that time, the theory of formal evidence appeared in Russia, i.e., the value and significance of certain evidence were legally determined.

Peter I determines the form of the statement of claim, the norms of the Council Code of 1649 on civil cases and parts of criminal cases in civil (non-military) courts are also restored. Thus, there was a return to competition in these categories of cases.

The Preobrazhensky Prikaz actually performed the functions of a special court for political affairs.

Retained legal isolation and church courts.

21. LEGAL STATUS OF THE ESTATES IN THE XVIII century. ARTICLE MILITARY

Before Peter I (1672-1725), there were no clear legal distinctions between the various estates in Russia.

In 1714, by decree of the tsar "On uniform inheritance" was introduced primogeniture, that is, all landowner (and patrimonial) land could be inherited only by the eldest son. This act, in favor of the interests of the nobility, was limited to the heirs of Peter I and was finally canceled by Anna Ioannovna. The same decree finally equalized the legal status of estates and estates. All real estate went to the eldest son, i.e. the movable property of the deceased landowner (votchinnik) was subject to division equally among his sons. The sale and other alienation (except inheritance) of land estates, which from now on were called estates in law, and in everyday life - estates, were prohibited. Estates were now granted only for real services to the state, and the distribution of land right and left stopped. This is how it was formed a single service landlord estate ("gentry")'

The growing personal dependence of peasants on the nobility continues. The legal statuses of peasants and serfs finally merge together (especially after the change in tax legislation - the introduction of the poll tax). Now the peasants, even for marriage, required the appropriate permission of the landowner. Thus, serfdom finally took shape.

In the peasantry the following groups of peasants, attached to private industrial enterprises, stood out; state (former black-mossed); palace (belonging to the royal court); church (which were under the jurisdiction of a specially established College of Economy) privately owned.

Changes in status 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.

Urban population was divided into three guilds: wealthy privileged city dwellers (bankers, jewelers, shipowners, wealthy merchants, etc.); smaller merchants and artisans; the rest of the urban population.

Military articles were adopted in 1715, they entered the Charter of the military, cat. entered into force in 1716. They were devoted to the issues of criminal and administrative responsibility of military personnel. They were based on Swedish, German and Danish legislation.

In the Petrine period, the very concept of "crime" in its modern sense appears in Russian legislation.

Under Peter I, the state of intoxication was transferred from the category of mitigating to aggravating circumstances.

Types of crimes according to the Military Articles of 1715:

1) against faith (schismaticism was severely persecuted);

2) state (for example, insulting the king);

3) officials (embezzlement, bribery, etc.);

4) against the person;

5) property.

22. STAGES OF THE ORIGIN OF THE ABSOLUTE MONARCHY IN RUSSIA. GOVERNING SENATE

Peter I becomes really absolute Russian monarch. “His Majesty is an autocratic monarch who should not give an answer to anyone in the world about his affairs, but he has the power and authority to rule his own states and lands, like a Christian sovereign, according to his own will and goodness” (Military Article 1715).

In 1721, in connection with the victory in the Northern War, the Governing Senate and the Holy Synod confer on Peter I the title of "Father of the Fatherland, Emperor of All Russia", and Russia becomes an empire.

In 1722, Peter I issued a decree "On the succession to the throne", which approved the right of the monarch to appoint an heir to the throne at his own will, was the ancient tradition of succession to the throne was abolished.

By the end of the XVII - beginning of the XVIII century. appeared in Russia all the typical features of an absolute monarchy centralization of state administration, strengthening of state control (in 1722, the prosecutor's office was established); the decline of class-representative bodies (in particular, Zemsky Sobors ceased to convene); the creation of a strong professional bureaucratic apparatus (this was facilitated by the replacement of orders by colleges); In 1721, Russia became an empire, its expansionist aspirations intensified, the legal status of various estates was regulated by law, the main support of the autocracy was placed on a consolidated layer of landlords-landowners ("gentry"), patriarchal ideology began to dominate in society (not without reason since 1721 Peter I began to be officially called the "father of the Fatherland").

Due to the withering away of the Boyar Duma at the end of the XVII - beginning. XNUMXth century there are bodies called upon to carry out advisory and administrative functions under the monarch: first the Near Chancellery, then the Council of Ministers and finally the Senate.

Governing Senate, as the highest body for legislative and government affairs. management, was established by Peter I in 1711, first as a temporary body, which was called upon to replace the tsar during the Prut campaign. However, the Senate existed until 1917.

The Senate issued legislative acts; had administrative powers; was the highest judicial body (after the king); performed certain supervisory functions. Oversight of the Senate was carried out first by the auditor general, then by the special. guards officers, then chief prosecutor.

Under Catherine I and Peter II, many administrative functions of the Senate were carried out by the Supreme Privy Council, and under Anna Ioannovna - by the Cabinet of Ministers. Only in 1741, Elizaveta Petrovna, having abolished the Cabinet of Ministers, returned managerial and administrative functions to the Senate.

In 1763, Catherine II carried out Senate reform. It was divided into 5 departments. The first carried out foreign policy, legislative advisory, and higher administrative functions. The others were assigned judicial powers.

23. COLLEGE BODIES IN THE PERIOD OF FORMATION AND DEVELOPMENT OF THE ABSOLUTE MONARCHY IN RUSSIA

In 1717 begins replacement of orders by collegiums. When creating them, Peter I took the structure of the Swedish central government bodies as a model.

In fact, the colleges began to work in 1718-1721. these included the following:

1. College of Foreign Affairs - headed by the chancellor, the chancellor was a member of the Senate.

2. Military - its president was a member of the Senate.

3. Admiralty Board - its president was a member of the Senate.

4. Chamber College - Financial College, which was in charge of collecting the state. income.

5. Staff-offices-board - the financial board in charge of the state. expenses.

6. Revision board - the financial board that audited the state. finance.

7. Berg Collegium - an economic collegium that dealt with mining (and heavy industry in general).

8. Manufactory College - the economic college, which was in charge of light industry.

9. Commerce Collegium - an economic collegium dealing with trade, primarily foreign trade.

10. Justice Collegium - a legal collegium, it was in charge of justice issues.

11. The patrimonial board - a legal board dealing with court cases on land ownership.

12. (Holy) Synod (Theological Board), in its competence were church affairs. He had a special status, reminiscent of the status of the Governing Senate. The members of the Synod, church hierarchs, were appointed by the tsar, who thus effectively became the head of the Russian Orthodox Church. At the heart of the organization of the activities of the boards was collegial management principle. The boards were headed by presidents, who did not single-handedly lead their colleagues, but were, as it were, “first among equals,” although in fact the powers of power were concentrated with the presidents. Only the president of the board had the right to personally report to the emperor. Peter I appointed foreigners as vice-presidents of most boards. The board, in addition to the president and vice-president, included advisers and assessors, all of whom had the right to vote at the presence (meeting) of the board. The collegium (but not members of the collegium with voting rights) also included technical workers (former clerks and clerks): collegiate secretaries, collegiate registrars and collegiate translators.

In 1708, Russia was divided by Peter I into eight provinces, then the number of provinces increased. Later, a three-tier system of administrative-territorial division of Russia emerged: province - province - district (district). At the same time, the main layer of administrative functions was lowered from the provincial level to the provincial level. At the head of the province was the governor, at the head of the province and district - the governor, these were officials appointed from the center.

The former elected provincial and zemstvo bodies (huts) were abolished by Peter I as early as the beginning of the XNUMXth century.

24. SOCIAL SYSTEM IN RUSSIA IN THE FIRST HALF OF THE XIX century.

In 1785, Catherine II issued a charter to the nobility, which was a codification of legislation on the status of the nobility. The following rights were assigned to the nobles:

1) personal - 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);

2) property - a 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 entrepreneurial 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.

In 1785, Catherine II also issued a charter to cities, which codified legislation on the status of the urban population.

There were 6 categories of urban population:

1) city merchants, divided into guilds depending on the size of their fortune;

2) urban intelligentsia, bankers and capitalists, who formed a layer of honorary (eminent) citizens who had the rights of personal nobles;

3) townspeople engaged in small trade, who made up a significant layer of urban inhabitants;

4) townspeople who were engaged in crafts and received the legal status of artisans. The Charter to the cities of 1785 also included a special Craft Charter;

5) foreign citizens, as well as non-residents;

6) all other townspeople.

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

The clergy was still divided into black (monastic) and white (parish). The ministers of the church were, like the nobles, in a privileged legal position (they, in particular, were exempted from corporal punishment and land tax).

Among the peasantry, the most difficult was the position of the most numerous category - the landlord peasants. Since 1816, part of the state peasants was transferred to the position of military settlers. Such categories of the peasantry as possessive peasants remained (since 1840, factory owners were allowed to free them from serfdom, which significantly increased the productivity of their labor) and appanage (palace) peasants.

25. DEVELOPMENT OF THE FORM OF STATE UNITY OF RUSSIA IN THE FIRST HALF OF THE XIX century.

Russian Empire in the first half of the XIX century. was basically a unitary state - the provinces were administrative-territorial entities, completely controlled from the imperial center.

At the same time, there were a number of autonomous national formations within the empire, among which, first of all, Finland and Poland should be singled out.

Vyborg province was annexed to Russia by Peter I as a result of the Great Northern War. The rest of Finland, as a Grand Duchy, became part of Russia in 1809 after the victorious completion of another Russian-Swedish war. At the same time, Vyborg Governorate was annexed to the Grand Duchy of Finland. The Russian emperor assumed the title of Grand Duke of Finland, and the unification of Russia and Finland took the form of a personal union.

In Finland, a class (4-chamber) diet was created. The Finnish Senate performed not only judicial, but also government functions.

The Finnish constitution was repeatedly violated by the Russian imperial authorities.

The Polish and Lithuanian lands proper became part of Russia as a result of the third division of the Commonwealth in 1795.

As a result of the Congress of Vienna in 1815, when most of the Principality of Warsaw was re-attached to Russia, Alexander I granted Poland the status of the Kingdom of Poland and the Constitutional Charter. In Poland, as in Finland, the Sejm was created.

In Poland, local law was mostly preserved, even the army, the budget and other attributes of statehood. In particular, Poland, as before, was divided into voivodeships, and not into provinces.

After the Polish uprising of 1830, Nicholas I replaced Alexander's Constitutional Charter with the Organic Statute (1832). The Polish Sejm was abolished, the voivodeships 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 Governor General, although the emperor retained the name of the Polish Tsar in his official title.

Certain elements of autonomization also existed in Transcaucasia and the remote eastern territories of the Russian state.

26. CHANGES IN THE STATE MECHANISM OF RUSSIA IN THE FIRST HALF OF THE XIX CENTURY. UNDER ALEXANDER I

In 1802, Alexander I (1777-1825), with his Manifesto on the formation of ministries, replaced the collegial principle of decision-making in central government bodies with principle of unity of command and collegiums - ministries.

The following ministries were established:

1) military ground forces;

2) military maritime forces;

3) foreign affairs;

4) internal affairs (for the first time such a department was established);

5) justice. The first Minister of Justice of Russia was G.R. Derzhavin. Minister of Justice now ex officio becomes Attorney General;

6) finance;

7) commerce;

8) public education (also for the first time)

In the 10s. XNUMXth century There was also a Ministry of Police.

In order to coordinate the activities of the ministries, the Committee of Ministers was also established in 1802, which significantly curtailed the functions of the Senate.

Somewhat later, Alexander I approved the prepared M.M. Speransky General establishment of the ministry (1810) and Regulations on the Committee of Ministers (1812). These acts were regulations for the activity of any of the ministries and the Committee of Ministers, respectively.

In 1802, Alexander I tried to return to the Senate the administrative state. functions. The Senate, in particular, received the right to submit to an imperial decree (the right to remonstrate), but it was soon taken away from the Senate when the senators tried to use it. Soon the center of gravity of state administration was transferred by Alexander I from the Senate to the ministries. Until 1917, only judicial and some other powers finally remained with the Senate. By the 20s. XNUMXth century The Senate became the highest imperial court of appeal.

The number of departments of the Senate (each headed by its own chief prosecutor) by the middle of the XIX century. increased to 127. The first department oversaw the government apparatus and carried out the promulgation of laws. All other departments played the role of the highest courts of appeal for certain provinces of the empire.

Established in 1810 Council of State, cat. existed until 1917. The State Council initially had legislative functions. It was divided into departments: the department of law, civil and spiritual affairs, military and financial. After the Polish uprising of 1830, a special unit was formed as part of the State Council. Department of Affairs of the Kingdom of Poland.

Under Alexander I, the State Council was engaged in eating. issues: the development of a plan for financial transformations with subsequent submission to the emperor (1810); discussion of the plan for the transformation of the Senate, proposed by M.M. Speransky (1811); development of draft civil and criminal codes based on the Napoleonic codes (1812); issues of creating a special council of credit institutions and a commercial bank (1816), etc.

Under Alexander I, His Imperial Majesty's Own Chancellery performed purely clerical functions at the imperial court.

27. CHANGES IN THE GOVERNMENT MECHANISM OF RUSSIA UNDER NICHOLAS I. SYSTEMATIZATION OF RUSSIAN LEGISLATION IN THE FIRST HALF OF THE XNUMXTH CENTURY.

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.

28. PERSONAL AND PROPERTY RIGHTS AND OBLIGATIONS OF PEASANTS OUT OF SELF-DEPENDENCE. TEMPORARY PEASANTS AND PEASANT OWNERS

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.

29. MILITARY AND JUDICIAL REFORM OF THE SECOND HALF OF THE XIX century.

Home military reform was laid in 1857 by the abolition of military settlements. In 1874, a new "Charter on military service" was issued and universal military duty was introduced. A 6-year term of active service in the army was established; those who served were enlisted for 9 years in the reserve (in the fleet, the corresponding terms are 7 years and 3 years), they were provided with a number of benefits. For persons with higher education, the service life was reduced to 6 months. Cane discipline in the army was replaced by humane education and training of soldiers. The caste system of the officer corps was destroyed in connection with the possibility of entry into it of persons of non-noble origin. In general, the reform contributed to the improvement of the combat capability of the Russian army.

Preparing for judicial reform started back in the 50s. XNUMXth century It was based on the principles of the independence of the court from the administration, the equality of the parties before the court, the publicity and competitiveness of the process, the right of the accused to defense.

In total, 1864 legislative acts were adopted in 4: the Establishment of Judicial Institutions, the Charter of Criminal Proceedings, the Charter of Civil Procedure, the Charter on Punishments Imposed by Justices of the Peace.

The first court instance was the magistrate whose consideration was subject to ug. cases of non-serious crimes (the maximum punishment for which did not exceed 1,5 years) and simple civil cases (with a claim value of not more than 500 rubles). The justice of the peace made the decision alone. The decision of the justice of the peace could be appealed to the county (capital) congress of justices of the peace. Justices of the peace worked for free.

The system of general courts included district courts, judicial chambers and the Governing Senate.

District courts considered cases that were not referred to the jurisdiction of justices of the peace, while criminal cases were considered with the participation of jurors.

The judicial chambers were the appellate courts for the district courts, they could act as the first court in the most serious corners. cases (on religious and political crimes).

Senate - High Court of Cassation. the court considering appeals against sentences handed down by general courts with the participation of jurors. He also served as the court of first instance when bringing to ug. responsibility of higher state officials.

In 1867, the military judicial reform: The system of military courts was somewhat liberalized.

Advocacy in Russia it was created in the course of the judicial reform of 1864. Among lawyers, jurors and private attorneys stood out. Attorneys at law (lawyers in the proper sense of the word), united in boards (under the leadership of the Council of Attorneys at Law), acted as defenders in criminal proceedings, which private attorneys could not do. Private attorneys could work only at a certain court.

30. REFORMS OF THE SECOND HALF OF THE XNUMXTH CENTURY: ZEMSKAYA, CITY AND STOLYPIN AGRARIAN REFORM

Zemsky Reform. In 1864, zemstvo self-government bodies were created in Russia. The system of zemstvo bodies was two-level: at the level of the district and the province. The administrative bodies of the zemstvo were called assemblies, and the executive bodies were called councils. Members of the council were appointed by the zemstvo assembly at the appropriate level.

District zemstvo assemblies were elected by landowners (landowners), urban residents, even representatives of communal peasants had a certain number of seats in them. Provincial zemstvo assemblies were formed by uyezd zemstvo assemblies of a given province. The chairman of the provincial zemstvo assembly was approved in office by the minister of internal affairs and the governor of the corresponding province. The competence of zemstvo self-government bodies included the solution of local economic problems. Members of zemstvo assemblies were elected for 3 years, their partial rotation took place annually.

City Reform. In 1870, the “City Regulations” were published, introducing all-class local government in cities. The members of the city duma elected the mayor and members of the city council from among themselves. The competence of self-government bodies in cities corresponded to the competence of zemstvo institutions in rural areas. The Russian Minister of Internal Affairs or the governor of a given region could suspend the decision of the city duma.

P.A. Stolypin (1862-1911) during the years of the First Russian Revolution, he first became the Minister of the Interior, and a little later (since 1906) - the Chairman of the Council of Ministers (Prime Minister) of the Russian Empire.

In 1906, a Decree was issued, according to which every peasant-household owner received the right to demand from his community the provision of a land allotment in private ownership. This establishment was enshrined in the Regulations on land management issued on May 29, 1911. The regulation regulated the procedure for the activities of land management commissions. whose powers included, in particular, the delimitation of land allotments of peasants who left the community. It also provided for the possibility of abolishing the peasant community at the request of only a certain part of its members.

All those peasant communities were subject to liquidation, where land redistribution (regular redistribution of land plots between community members) had not been carried out for more than 24 years.

The Stolypin agrarian reform was aimed at the destruction of the peasant community, the formation of a layer of kulaks - independent agricultural producers and led to a significant stratification of the peasantry. Along with the prosperous kulaks, numerous landless laborers (poor peasants) appeared, who later became the basis of the revolutionary processes in the countryside.

An important role in the reform was played by the Peasants' Bank, cat. issued loans to peasants for the purchase of land, was a state. intermediary in the sale of landed estates.

31. STATE ORGANIZATION OF RUSSIA IN 1900-1914

Under the influence of the First Russian Revolution, which was developing in 1905, the main driving force of which was the proletariat, the autocracy was forced to make concessions and create a representative institution - State Duma.

Minister of Internal Affairs A.G. Bulygin prepared the first project for the creation of the State. thoughts.

However, a new revolutionary upsurge in the autumn of 1905 disrupted the elections to the Duma of the Bulygin type.

October 17, 1905 Nicholas II (1868-1918), at the suggestion of the Chairman of the Council of Ministers of the Council of Yugoslavia. Witte, published the famous Manifesto on the improvement of government. order.

The manifesto proclaimed (but did not provide legal guarantees) freedom of conscience, speech, assembly and associations, personal immunity. thought of the general population.

Elections to the State the duma was multi-staged in four unequal curiae (landowning, city, peasant, worker). Half of the population (women, students, military personnel) did not have the right to vote.

The Manifesto established a mandatory procedure for the approval of the State. the thought of all laws issued in the empire.

On the basis of and in pursuance of the Manifesto, some progressive changes were made by imperial decree to the Regulations on Elections to the State. Duma (aimed primarily at expanding the circle of voters).

February 20, 1906 was published Manifesto on changes to the State Establishment. Council and on the revision of the State Institution. Duma, according to which the State Government, which existed since 1810, the council became the upper house of the Russian parliament, and the newly created State. Duma (representative body of the population) - the lower house.

In the beginning. In 1906, Nicholas II single-handedly approved a new version of the Basic State Laws of the Russian Empire, according to which the tsar shared power with parliament in the legislative sphere - the State. thought and Mrs. advice.

First (1906) and Second (1907) State. Dumas turned out to be in opposition to the tsarist government, so they were quickly disbanded. Fearing further strengthening of the parliamentary opposition in the Duma, the autocracy went to the state. coup, changing the electoral law (June 3, 1907), the regime of the so-called June Third Monarchy was established.

The June 1907 coup secured the Black Hundred-Octobrist majority in the Third (1912-1912) and Fourth (1917-XNUMX) Dumas, obedient to the emperor and the government, making it practically pocket-sized.

The Octobrists ("Union of October 17") - the party of large landowners and the commercial and industrial bourgeoisie. The Duma was blocked alternately with constitutional democrats (cadets) and monarchists.

The Black Hundreds are members of the pogrom-monarchist organizations "Union of the Russian People", "Union of Michael the Archangel", etc. and "Black Hundreds" - armed detachments to fight the revolutionary movement in 1905-1907.

32. BASIC STATE LAWS IN THE VERSION OF 1906

In connection with the events of 1905 (primarily the adoption of the Manifesto on October 17, 1905), it became necessary to legally establish what had happened in the state. - Changes in the legal life of Russia.

New text of the Basic State. laws was developed by the State. office (subordinate to the emperor) and the Council of Ministers (this body, which controls the activities of individual ministers and chief executives, was created at the end of 1905, it was headed by SJ. Witte) without involving representatives of the general public.

In February 1906, the text of the Fundamental Laws was submitted to the Council of Ministers, and in March it was finalized by a Special Conference chaired by the Emperor.

April 23, 1906 Nicholas II, without waiting for the consideration of the First State. thought, single-handedly approved Code of the main state. laws of the Russian Empire In fact, it was the first Russian constitution and Russia became a constitutional monarchy However, in the Fundamental Laws themselves, the term "autocracy" was retained in relation to royal power.

Any bill, before being signed by the emperor, was subject to approval by the State Duma and the State. advice. Although the fullness of executive power remained with the emperor and the ministers appointed by him, headed by the chairman of the Council of Ministers. The ministers were not responsible to the parliament, but personally to the emperor. In addition to the ministers, the emperor appointed half of the members of the State. council, including the chairman of the upper house and his deputy. The king had the right to veto bills passed by the chambers of parliament.

State. the Duma was convened and dissolved by imperial decree.

The emperor could, on the proposal of the Council of Ministers, adopt legislative decrees in cases where there was such a need, and the session of the Duma or the State. council at that moment was interrupted (for example, the State Duma was dissolved by the tsar himself), except for those laws that relate to the status of the chambers of parliament themselves - the State. Duma and Mrs. advice. After the opening of the legislative session, within two months, such a decree had to be submitted for the approval of the Duma, otherwise it would automatically cease to have effect.

In 1906, the State was reformed. advice (196 members), which, in fact, became the upper house of the Russian parliament. Half of its members, including the chairman of the chamber and his deputy, were appointed annually by the emperor from the highest state. dignitaries. The elected part of the Council included representatives from the clergy, the Academy of Sciences and universities, zemstvo assemblies, noble societies, trade and industry. The same person could not be a member of the State at the same time. council and deputy of the State Duma. In general, in the State Council was dominated by representatives of the higher nobility.

State. Council approved all bills adopted by the State. thought, only after that they were sent for signing and publication by the emperor.

33. DEVELOPMENT OF LAW IN 1900-1914

Tsarist government at the beginning of the XNUMXth century. continued to use the previously established system of gendarme-police bodies, but also created new bodies - a special factory police as well as police units in rural areas - detachments of rural police guards. Measures were taken to increase the staffing of the general and political police.

In 1902-1903. in all more or less large cities of Russia, special bodies of political investigation are being created - security departments ("protectors"). In 1906, the Regulations on the district security departments were adopted, in 1907 - the Regulations on the security departments. The general management of the activities of the security departments was entrusted to the Special Section of the Police Department.

On August 19, 1906, the tsarist government, headed by Stolypin, introduced emergency legislation Regulations on military courts, which provided for their creation in areas where martial law or a state of emergency was declared. However, the Regulations on military courts were not approved by the Second State Duma and therefore ceased to be in force in 1907.

In 1905-1906, in accordance with the Manifesto of October 17, 1905, several The sphere of personal and civil freedoms of Russians is expanding. Thus, the Temporary Rules on the Press proclaimed the abolition of general and spiritual censorship. On March 4, 1906, the Decree “On Temporary Rules on Meetings” was issued, which allowed meetings to be held freely, without prior application and permission from the administrative authorities. The temporary rules on societies and unions of 1906 allowed the activities of trade unions. However, all of the above rights and freedoms were often violated in practice.

In 1903, a new Criminal Code of the Russian Empire. It combined the Code on criminal and correctional punishments and the Charter on punishments imposed by justices of the peace.

The general part of the Code contained clearer definitions of the concept of "crime", grounds for criminal liability, forms of guilt, types of complicity, stages of committing a crime, and other provisions of criminal law.

The age of criminal responsibility was increased to 10 years.

Responsibility for state crimes was significantly increased (rebellion against the supreme power, criminal acts against the person of the emperor and members of his family, high treason, turmoil), this was dictated by the First Russian Revolution of 1905-1907. Punishments for state crimes were the death penalty, fixed-term and indefinite hard labor, imprisonment in a fortress for long periods, exile to a settlement in remote regions of Russia (usually in Siberia and the Far East).

34. STATE ORGANIZATION AND DEVELOPMENT OF LAW IN RUSSIA DURING THE FIRST WORLD WAR

With the entry of Russia into the First World War in 1914, the importance of such military control bodies as the Headquarters of the Supreme Commander-in-Chief increased. War Ministry and General Staff. Extraordinary powers were also granted to the Council of Ministers.

Since 1915, representatives of industry and trade have been created military industrial committees, who acted as intermediaries between the treasury and industry. They distributed military orders, regulated the commodity market, controlled external purchases, the labor market and transport. In July 1915, the first congress of representatives of military-industrial committees was held. The functions of the committees were secured by a special law adopted in the same year. Part Central Military Industrial Committee included representatives from the Council of Trade and Industry, the All-Russian Zemstvo and City Unions, the city dumas of Moscow and Petrograd, the All-Russian Chamber of Agriculture, and the Committee for Military-Technical Assistance. Under the military-industrial committees, working groups, conciliatory chambers and labor exchanges were created.

To coordinate the work of individual departments, from the summer of 1916, special meetings on defense began to be created, the composition of these bodies was approved by the emperor and the State. thought. In order to combine all measures to supply the army and navy and organize the rear, a special was created. superintendent body - Special Ministerial Meeting World War I demanded that the government intervene in contractual and economic relations. A moratorium (freezing contracts) was introduced to bill relations.

In the end of 1914, a number of defense plants were transferred under state control on the basis of compulsory state. defense orders. Civil law freedom for the supply of raw materials and materials was actually eliminated. Subsequently, transactions with representatives of other countries for all categories of goods and raw materials were prohibited.

The government went for the maximum restriction of private law transactions for fuel and a number of other especially scarce goods. Developed bills on state. monopolies in a number of sectors of the economy.

The provinces were transferred to a state of war and a state of emergency. Courts-martial were created. A criminal offense, liability for violation of military service and the death penalty for deliberate self-harm in order to evade military service were established. Strengthened angle, responsibility for drunkenness, bribes and speculation, deliberate increase in food prices, evasion of state. orders, primarily of a defensive nature.

A corner, responsibility is established for the concealment of goods and raw materials, for the violation of prohibitive laws in trade and industry by foreign nationals.

35. STATE AND LAW OF RUSSIA IN THE EARLY 1917

February 27, 1917 imperial power in Petrograd was overthrown as a result of a popular uprising. 2nd of March Nicholas II abdicated in favor of his brother Mikhail Alexandrovich, and the next day - in favor of the Constituent Assembly.

Was created Temporary Committee of the State. Duma. State Duma and State. the council ceased its work. Created The Provisional Government (it was perceived as the legal successor of the Council of Ministers), the Petrograd Soviet of Workers' and Soldiers' Deputies also began to claim power.

The Gendarme Corps, the Police Department, the Main Directorate for Press Affairs (censorship), the Supreme Criminal Court, the Supreme Disciplinary Court, and the Senate's Special Presence were abolished.

The first composition of the Provisional Government was headed by the chairman of the All-Russian Zemstvo Union, Prince G.E. Lvov. It included representatives of big capital, heads of military-industrial committees, and prominent zemstvo figures. The interim government took an oath at a meeting of the Senate, thereby emphasizing the continuity and legitimacy of the new government. Most of the articles of the Fundamental Laws of the Russian Empire continued to operate,

The provisional government proclaimed a political amnesty, abolished the death penalty, and democratized the institutions of zemstvo and city self-government. It concentrated the highest legislative and executive powers in its hands; the Senate, Synod and special meetings were subordinate to it.

Soon, the Meeting of Comrade Ministers of the Provisional Government was created, designed to consider a wide range of issues prepared by the Chancellery of the Provisional Government.

In the spring of 1917 dual power arose in Petrograd: The Provisional Government, which actually had no real power, and the Petrograd Soviet of Workers' and Soldiers' Deputies, which did not have clearly defined functions, but gained real power thanks to the support of the workers and soldiers.

The Petrograd Soviet of Workers' and Soldiers' Deputies formed a "contract" commission to coordinate joint activities with the Provisional Government. The Executive Committee of the Petrograd Soviet tried to influence the government, relying on democratic organizations: councils, trade unions, left-wing party organizations, etc.

The Provisional Government was preparing elections to the Constituent Assembly, scheduled for September (they were later postponed), reform of local self-government, land reform, in April created a system of land committees, approved the rights of factory committees (workers' control bodies). Being a temporary government, until the convocation of the Constituent Assembly, the government did not consider itself entitled to start any fundamental reforms, since it did not have a reliable administrative apparatus in the localities, only specially appointed commissars of the Provisional Government acted in the provinces.

36. STATE AND LAW OF RUSSIA IN JUNE-OCTOBER 1917

In June 1917, a I All-Russian Congress of Soviets of Workers' and Soldiers' Deputies. The Congress generally expressed support for the Provisional Government, linking its policy also with the upcoming Constituent Assembly. As a result, a course was taken to eliminate dual power. The Provisional Government took on a coalition character, increasing the representation of socialists, A.F. became minister-chairman. Kerensky.

In August 1917, a State meeting. At this time, the government of A.F. Kerensky managed to suppress the conservative Kornilov rebellion, the cadet ministers finally left the cabinet, and the Directory, led by Kerensky, took over control and formed a new coalition government.

September 1, 1917 The provisional government proclaimed Russia a democratic republic.

On September 14, it was convened Democratic Conference from representatives of councils, cooperatives, zemstvos and army organizations. At the Conference, a body of "control over the government" was formed - the Provisional Council of the Republic ("pre-parliament"), which turned into a body of legislative proposals.

October coup It began on October 24, 1917 (old style), by the night of October 25-26, the insurgent Bolsheviks captured the Winter Palace, the seat of the Provisional Government, and generally took control of Petrograd. At the opening of the II All-Russian Congress of Soviets, a statement was adopted on the overthrow of the Provisional Government under the leadership of A.F. Kerensky and the transfer of power in Russia to the Soviets of Workers', Soldiers' and Peasants' Deputies. At the same time, the Bolsheviks have not yet rejected the idea of convening a Constituent Assembly to determine the future of the Russian state.

The II All-Russian Congress of Soviets also adopted two appeals - "To the Citizens of Russia" and "Working Soldiers and Peasants", which spoke of the transfer of power in the capital to the Military Revolutionary Committee of the Petrograd Soviet of Workers' and Soldiers' Deputies, the Congress of Soviets of Workers' and Soldiers' Deputies, and in the localities - to local Soviets.

Soviet power in Russia was proclaimed in Petrograd by the II All-Russian Congress of Soviets, which, in the first hours after the overthrow of the Provisional Government, adopted the Decrees on Peace and Land proposed by the Bolsheviks who came to power, approved the composition of the Council of People's Commissars headed by Lenin, elected the All-Russian Central Executive Committee (headed by Kamenev was later replaced by Sverdlov). The Council of People's Commissars became one-party: the Socialist-Revolutionaries refused to enter it (subsequently, in 1918, it included representatives of the Left Socialist-Revolutionaries and Maximalist Socialist-Revolutionaries). The Council of People's Commissars of Russia (before the dissolution of the Constituent Assembly in January 1918) should be characterized as a provisional Russian government.

37. DEVELOPMENT OF THE FORM OF STATE UNITY IN OCTOBER 1917 - JULY 1918 CREATION OF THE SOVIET STATE APPARATUS

The Bolsheviks, having come to power, proclaimed the right of nations to self-determination. Taking advantage of this, in 1917 the Republic of Finland gained independence. In June 1918, an independent Tuva state was formed on the territory of the Uryankhai region, which had been a protectorate of the Russian Empire for a long time. The Tuva People's Republic returned to Russia in October 1944.

In the first months of Soviet power, in addition to the Russian, a number of other Soviet socialist republics (Ukraine, Georgia, Armenia and Azerbaijan) were formed.

In addition, the process of federalization of the Russian Republic itself began. The course towards a federal state structure of Soviet Russia was already proclaimed by the III All-Russian Congress of Soviets (the resolution "On the Federal Institutions of the Russian Republic", a number of provisions of the "Declaration of the Rights of the Working and Exploited People").

The IV Regional Congress of Soviets of Turkestan in January 1918 set the goal of creating a Soviet autonomy for the region within Russia. The next V Regional Congress of Soviets of Turkestan on April 30, 1918 proclaimed the creation of the Turkestan Autonomous Soviet Socialist Republic within the Russian Federation.

A similar decision was made at the II Congress of the peoples of the Terek, held in Pyatigorsk in February-March 1918. At that time, the Kuban-Black Sea, Don (on the territory of the former Don Cossack Host Region) and Tauride Autonomous Regions also arose on the territory of the RSFSR.

The formation of autonomous Soviet republics within Soviet Russia in the first half of 1918 took place from below, a significant role in this was played by special commissars sent from the center (for example, S. Ordzhonikidze in the North Caucasus and the Don).

The legal status of the autonomous Soviet republics within Russia at that time was not defined sufficiently fully and clearly.

II All-Russian Congress of Soviets formed Council of People's Commissars of Russia, which first replaced the Provisional Government and then became a permanent government body of Soviet Russia.

Court Decree No. 1 dated November 22, 1917, all the old courts, the prosecutor's office and the bar were liquidated, in their place came local courts and revolutionary tribunals, whose status was fixed Court Decrees No. 2-3 (1918)

The organ for the economic policy of the Bolsheviks was Supreme Council of the National Economy at first, a very important role was played by the organs of workers' control, created under the Provisional Government.

Already in 1917, the first Soviet special service was formed - All-Russian Extraordinary Commission for Combating Counter-Revolution and Sabotage (VChK). She became the main initiator of the “Red Terror” during the Civil War, largely replacing the judicial authorities (the revolutionary tribunals were subordinate to the Cheka).

38. CHANGES IN THE PUBLIC ORGANIZATION OF RUSSIA AFTER OCTOBER 1917

The October Socialist Revolution brought about fundamental changes in the social system of Russia. The transition from capitalism to socialism was carried out, following the Marxist-Leninist teaching from one socio-economic formation to another, more progressive one.

Following the classical Marxist postulates, the Bolsheviks, having come to power, began the socialization of the means of production, that is, first of all, the nationalization (nationalization) of factories and plants. The land was the first object of nationalization (Decree on Land 1917). The nationalization of the land created the basis for subsequent collectivization and industrialization. Already in the first months of Soviet power, collective farms (collective farms) appeared in the countryside, mainly in the form of labor communes with an equal distribution of all the goods produced. The Decree on Land actually and legally eliminated the stratum of landowners as such.

The transitional step towards the nationalization of industrial enterprises, primarily in large cities, was workers' control (especially in 1918). In the following months, nationalization already covered entire industries, and by the summer of 1917 almost all large and medium-sized industry was socialized. Banks, railways, and other objects of state importance were also nationalized. The capitalists were losing their socio-economic independence and were mercilessly destroyed as a class.

The capitalist structure in the country's economy was rapidly being replaced by an expanding socialist one. The dictatorship of the proletariat was established (in alliance with the poorest peasantry).

The October Revolution was a great shock to the Russian intelligentsia, which split into two camps and, for the most part, ended up in exile.

The Decree on the elimination of all former estates and the introduction of a single common name for Russians - a citizen of the Russian Republic (November 1917) became the legal consolidation of the social changes that had taken place. Another form of address that emphasized the social equality of all Soviet citizens was the word "comrade"

Former "exploiters" and some other segments of the population (primarily landowners and capitalists, as well as the clergy) were deprived of political and other rights (became "disenfranchised"), and were subjected to repression.

The Soviet state established clear national equality and equality of citizens on the basis of gender.

39. SOURCES OF SOVIET LAW IN 1917-1918 APPEAL TO "WORKERS, SOLDIERS AND PEASANTS"

The first years of Soviet power were marked by the openly nihilistic attitude of the ruling Bolshevik party towards law. Following the Leninist reading of K. Marx's provisions on the inevitability of the withering away of the state and law under communism and considering the dictatorship of the proletariat as "power based directly on violence, not bound by any laws" (Lenin), the Bolsheviks during the Civil War gave preference not to legislation and legality, but revolutionary legal consciousness, which in practice was difficult to distinguish from arbitrariness.

In 1917, the Bolsheviks proclaimed a rejection of the legislation of the "overthrown governments." The pre-revolutionary Russian legal system, which had been created over decades, suddenly ceased to exist. In the conditions of the almost complete absence of criminal, civil and other branches of Soviet legislation, an obvious "vacuum of law" was created, which was compensated by the outright arbitrariness of the Bolsheviks, and basically decisions were made not by the Congress of Soviets and not even by the All-Russian Central Executive Committee, but at the level of the Council of People's Commissars of Russia of the Supreme Council The National Economy, individual departments, the Cheka was distinguished by its special power and almost complete lack of control.

However, already in 1918, such legislative acts were issued as the Code of Laws on Civil Status, Marriage, Family and Guardianship Law of the RSFSR, the Code of Labor Laws of the RSFSR, proclaiming the new socialist foundations, respectively, of family and labor law in Russia.

Appeal to "Workers, Soldiers and Peasants"

was adopted in Petrograd by the II All-Russian Congress of Soviets at 5 am on October 26, 1917, three hours after the arrest of the Provisional Government in the Winter Palace.

This appeal legally secured the establishment of Soviet power in Russia, that is, the formation of the world's first Soviet state. This appeal can also be considered the first source of Soviet law.

The appeal also announced a program of priority measures for the Soviet state: the establishment of peace for all peoples, the gratuitous transfer of land plots to peasants, the democratization of the army on a Soviet basis, the establishment of workers' control in factories and factories.

40. DECRETS "ON THE WORLD", "ON THE LAND", "ON THE FORMATION OF THE WORKERS' AND PEASANTS' GOVERNMENT"

Decree "On Peace" was adopted by the II All-Russian Congress of Soviets on October 26, 1917 and proclaimed peace without annexations and indemnities.

The Decree on Peace, along with very specific proposals to conclude peace between the warring states, to publish all secret diplomatic acts, to renounce annexations and indemnities, proclaimed the principles of the long-term foreign policy of Soviet Russia - peaceful coexistence and "proletarian internationalism", the right of nations to self-determination. At the same time, to a large extent, the Decree was declarative in nature.

At the beginning of March 1918, implementing the Decree on Peace, Russia concluded the Treaty of Brest-Litovsk with Germany.

Decree "On Land" was also adopted in Petrograd by the II All-Russian Congress of Soviets. He proclaimed the abolition of private ownership of land and established exclusively state property on it.

The Decree on Land was based on peasant orders formulated by the Soviets and land committees as early as August 1917. To a large extent, the Decree was based on the main ideas of the Socialist-Revolutionary agrarian program and the draft agrarian law (Nakaz). The agrarian practice of the summer of 1917 was legalized, when the land was arbitrarily taken away from the landowners by the peasants.

The Decree proclaimed a variety of forms of land use (household, farm, communal.

artel), confiscation of landowners' lands and estates, which were transferred to the disposal of volost land committees and district Soviets of peasant deputies. The right to private ownership of land was abolished. The land passed "into the common property and the use of all the working people on it" and the "socialization" of the land was carried out. The use of hired peasant labor and the lease of land plots were prohibited.

The ideas of the Decree on Land were developed by the Decree on the Socialization of Land (January 1918).

Decree "On the Formation of a Workers' and Peasants' Government". To govern the Soviet state, the Second All-Russian Congress of Soviets issued a corresponding decree, on the initiative of the Bolsheviks led by V.I. Ulyanov-Lenin formed the Council of People's Commissars (SNK) - the Provisional Workers' and Peasants' Government. The SNK was headed by Lenin himself. The bodies of sectoral management in Soviet Russia were the People's Commissariats (People's Commissariats), whose leaders were members of the Council of People's Commissars. People's Commissariats were formed for military and maritime affairs, for trade and industry, public education, finance, foreign affairs, justice, post and telegraphs, food, for railway affairs, for nationalities, etc.

The All-Russian Congress of Soviets in January 1918 fixed the Council of People's Commissars as a permanent government body of the Soviet state, while in the initial period it existed precisely as a provisional government.

41. "DECLARATION OF THE RIGHTS OF THE PEOPLES OF RUSSIA". DEVELOPMENT AND ADOPTION OF THE RSFSR CONSTITUTION OF 1918. PRINCIPLES OF DEMOCRACY UNDER THE RSFSR CONSTITUTION OF 1918

"Declaration of the Rights of the Peoples of Russia" was adopted on November 2, 1917. It was important for the practical implementation of the right of nations to self-determination, up to the formation of an independent state, proclaimed by the I and II All-Russian Congresses of Soviets. This created a legal basis for the subsequent recognition of the independence of Finland and the Soviet socialist republics that emerged on the outskirts of the Russian Empire.

Decision on the development of the Constitution of the RSFSR was adopted by the III All-Russian Congress of Soviets (January 1918).

On March 30, 1918, the Central Committee of the Bolshevik Party decided to instruct Sverdlov to organize a commission through the All-Russian Central Executive Committee to develop the Constitution (Basic Law) of the Russian Republic. Soon Sverdlov, the former chairman of the All-Russian Central Executive Committee, headed the Constitutional Commission. In addition to the Bolsheviks, it included several Socialist-Revolutionaries. The commission also included prominent legal scholars and state experts, prominent statesmen.

The first Soviet Constitution was adopted in July 1918 by the V All-Russian Congress of Soviets. It was based on a project developed by the Constitutional Commission under the leadership of Sverdlov. The text of the 1918 Constitution was preceded by the Declaration of the Rights of the Working and Exploited People, rejected by the Constituent Assembly in January 1918 but adopted III All-Russian Congress of Soviets.

The limits of Soviet democracy manifested itself in the provisions of the Constitution that the Russian Republic is a free socialist society of all the working people of Russia. The bearers of power in the Soviet state are only working people, and not all citizens.

Persons resorting to hired labor for profit, living on unearned income, private traders, trade and commercial intermediaries, and some others were deprived of voting rights. In addition, the Constitution allowed for the deprivation of the exploiters of any rights if these rights are used to the detriment of the workers.

An important principle of Soviet democracy was its internationalism: "The RSFSR, recognizing equal rights for citizens regardless of their racial and national affiliation, declares the establishment or admission of any privileges or advantages on this basis, as well as any oppression of national minorities or restriction of their equality, to be contrary to the fundamental laws of the Republic."

The Constitution of the RSFSR of 1918 proclaimed and secured a number of democratic freedoms for citizens, including freedom of conscience, freedom of speech and press, freedom of assembly, freedom of association in all kinds of unions. These freedoms, as follows from the general meaning of the Constitution, were granted only to working people.

42. CONSTITUTION OF THE RSFSR 1918: PRINCIPLES OF THE FEDERATION, ELECTORAL RIGHT, SUPREME BODIES OF STATE POWER AND ADMINISTRATION

The Constitution of the RSFSR of 1918 established that the subjects (members) of the Soviet federation are autonomous regional unions, which are created as follows: “Councils of regions, distinguished by their special way of life and national composition, can unite into autonomous regional unions... These autonomous regional unions are included in the beginnings of the federation into the Russian Socialist Federative Soviet Republic." Thus, the national-territorial principle of the Soviet federation was emphasized.

The most important principle of the federation, according to the Constitution of the RSFSR of 1918, was proclaimed voluntariness. Yes, Art. 2 of the Constitution of the RSFSR emphasized that this state "is established on the basis of a free union of free nations." By uniting into the Russian Federation, each nation thus exercised its right to self-determination.

Suffrage. Workers formed their own representative bodies - councils of workers', soldiers' and peasants' deputies at the level of cities and villages. Further, higher councils were formed on the basis of the delegation of their deputies by lower ones from among themselves. The composition of delegates to the All-Russian Congress of Soviets was also formed, i.e. the electoral system was multi-stage.

In the conditions of the first post-revolutionary months and the Civil War, the multi-stage indirect system of elections to councils at different levels was dictated by technological reasons, and later it became a kind of filter preventing non-Bolshevik elements from penetrating the upper levels of state decision-making.

The right to vote was universal for all working citizens who had reached the age of 18, regardless of religion, nationality, gender, settlement, etc.

Voting could be either secret or open.

The Constitution of the RSFSR of 1918 also secured the right to recall the deputies of the Soviets.

The highest bodies of state power and administration The RSFSR was the All-Russian Congress of Soviets, the All-Russian Central Executive Committee (VTsIK), its Presidium, the Council of People's Commissars (Sovnarkom, SNK). The All-Russian Central Executive Committee and the Council of People's Commissars were formed by the decision of the All-Russian Congress of Soviets. At the same time, the delimitation of powers between them was carried out rather inconsistently (the Marxist legal doctrine rejected the principle of separation of powers as bourgeois), but in general, the All-Russian Central Executive Committee was a legislative body, and the Council of People's Commissars was a government one. The Council of People's Commissars consisted of a chairman (the first chairman of the Council of People's Commissars was V.I. Lenin), his deputies and people's commissars - the heads of people's commissariats, industry management bodies, there were 18 of them at that time.

43. FAMILY AND FINANCIAL LAW IN 1917-1918

Already on December 18, 1917, the Decree on civil marriage, on children and on the maintenance of civil status books was adopted. Church marriage was canceled in connection with the separation of church and state. A civil marriage (registered with the relevant state bodies that were part of the system of the People's Commissariat of Justice of the RSFSR), not accompanied by a church wedding, received legal force.

Spouses, in connection with the establishment of gender equality, were recognized as equal parties to marriage, they could keep their surnames or take the surname of one of the spouses (before that, the wife always took the husband's surname).

For the first time, illegitimate children were equalized in rights with children born in a legal marriage. In controversial cases, there was a judicial procedure for establishing the father of an illegitimate child.

Voluntaryness was declared a necessary condition for entering into a legal marriage.

A decree on the dissolution of marriage was also adopted. In the presence of the mutual consent of the spouses, the divorce was formalized on the basis of their written application to the civil registry authorities by making an appropriate mark in the civil registry book. In the dissolution of marriage, the real equality of spouses was also manifested. In controversial cases, the fate of children, the establishment of maintenance obligations were determined in court.

Polygamous families, traditional for the Muslim regions of the country, were banned.

Financial right. Having come to power, the Bolsheviks did not immediately begin to break the tax system that they inherited from the Provisional Government. In particular, on November 24, 1917, a special decree was issued requiring strict payment of taxes established by both the Tsarist and Provisional governments.

Over time, the tax system was adjusted in favor of "class instinct": the tax burden on the poor (in particular, the rural poor) was eased, while private business was taken into a tight financial grip and, in fact, suffocated.

Local Soviets often simply took away money from the propertied strata for their needs (in the form of a one-time indemnity).

In 1918, private banks were liquidated, i.e., nationalized, the Soviet treasury (according to the decree of the Council of People's Commissars on the unity of the cash desk of May 2, 1918) was serviced with the help of a single People's Bank and the state treasury. Precious metals in ingots, jewelry, foreign currency were confiscated from individual bank safes.

In January 1918, the Soviet state refused to pay debts made before October 1917.

The 1918 RSFSR Constitution laid the foundations for the Soviet tax system. Taxes were divided into national (republican) and local. In July 1918, the first Soviet state budget was approved (backdated to 1918).

44. STATE AUTHORITIES AND ADMINISTRATION DURING THE CIVIL WAR

In November 1918, the Extraordinary VI All-Russian Congress of Soviets adopted a resolution "On revolutionary legality", which was due to the difficult situation on the fronts of the Civil War. The order of activity and interaction of the All-Russian Central Executive Committee, the Presidium of the All-Russian Central Executive Committee, the Council of People's Commissars and local Soviets was adjusted by the decrees "On Soviet Construction" of the VII All-Russian Congress of Soviets (December 1919) and the VIII All-Russian Congress of Soviets (December 1920). In particular, it was established that the Council of People's Commissars of the RSFSR considers and approves all decrees and nationwide events that brook no delay (including military affairs), and all events that entail obligations for the RSFSR in international relations. The Presidium of the All-Russian Central Executive Committee was given the right to cancel the decisions of the Council of People's Commissars and issue the necessary decisions on behalf of the All-Russian Central Executive Committee. In this way, The Presidium of the All-Russian Central Executive Committee became, as it were, the collective head of the Soviet state.

The extraordinary conditions of the Civil War and foreign intervention required the Soviet government to create emergency government agency. It became the Council of Workers' and Peasants' Defense, established on November 30, 1918 by the corresponding decree of the All-Russian Central Executive Committee. The newly created Council was headed by the Chairman of the Council of People's Commissars of the RSFSR V.I. Lenin. The Council included representatives of the All-Russian Central Executive Committee, the Revolutionary Military Council of the Republic, the Extraordinary Commission for the Production of Supplies, the People's Commissariats for Food and Communications. In 1920, the Council of Workers' and Peasants' Defense was transformed into the Council of Labor and Defense, a corresponding resolution was adopted by the VIII All-Russian Congress of Soviets.

At the beginning of 1920, the All-Russian Central Executive Committee, in order to regulate the legal status of the lower level of the Soviets, approved by a corresponding decision Regulations on volost executive committees and rural councils It was marked by a general trend towards the centralization of local government. The core of the centralization policy was Russian Communist Party (Bolsheviks) (RKP(b)) having local party organizations.

In areas declared under martial law, revolutionary committees (revolutionary committees) acting on the basis of a special Regulation approved by a joint decision of the All-Russian Central Executive Committee and the Council of Workers' and Peasants' Defense on October 24, 1919. In 1920, with the improvement in the general situation on the fronts of the Civil War, the revolutionary committees were abolished.

Managed the economy of Soviet Russia Supreme Council of the National Economy (VSNKh), to which the local councils of the national economy were subordinate.

Centralized food supply of Soviet Russia began to be dealt with People's Commissariat of Food RSFSR (to which, in particular, the infamous food detachments that carried out food distribution were subordinate).

45. LAW ENFORCEMENT AND JUDICIAL AUTHORITIES DURING THE CIVIL WAR

In October 1918, on behalf of the Council of People's Commissars of the RSFSR, the People's Commissariats of Internal Affairs and Justice issued an Instruction on the organization Soviet Workers' and Peasants' Militia. In particular, the criminal investigation department was transferred to the jurisdiction of the police. The Main Directorate of the Workers' and Peasants' Militia was created as part of the People's Commissariat of Internal Affairs; directorates of the Workers' and Peasants' Militia were created at the provincial and district levels.

The most important law enforcement functions were not handled by the police, but by agencies and subdivisions All-Russian Extraordinary Commission In a number of cases, the Cheka was granted the right to extrajudicial repression. Bodies of the Cheka were also created in other Soviet socialist republics (for example, in Ukraine), in units and formations of the Workers 'and Peasants' Red Army, in railway and water transport, along the state border of Soviet Russia.

In November 1918, it was accepted Regulations on the People's Court of the RSFSR (A new version of the Regulations was adopted in 1920). The judicial body was the people's court. The court of second instance was the Council of People's Judges, which consisted of people's judges of the given judicial district. People's judges (judges of people's courts) were elected by the Soviets, only workers could become them. Collegiums of full-time defenders (the collegium of defenders was liquidated by the Regulations of 1920), prosecutors and representatives of the parties were created under the local Soviets.

Along with the people's courts in Soviet Russia during the Civil War, there were revolutionary tribunals: general (territorial) revolutionary tribunals (in provincial and other large cities), military revolutionary tribunals (since 1919 under the revolutionary military councils of the fronts, as well as under the Revolutionary Military Council of the Republic), military railway tribunals (since 1920 under the directorates railways and the People's Commissariat of Railways of the RSFSR), as well as the Special Revolutionary Tribunal for Speculators under the Cheka (since 1919). The second instance for the revolutionary tribunals was the Cassation Tribunal under the All-Russian Central Executive Committee.

Court cases of particular importance were transferred by special decision of the All-Russian Central Executive Committee to the Supreme Tribunal under the All-Russian Central Executive Committee (since 1918).

46. DEVELOPMENT OF THE FORM OF STATE UNITY IN THE YEARS OF THE CIVIL WAR

During the years of the Civil War, the formation and strengthening of independent Soviet socialist republics (SSR) led by the RSFSR took place.

Legally, the Ukrainian SSR continued to exist, although its territory was not controlled by the Bolsheviks for a long time. After the liberation, already in March 1919, the 1918st All-Ukrainian Congress of Soviets adopted the Constitution of Soviet Ukraine (modeled on the Constitution of the RSFSR of XNUMX). The capital of the republic was first Kharkov, then Kyiv.

In the same year, the First Congress of Soviets of Belarus adopted the Constitution of the Byelorussian SSR, with its capital in Minsk.

Soviet power in the Baltics was crushed. The Latvian SSR and the Lithuanian SSR proclaimed here were liquidated (for some time in 1919 there was a united Lithuanian-Belarusian SSR). Estonia, Latvia and Lithuania became independent bourgeois states.

In 1920-1921. the bourgeois Transcaucasian states - Georgia, Azerbaijan and Armenia - were liquidated. In 1921, the 1922st Congress of Soviets of the Azerbaijan SSR adopted the first Constitution of Soviet Azerbaijan, with the capital in Baku. At the beginning of 1918, the congresses of the Soviets of the Armenian SSR and the Georgian SSR adopted the first Constitutions of Soviet Armenia, with its capital in Yerevan, and Soviet Georgia, with its capital in Tiflis (Tbilisi). These basic laws of the Soviet republics were created in the model and likeness of the Constitution of the RSFSR of XNUMX.

In Central Asia, in 1920, the Khorezm People's Soviet Republic (on the territory of the Khiva Khanate) and the Bukhara People's Soviet Republic (on the territory of the Bukhara Emirate) were formed.

In 1920, at the Constituent Congress of Transbaikalia in Verkhneudinsk, the Far Eastern Republic was also proclaimed, which became a buffer state between Soviet Russia and Japan.

In 1918-1920. the process of federalization of Soviet Russia continues. At the end of 1918, in accordance with the decree of the Council of People's Commissars of the RSFSR "On the German Colonies of the Volga Region", the Labor Commune of the Volga Germans was formed in the vicinity of Saratov.

At the beginning of 1919, the Bashkir Autonomous Republic was created as part of Russia (at one time, the formation of the Tatar-Bashkir Republic was planned). In 1920, the XNUMXst Congress of Soviets of the Bashkir ASSR took place. At the same time, the autonomy of Tatarstan within the Russian Federation was also secured.

In 1919, at the initiative of the Simferopol Military Revolutionary Committee, in Crimea, on a part of the territory of the former Taurida province, the Crimean SSR was created, which later became an autonomous republic within Soviet Russia.

In 1920, the Kirghiz Autonomous Soviet Socialist Republic was established in the Central Asian territory as part of Russia.

During the Civil War, the Kalmyk, Votskaya (Udmurt), Mari, Chuvash Autonomous Regions, as well as the Karelian Labor Commune, also appeared as part of Soviet Russia.

47. DEVELOPMENT OF THE LAW DURING THE CIVIL WAR

Substantially the system of sources of norms of Soviet law is changing. In 1918, in the RSFSR, references to pre-revolutionary legislation were prohibited during law enforcement.

An important impetus in the development of Soviet law was the adoption of the Constitution of the RSFSR of 1918, the Code of Laws on Civil Status Acts, Marriage, Family and Guardianship Law and the Labor Code.

On development financial law the economic policy of war communism, which prevailed during the Civil War, had an effect. The Bolsheviks, proceeding from their general theoretical principles, by 1920 abolished customs duties and indirect taxes. They solved the problem of the growing state budget deficit by conducting unsecured money emission.

In connection with the desire of the Bolsheviks to move from normal commodity-money relations to non-commodity exchange of products during the Civil War, the sphere of regulation of property relations by the norms of civil law was maximally narrowed. Their place is taken administrative legal norms. The state abandoned comprehensive protection of previously inviolable private property, paying special attention to the socialization of the means of production. The nationalization of industrial and transport enterprises led to the collapse of the law of obligations. Such a fundamental principle of civil law relations as freedom of contract was violated. The housing problem began to be solved with the help of forced relocation to apartments where there was excess living space.

The Constitution of the RSFSR of 1918 and the Labor Code of the RSFSR of 1918 fixed universal labor conscription of Russian citizens, i.e. the right to work has simultaneously become a duty. At the constitutional level, the basic principle of distribution of material wealth was enshrined: “He who does not work, let him not eat.” A ban has been introduced on the unauthorized transfer of employees from one department to another. Labor mobilizations were carried out regularly. Socialist labor discipline was strengthened by the activities of workers' disciplinary comradely courts (since 1919), one of the legal grounds for which was the Decree “On Combating Absenteeism.”

On February 14, 1919, the All-Russian Central Executive Committee adopted a very important Regulations "On socialist land management and measures for the transition to socialist agriculture". Collective farming (collective farm) was proclaimed in such forms as agricultural commune, artel and partnership.

Back in 1918, the All-Russian Central Executive Committee adopted Decree "On Forests". Forests remained under the jurisdiction of local Soviet authorities (local councils). In 1920, the Council of People's Commissars of the RSFSR adopted Decree "On Hunting". The People's Commissariat for Food of the RSFSR was in charge of the protection and hunting of animals.

In 1919, the People's Commissariat of Justice of the RSFSR issued Guiding principles on criminal law of the RSFSR, which put an end to the vacuum of Soviet criminal law that took place at the initial stage of the Civil War (1918-1919).

48. MARRIAGE AND FAMILY LAW ACCORDING TO THE RSFSR CZAGS 1918

On September 16, 1918, the All-Russian Central Executive Committee approved the Code of Laws on Acts of Civil Status, Marriage, Family and Guardianship Law (KZAGS) of the RSFSR. The KZAGS of the RSFSR, following the ideas of the Decree on civil marriage, recognized only civil marriage. At the same time, church marriages concluded before the issuance of this Decree were legalized.

Such obstacles to marriage as the diversity of faith of future spouses (their belonging to different religious denominations), monasticism and status in the priesthood and deaconship, as well as the vow of celibacy were eliminated. The principle of monogamy (monogamy) was extended to the entire territory of Russia, including the national outskirts.

The minimum marriage age was set at 18 for men and 16 for women.

The ban on marriage with in-laws and distant relatives was lifted (for example, marriages between cousins were allowed).

The freedom of marriage was also extended by the fact that marriage did not require the permission of the parents, guardians or trustees of the physicians. Persons who were in the service did not need, as before, to seek the appropriate permission from higher authorities. Unlike a church marriage, a civil marriage could be entered into any number of times (successively, after the termination of the previous one).

The new Soviet law ceased to consider criminal acts such as adultery, incest (incest), etc.

The issue of termination of marriage was decided extremely freely, in the spirit of the Decree on the Dissolution of Marriage.

The change of citizenship of the spouses at the conclusion of marriage, according to the CZAGS, could follow only at the specially expressed desire of the groom (bride) changing (changing) his original citizenship.

Illegitimate children, according to the CZAGS of the RSFSR, were equated to children born in a legal marriage.

The CZAGS of 1918 determined: "The real origin is recognized as the basis of the family." Paternity was established by the relevant local civil registry office, and in case of doubt or dispute, by the relevant people's court. The father identified in this way was given a legal obligation to assist the mother of his child in his maintenance and upbringing.

The CZAGS did not provide for the classical institution of family law - adoption.

49. DEVELOPMENT OF THE STATE APPLIANCE DURING THE NEP. ALL-UNION CONGRESS OF SOVIETS, Central Executive Committee of the USSR

The New Economic Policy (NEP) began to be implemented in 1921 and ended in the second half of the 30s. Activities during the NEP period: replacement of surplus appropriation with tax in kind; permission for private trade and small capitalist enterprises; the assumption of capitalism in the form of concessions, leases of small industrial enterprises and land under the strict control of the state; transfer of state industry to self-financing; the replacement of wages in kind with cash wages, etc. The NEP ensured the rapid restoration of the country's economy destroyed by the Civil War.

The most important thing in the development of the Soviet state apparatus during the years of the NEP was the formation of the Union of Soviet Socialist Republics, and, consequently, the union level of state authorities and administration.

The Congress of Soviets of the USSR (All-Union Congress of Soviets) became the supreme organ of state power in the USSR, expressing the supremacy of the Soviet people.

Naturally, the rest of the multi-stage system of Soviets of different levels was preserved.

The competence of the All-Union Congress of Soviets included all, without exception, issues that, by the Constitution of the USSR, were assigned to the jurisdiction of the USSR. Only the All-Union Congress of Soviets had the right to change the Constitution of the USSR.

In the period between the All-Union Congresses of Soviets, the supreme organ of state power in the USSR was the Central Executive Committee (CEC) of the USSR. Unlike the central executive committees of the Union republics, the Central Executive Committee of the USSR was bicameral. The Union Council of the Central Executive Committee of the USSR was elected by the All-Union Congress of Soviets from representatives of the Union republics in proportion to the population of each of them. The Council of Nationalities of the Central Executive Committee of the USSR included five representatives from each union and autonomous republic and one representative from each autonomous republic within the TSFSR (Armenia, Azerbaijan, Georgia) and the autonomous region. The functions of the abolished People's Commissariat for Nationalities Affairs (Narkomnats) of the RSFSR were transferred to the Council of Nationalities of the Central Executive Committee of the USSR.

Both chambers of the CEC of the USSR were equal in rights, the decision of the CEC of the USSR was made only if both chambers of this body agreed.

The Central Executive Committee of the USSR, in fact, was both the executive and legislative body of state power of the USSR, exercising the powers of the All-Union Congress of Soviets, except for those attributed to the exclusive jurisdiction of the congress (change in the Constitution of the USSR).

The Central Executive Committee of the USSR formed its own Presidium, responsible to the Central Executive Committee of the USSR. It was the highest federal state body in the period between sessions of the Central Executive Committee of the USSR. In this sense, he can be called the collective head of the Soviet state.

The Presidium of the Central Executive Committee of the USSR was formed from the Presidium of the Union Council of the Central Executive Committee of the USSR (7 people), the Presidium of the Council of Nationalities of the Central Executive Committee of the USSR (7 people). Another 7 members of the Presidium of the CEC of the USSR were elected at a joint meeting of both chambers of the CEC of the USSR.

50. DEVELOPMENT OF THE STATE APPARATUS DURING THE NEP. COUNCIL OF PEOPLE'S COMMISSIONERS, LAW ENFORCEMENT BODIES

The Central Executive Committee of the USSR formed the government of the USSR - Council of People's Commissars USSR. Similarly, the All-Russian Central Executive Committee, according to the Constitution of the RSFSR of 1918, formed the Council of People's Commissars of the RSFSR. The Council of People's Commissars of the USSR, like the Council of People's Commissars of the RSFSR, was primarily an executive and administrative body, although it also had certain legislative functions. State. In the USSR, as in the RSFSR, the people's commissariats (people's commissariats) became the bodies of sectoral management. According to the Constitution of the USSR, all people's commissariats were divided into all-union, united (union-republican) and republican.

All-Union people's commissariats functioned only at the union level: in the union republics there were only authorized representatives of these people's commissariats. The All-Union People's Commissariats included the People's Commissariat for Foreign Affairs, the People's Commissariat for Military and Naval Affairs, the People's Commissariat for Foreign Trade, the People's Commissariat for Communications, the People's Commissariat for Posts and Telegraphs.

Units of the united people's commissariats were located both at the union and at the republican levels. At the same time, such a People's Commissariat of the USSR led the corresponding (eponymous) republican people's commissariats. The united people's commissariats included such people's commissariats as the Supreme Council of the National Economy, the people's commissariat for food, the people's commissariat of labor, the people's commissariat of the workers' and peasants' inspection.

In the early years of the NEP, Regulations on local Soviets were adopted, and their activities were intensified in every possible way.

In 1922 in the Soviet republics was recreated Procuracy. The prosecutor of the republic was the People's Commissar of Justice. The prosecutor of the republic appointed provincial prosecutors and district assistants to provincial prosecutors. The prosecutor's office was entrusted with oversight of socialist legality. The system of the military prosecutor's office was developed separately.

The Russian law. Collegiums of defense attorneys were created under the provincial departments of justice, i.e., during the NEP years, lawyers were not independent from the state. authorities.

Was created Supreme Court of the USSR, which, in particular, was entrusted with certain functions of judicial constitutional supervision. Also, the Supreme Court of the USSR resolved judicial disputes between union republics.

The Military Collegium was formed as part of the Supreme Court of the USSR (in fact, the Military Collegium of the Supreme Court of the RSFSR was transferred).

To resolve property disputes between the state. institutions and enterprises in 1922 were established arbitration commissions at regional economic meetings, headed by the Supreme Arbitration Commission under the Council of Labor and Defense.

State Security Bodies at the union level, they were headed by the United State Political Directorate (OGPU) under the Council of People's Commissars of the USSR.

Continued to improve worker-peasant militia system in the People's Commissariat for Internal Affairs.

51. FORMATION OF THE USSR. CONSTITUTION OF THE USSR 1924 Criminal Code of the RSFSR 1922

The first step towards the unification of the Soviet socialist republics was taken in 1919, when their military-political union was created under the leadership of the RSFSR. By 1922, there were already two Soviet federations: the Russian Soviet Federative Socialist Republic and the Transcaucasian Soviet Federative Socialist Republic, as well as two unitary Soviet republics, the Ukrainian Soviet Socialist Republic and the Byelorussian Soviet Socialist Republic. These republics were founded in 1922 by the USSR.

On December 30, 1922, the First Congress of Soviets of the USSR adopted the Declaration and the Treaty on the Formation of the USSR, elected the All-Union Central Executive Committee, the highest body of state power in the USSR in the period between the All-Union Congresses of Soviets. Thus, the constitutional foundations of the USSR were laid, enshrined in the Constitution of the USSR of 1924.

The first Constitution of the USSR was adopted in 1924. II Congress of Soviets of the USSR, it was based on the Declaration and Treaty on the Formation of the USSR, adopted in 1922 by the I Congress of Soviets of the USSR.

The Congress of Soviets of the USSR was declared the supreme body of power in the USSR, elected from the city Soviets (1 deputy from 25 thousand voters) and from the provincial congresses of Soviets (1 deputy from 125 thousand voters), i.e. the elections were not direct, but stepped (deputies lower Soviets elected their representatives to higher ones).

In the period between congresses, the supreme body of power was the Central Executive Committee of the USSR, which consisted of the Union Council, elected by the congress from representatives of the republics in proportion to their population, and the Council of Nationalities, which consisted of representatives of the union and autonomous republics (5 deputies from each) and autonomous regions (1 deputy from each). Between sessions of the Central Executive Committee of the USSR, its Presidium was the highest legislative and executive state body. The Central Executive Committee of the USSR also formed the highest executive and administrative government body - the Council of People's Commissars of the USSR. Under the Central Executive Committee of the USSR, the Supreme Court of the USSR was also created (it was also entrusted with the functions of a constitutional court).

Basis for development Criminal Code of the RSFSR 1922 were the Guiding Principles on the Criminal Law of the RSFSR of 1919.

The decision on the need to prepare a draft Criminal Code of the RSFSR was taken by the Board of the People's Commissariat of Justice of the RSFSR in 1920. In the same year, the draft Code was discussed III The All-Russian Congress of Soviet Justice, provincial departments of justice were acquainted with it. Then fundamental changes were made to the draft Criminal Code at the IV All-Russian Congress of Soviet Justice (January 1922).

In May 1922, after a thorough article-by-article discussion, the Criminal Code of the RSFSR was approved by the All-Russian Central Executive Committee as a whole, after which it was transferred to its Presidium "for final editing." The Criminal Code of the RSFSR of 1922 was soon revised and approved in a new edition in 1926.

52. CIVIL CODE OF RSFSR 1922

The Civil Code of the RSFSR began to be developed after the end of the Civil War, in the summer of 1921. Initially, it was only about the legal regulation of the general part of obligations.

The Civil Code of the RSFSR of 1922 was built on the principles proclaimed by the Declaration of Basic Private Property Rights Recognized by the RSFSR, adopted by the All-Russian Central Executive Committee in May 1922.

In the autumn of 1922, the prepared draft Civil Code of the RSFSR was discussed first at the level of the People's Commissariat of Justice of the RSFSR, then at the Council of People's Commissars of the RSFSR. It was personally approved by Lenin. The code was approved by the decision of the All-Russian Central Executive Committee on October 31, 1922 and entered into force on January 1, 1923.

Law of Obligations. Even during the NEP period, Soviet law did not fully accept the “bourgeois” principle of freedom of contract, although mainly administrative-legal methods of regulating economic activity gave way for a while to contractual relations.

State. enterprises had to in kind (actually) fulfill their obligations to each other, the implementation of this rule was strictly controlled by the bodies (commissions) of the state. arbitration.

Real right. The Civil Code of the RSFSR of 1922 distinguished three types of property: state, cooperative and private. The land, its subsoil, forests, waters, public railways and their rolling stock, aircraft were in the exclusive state. property.

In some cases, private entrepreneurs (including foreign ones) were granted certain rights in exception to the current Russian civil laws, in a concessionary manner.

Private property was allowed only in small industrial enterprises and buildings.

Private entrepreneurs and cooperative organizations had the opportunity to rent state. industrial enterprises.

Inheritance law. The inheritance mass (property that can be passed on by inheritance) was limited to 10 thousand rubles. (this limit was abolished in 1926 at the height of the NEP). A progressive tax on inheritance exceeding 1 thousand rubles was also established. These were obvious restrictions on the freedom of inheritance.

Inheritance by law and by will was allowed. The heirs could be the spouse of the testator, his descendant relatives (children, grandchildren, great-grandchildren...), as well as persons (not only relatives) who were dependent on him during the last year of the testator’s life. All specified heirs were simultaneously called upon to inherit after the deceased testator.

The right to testamentary disposition of property was limited to the circle of heirs by law. The testator could only increase (decrease) the shares of the estate due to them or even deprive one or several such heirs of the share of the inheritance. In 1928, the testator was forbidden to disinherit minors.

The escheated property was unconditionally transferred to the income of the state.

In 1928, wills were allowed in favor of the Soviet state and its individual organs.

53. FAMILY LAW IN THE NEP PERIOD

In 1920, the Board of the People's Commissariat of Justice of the RSFSR decided to develop a new family code, instead of the CZAGS of 1918. By 1924, two Russian people's commissariats developed their draft family code - the People's Commissariat of Justice of the RSFSR and the People's Commissariat of Internal Affairs of the RSFSR. The Council of People's Commissars approved the draft of the NKJ of the RSFSR, which was submitted for discussion to the All-Russian Central Executive Committee. The All-Russian Central Executive Committee adopted the draft of the new family code as a basis. in 1925 it was discussed by the working people, the All-Russian Central Executive Committee approved its slightly revised text on November 19, 1926.

The Family Code (KZoBSO) of the RSFSR of 1926 fixed the so-called de facto marriage, in other words, an unregistered marriage was legally equated with a duly registered by the registry office. This provision was supposed to expand the freedom of the individual. The evidence of actual marriage was the cohabitation of a man and a woman, running a common household, revealing marital relations to third parties in personal correspondence and other documents, joint upbringing of children, etc.

Was introduced institution of common property of spouses, cat. was absent from the Civil Registry Office of the RSFSR in 1918. At the same time, upon termination of a marriage, in addition to the division of the common property of the former spouses, alimony was provided for the needy disabled former spouse for a year after the termination of the marriage, as well as for the unemployed former spouse for six months.

Since any cohabitation has now become considered a legal marriage, the concept of "illegitimate child" has simply disappeared from the legal lexicon. Marriage age for women was raised to 18 years and equaled the same age for men.

The persons registering the marriage were obliged to give a signature that they are mutually aware of the state of health (in relation to venereal, mental, tuberculosis diseases), and also to indicate. in which marriage, registered or unregistered, each of them entered and how many children they had before.

The principle of monogamy (monogamy) was maintained despite numerous protests, primarily from representatives of the Muslim regions of the country.

Back in 1924, a change was made to the CZAGS of 1918, which allowed spouses to remain with their premarital surnames.

Actively, including with the use of criminal repression, the Soviet government fought against tribal remnants in the family sphere. So, on October 16, 1924, the All-Russian Central Executive Committee adopted a resolution "On additions to the Criminal Code of the RSFSR for autonomous republics and regions." Such acts as bride price, forcing a woman to marry, bigamy, polygamy, marriage with a person who has not reached the age of puberty were transferred to the category of crimes.

54. FOREIGN POLICY OF THE SOVIET STATE IN THE PRE-WAR PERIOD IN 1920 - EARLY 1930s

During the 20-30s. The Soviet Union in its foreign policy tried to solve a number of tasks, among which are the following:

1. Breaking the diplomatic and economic blockade of the country. A number of peace treaties with border countries were concluded already in 1920-1921, and after the Genoa Conference of 1922, the gradual establishment of relations between the USSR and Western countries began. Germany was the first to restore diplomatic relations with the USSR. In 1922, an agreement was concluded between these states, which determined the friendly nature of relations between them for the next decade. Both sides were interested in close political, economic and military cooperation - Germany, humiliated by the Treaty of Versailles, and Soviet Russia, which needed scientific and technical assistance. All R. 1920s The USSR established diplomatic relations with England, France, Italy and a number of other leading countries of the world. In 1934, the USSR was admitted to the League of Nations.

2. Search for political and economic partners. Throughout the 20-30s. The only state friendly to the USSR was the Mongolian People's Republic. In addition, Russia provided military assistance to the Spanish Republican government in the civil war and to China in the war with Japan. Depending on specific foreign policy circumstances, the USSR collaborated with Germany in different years. England, France and a number of other states.

3. Promotion of the “world revolution” beyond the USSR. The Soviet state began to carry out this task back in 1919, when the Comintern, an international communist organization, was created in Moscow for these purposes. The events of that time allowed the Bolsheviks to hope for the quick success of the world revolution, since socialist uprisings broke out in various parts of Europe, and the Red Army's attack on Warsaw in 1920 was supposed to establish Soviet power in Poland. The Comintern organized uprisings in Germany and Bulgaria (1923). However, the failures of the military uprisings, as well as the extremely negative international reaction to them, forced the leadership of the USSR to distance itself somewhat from direct participation in revolutionary activities in other countries. Nevertheless, throughout all the years of its existence, the Soviet state continued to control the actions of far-left forces and support them throughout the world. Thus, during the 20s - early 30s. The USSR managed to overcome diplomatic isolation. At the same time, the world's leading states viewed the existence of the USSR as a potential threat to their security. In the foreign policy of the Soviet country, a revolution was made from the idea of world revolution to the concept of building socialism in a capitalist environment and the need in this regard for cooperation with foreign states.

55. FOREIGN POLICY OF THE SOVIET STATE IN 1939-1940

Germany on September 1, 1939 invaded Poland from the west, and the USSR on September 17 from the east. By the end of the month, the redistribution of Poland was completed, and the territories of Western Ukraine and Western Belarus were ceded to the USSR.

If the war with Poland ended for the USSR quickly and with few losses, then the "winter war" with Finland in 1939-1940. revealed the serious shortcomings of the Red Army and showed the inefficiency of its command. Starting on November 29, 1939, it continued until March 12, 1940 and cost the USSR about 75 thousand people killed and more than 200 thousand wounded and frostbite. Despite the fact that the Soviet troops outnumbered the Finnish in the number of divisions, and guns, and aircraft, the USSR could not capture Finland and was forced to sign a peace treaty. According to him, the Karelian Isthmus and a number of other territories went to the Soviet Union, and the distance from Leningrad to the new state. border increased from 32 to 150 km For the attack on Finland, the USSR was expelled from the League of Nations.

The division of spheres of influence between Germany and the USSR in the Baltic took place in 1939-1940. In the autumn of 1939, the Soviet Union brought its troops into the territory of Estonia, Latvia and Lithuania, and in the summer of 1940 actually annexed these states, bringing communist governments to power.

By the summer of 1940, the Soviet Union also occupied part of the territory of Romania. After the presentation of the ultimatum, the USSR sent troops into Bessarabia and Northern Bukovina and regained the territories that until 1918 were part of Russia.

During this time, Germany conducted a number of successful military operations. In the period from September 1939 to December 1940, she managed to capture most of the territories of continental Europe, rapidly defeating Poland, Greece, Yugoslavia, France, and a number of other countries. As a result, Germany became the dominant military power on the continent. Its next obvious step seemed to be a blow to the USSR.

One of the results of Soviet foreign policy was breaking the economic and political blockade of the country through the conclusion of a number of agreements with the leading states of the world. The USSR became a full member of the system of international relations. From August 1939 to June 1941, Germany acted as a de facto ally of the USSR, which concluded with the USSR not only a trade and economic agreement, but also a secret military and political agreement on the division of spheres of influence in Europe. By June 1941, Soviet power had been established in almost the entire territory of the former Russian Empire, and a socio-economic and material and technical basis had been created for waging a nationwide war. The imminent, inevitable start of this war was also obvious - the desire of both the USSR and Germany to extend their development models to all the countries surrounding them inevitably led to a clash of these two forces.

56. DEVELOPMENT OF THE FORM OF STATE UNITY IN 1930-1941

In 1930-1941. there is an increase in the number of union republics within the USSR, their borders and legal status.

In 1936, the Kazakh SSR (the former Kirghiz Autonomous SSR within the RSFSR) was accepted into the USSR.

In 1937, the TSFSR was abolished, the autonomous republics that made up this federation - Armenia, Azerbaijan and Georgia - became part of the USSR on the rights of union republics.

Kyrgyzstan (the former Kara-Kyrgyz Autonomous Region) was also transformed into a union republic.

In 1939, during the "winter" Soviet-Finnish war of 1939-1940, an independent Finnish Democratic Republic was proclaimed in Terijoki (Zelenogorsk), immediately recognized by the Soviet Union. Subsequently, it was merged with the Karelian Autonomous SSR (former part of the RSFSR) and became part of the Soviet Union as the Karelian-Finnish SSR.

In the summer of 1940, after the withdrawal of the Romanian troops from Bessarabia, the Moldavian Autonomous SSR (former part of the Ukrainian SSR) was transformed into the Moldavian SSR.

In the summer of 1940, the Baltic states - Estonia, Latvia and Lithuania - were transformed into Soviet republics. They were immediately accepted into the USSR as union republics.

In the new Soviet republics, new socialist constitutions were adopted in the spirit of the Constitution of the USSR of 1936.

Thus, the number of union republics by 1941 had grown to 16.

After the entry of Soviet troops into the eastern regions of Poland in 1939, significant territories (Western Belorussia and Western Ukraine) were attached to the Byelorussian SSR and the Ukrainian SSR, respectively.

The processes of autonomy continue, primarily in the RSFSR. In particular, national autonomies of small nationalities of the Far North and the Far East are being created. Here, in particular in the 30s. the generic principle of building the bodies of Soviet power was eliminated. In 1930, the Koryak, Chukotka, Taimyr, Evenk, Khanty-Mansi, Yamalo-Nenets national districts were created as part of the regions and territories of the RSFSR (now autonomous districts within the Russian Federation). Some autonomous regions raised their status by transforming into autonomous SSRs (Kara-Kalpakia in Uzbekistan in 1932, Kalmykia in Russia in 1935, Udmurtia and Mordovia in Russia in 1934). New autonomous regions within Russia were created, such as Khakass (with an administrative center in Abakan) and Jewish (with an administrative center in Birobidzhan).

57. PREPARATION AND ADOPTION OF THE CONSTITUTION OF THE USSR IN 1936 CHANGES IN FINANCIAL LAW IN 1930-1941

In 1935, a Constitutional Commission was created to prepare the text of the new Constitution of the USSR: it was headed by the General Secretary of the Central Committee of the All-Union Bolshevik Communist Party (Central Committee of the All-Union Communist Party of Bolsheviks) (since 1922) I.V. Stalin (Dzhugashvili).

The new Constitution of the USSR was adopted in 1936. It was called "Stalinist"

The Constitution of the USSR, adopted in 1936, legally fixed the final refusal of the Soviet Union from the NEP. The economic basis of the USSR was proclaimed public property in the form of state and cooperative-collective farm property.

Instead of the All-Union Congress of Soviets, the bicameral Supreme Soviet of the USSR became the supreme body of state power (its deputies began to be directly elected by the population), and the permanent Presidium of the Supreme Soviet of the USSR became the collective head of state. The government of the USSR (Sovnarkom of the USSR) retained its name and structure.

Soviets at all levels began to be called Soviets of Working People's Deputies, which emphasized the eradication of the class of exploiters in the Soviet Union. For the same reason, all citizens of the USSR received the right to participate in elections, except for those deprived of this right on the basis of a relevant court decision.

The Constitution of the USSR of 1936 took a step towards the formation of a party-command system, it stated that the decisions of the Communist Party were binding on public and state bodies.

The 1936 USSR Constitution introduced changes to the federal structure of the USSRThus, the TSFSR was divided into 3 Soviet socialist republics: Armenian, Azerbaijan and Georgian.

In 1940, the following new Soviet socialist republics were admitted to the USSR: Estonian, Latvian, Lithuanian and Moldavian.

Financial right. In 1930-1931, in the context of the widespread collapse of the NEP, a tax reform was carried out in the USSR. All previous taxes and fees were replaced by two: a turnover tax (for all socialist enterprises) and a deduction from profits (only for state enterprises). Taxes began to be collected into the all-Union budget, and from there redistributed between the Union and Autonomous Republics, as well as local Soviets. This increased the economic centralization of the Soviet Union.

As for the relations between the state and citizens, a conversion of state loans was carried out - the exchange of bonds of all previous loans for one new one. At the same time, the redemption of state loan bonds was somewhat delayed, which saved the state significant funds.

58. GENERAL CHARACTERISTICS OF THE LEGAL SYSTEM IN 1930-1941 CHANGING FAMILY AND CRIMINAL LAW

The legal system of the USSR (and, accordingly, the RSFSR) in 1930-1941. characterized primarily by the growing fusion of party (Bolshevik) and state (Soviet) structures. There is a practice of adopting joint party-state normative acts - resolutions of the Council of People's Commissars of the USSR and the Central Committee of the All-Union Communist Party of Bolsheviks, previously approved (and actually developed) by the Politburo of the Central Committee of the All-Union Communist Party of Bolsheviks.

Centralizing tendencies in the field of law-making are intensifying: normative legal acts (including laws) adopted in the union republics are unified as much as possible, usually on the model of Russian ones.

Soviet law of the period under review is characterized by extreme rigidity, even cruelty (indicative in this sense is the "law on three spikelets" aimed at combating the plunder of socialist property). At the same time, the activities of special law enforcement agencies (the United State Political Administration of the USSR, and later the People's Commissariat of Internal Affairs of the USSR) were blatantly illegal.

Family law. In the 30s The Soviet state came to grips with the problem of increasing the birth rate. For these purposes, in particular, abortions were prohibited, financial assistance to women in labor was increased and the state established. assistance to large families, the network of maternity hospitals, nurseries and kindergartens has been expanded, and criminal penalties for non-payment of alimony have been strengthened.

To prevent divorces, for example, the state budget has been increased. duty for state registration of divorce in the registry office.

Criminal law. Second half of the 30s. XX century was marked by massive Stalinist political repressions that took place with violations of the law. The kulaks were sent to a special settlement (essentially, into exile); reprisals were carried out by such extrajudicial bodies as the judicial board of the United State Political Directorate (OGPU), the notorious “troikas” and the Special Meeting of the People's Commissariat of Internal Affairs (NKVD).

Truly draconian laws were adopted that played a tragic role in the history of Russia.

1. Resolution of the Central Executive Committee of the USSR and the Council of People's Commissars of the USSR of August 7, 1932 “On the protection of the property of state enterprises, collective farms and cooperation and the strengthening of public (socialist) property” (“the law on three ears of corn”, for the slightest theft of “socialist property” one was immediately imprisoned and for a long time).

2. Decree of the Central Executive Committee of the USSR of June 8, 1934 "On supplementing the Regulations on state crimes with articles on treason" (the legal basis for the subsequent fight against "enemies of the people").

3. Decree of the Central Executive Committee of the USSR of December 1, 1934 "On the procedure for conducting cases on the preparation or commission of terrorist acts" (a significant weakening of criminal procedural guarantees of the rights of those accused of committing a number of crimes).

59. RESTRUCTURING OF THE STATE APPLIANCE DURING THE GREAT PATRIOTIC WAR

The constitutional foundations of the Soviet state and law remained unshakable during the Great Patriotic War: the Council of People's Commissars of the USSR, the Supreme Soviet of the USSR (it met in 1942, 1944, 1945), local councils of workers' deputies, and other state bodies continued to function.

On June 22, 1941, the Presidium of the Supreme Soviet of the USSR issued a Decree "On martial law", power in the territories declared under martial law was largely transferred to military authorities.

On June 23, 1941, the Headquarters of the High Command (later the Headquarters of the Supreme High Command) was created - its highest strategic military body was later headed by the General Secretary of the Central Committee of the All-Union Communist Party of Bolsheviks: Chairman of the State Defense Committee I.V. Stalin.

On June 30, 1941, by a joint decision of the Presidium of the Supreme Soviet of the USSR, the Council of People's Commissars of the USSR and the Central Committee of the All-Union Communist Party of Bolsheviks, the State Defense Committee (GKO) was created, headed by the General Secretary of the Central Committee of the All-Union Communist Party of Bolsheviks I.V. Stalin (for the first time he took an official state, and not a party post). The State Defense Committee was the highest emergency state body during wartime.

The Presidium of the Supreme Soviet of the USSR issued a Decree on the general mobilization of citizens in 1905-1918. birth. Detachments of the people's militia began to form, the structure of the Workers 'and Peasants' Red Army was improved.

The industry of the Soviet Union was transferred to the military rails under the leadership of the Council of People's Commissars of the USSR. New people's commissariats were created (in particular, the People's Commissariat of Ammunition of the USSR and the People's Commissariat of the Tank Industry of the USSR), a number of industrial facilities were successfully evacuated from the front line (mainly to the Urals).

During the Great Patriotic War, the importance of the party-command system of the USSR sharply increased, for example, joint resolutions of the Council of People's Commissars of the USSR, the Central Committee of the All-Union Communist Party (Bolsheviks) and the Presidium of the Supreme Soviet of the USSR were widely practiced.

It was during the war years that the formation of the personality cult of I.V. Stalin, General Secretary of the Central Committee of the All-Union Communist Party of Bolsheviks, Chairman of the State Defense Committee and Supreme Commander-in-Chief.

In 1945, after the victorious end of the USSR's war against fascist Germany, militaristic Japan and their allies, the State Defense Committee was disbanded, as was the Headquarters of the Supreme High Command.

60. CHANGING THE FORM OF STATE UNITY DURING THE GREAT PATRIOTIC WAR

The rights of the union republics in the field of defense and foreign policy were expanded (the people's commissariats for defense and foreign affairs became union-republican). Ukraine and Belarus were actually recognized as subjects of international law, as they were one of the founders of the United Nations at a conference in San Francisco (USA, California) in June 1945.

During the Great Patriotic War, a number of autonomous national formations were abolished, primarily within the RSFSR. As early as 1941, the autonomy of the Volga Germans was abolished.

In 1943-1944. the autonomy of the Crimean Tatars, Kalmyks, Chechens, Ingush, Balkars as part of Soviet Russia was abolished, since these nations were accused of complicity with the Nazi invaders. These peoples (primarily the Crimean Tatars, Chechens and Ingush) were deported to the republics of Central Asia and Kazakhstan on the personal instructions of Stalin.

In 1944, by decision of the Small Khural of Tuva, the Tuva People's Republic joined the Soviet Union, it became part of the Russian Federation as an autonomous region.

By decision of the congress of people's committees of the Transcarpathian Ukraine in Mukachevo (1944) and in accordance with the international Soviet-Czechoslovak treaty (1945), Transcarpathia became part of the Ukrainian SSR. According to the Soviet-Polish treaty, an exchange of territories was made between Poland and the USSR:

The Belostok region of Belarus was ceded to Poland, and Ukraine received an area with a center in the city of Vladimir-Volynsky (North-Western Ukraine)

The Lithuanian SSR withdrew from Germany Klaipeda (Memel), annexed by Hitler in 1939. The Soviet Union also included a part of East Prussia with a center in Koenigsberg, later transformed into the Kaliningrad region of Russia. Finland transferred to Soviet Russia Pechenga (Petsamo) at the junction of the borders of the USSR, Finland and Norway.

After the victory over Japan in 1945, South Sakhalin and the Kuril Islands (now the regions of the Sakhalin region of the Russian Federation) were returned to the USSR

These were the last territorial increments of the USSR in the history of the Soviet state and in national history in general.

61. CHANGES IN CIVIL AND FAMILY LAW DURING THE GREAT PATRIOTIC WAR

The Soviet economy, based on the domination of the state. property, turned out to be sufficiently prepared to conduct such a large-scale and protracted war, which was the Great Patriotic War of 1941-1945. The People's Commissariats of the USSR could distribute and redistribute the country's material and labor resources, surplus materials and equipment, and write off the losses of enterprises.

Requisitions of non-state objects were used. property for military purposes (for example, requisition of draft power in the front line, requisition of watercraft at the crossing site).

Naturally, in wartime conditions, the management of the Soviet national economy was maximally centralized.

Wartime legislation in a special manner protected the housing rights of military personnel, members of their families, as well as workers and employees of enterprises evacuated during the Second World War to the eastern and Central Asian regions of the Soviet Union.

Improved Soviet inheritance law, in particular, the circle of heirs under the law expanded, the order of calling heirs was established. The parents, as well as the brothers and sisters of the testator, were recognized as heirs by law. Three lines of heirs were established:

1) children (including adopted children), spouse, disabled parents and other disabled persons who were dependent on the testator;

2) able-bodied parents of the testator;

3) brothers and sisters of the testator. Heirs of a more distant line were called to inherit in the absence of heirs of a closer line. The heirs of one line divided the inheritance among themselves into equal shares.

You can bequeath your property to one or more heirs by law or state. bodies and public organizations (for example, Kom. parties).

Family law. The state was increased. assistance to pregnant, large and single mothers, the protection of motherhood and childhood was strengthened, the honorary title “Mother Heroine” was established and the Order of “Maternal Glory” and “Motherhood Medal” were established. Significant changes were made to the KZoBSO RSFSR 1926.

A marriage that was not properly registered with the registry office lost its legal force. Accordingly, the Soviet legal lexicon was again enriched with the concept of "illegitimate child", as well as "single mother".

The procedure for the dissolution of legal marriages was complicated. The court was obliged to make every effort to reconcile the spouses, but only a higher court had the right to dissolve the marriage. The size of the state was significantly increased. fees levied upon filing a divorce.

Bachelors, single and small-family citizens as early as 1941 were subject to a special tax.

62. CHANGES IN CRIMINAL LAW DURING THE GREAT PATRIOTIC WAR

Criminal law developed during the Great Patriotic War in the direction of strengthening punishments and criminalizing acts that were not previously recognized as crimes. The general preventive nature of punishment was strengthened.

Already on July 6, 1941, the Presidium of the Supreme Soviet of the USSR issued a special Decree, which had the eloquent title "On responsibility for the dissemination of false rumors in wartime that arouse alarm among the population" (without qualifying signs - from 2 to 5 years in prison).

On November 15, 1943, by the Decree of the Presidium of the Supreme Soviet of the USSR, the responsibility for disclosing information constituting a state secret was increased (the penalty was increased to 10 years in prison).

The fight against theft of state and public property became tougher (the infamous "law on three spikelets" of August 7, 1932 received a second life).

Even without qualifying signs, those guilty of violating the rules of local air defense were punished with imprisonment for a term of at least 6 months.

Those guilty of violating the rules for registering and moving military personnel and conscripts were punished with imprisonment for a term of at least 1 year (for persons in command - for a term of at least 2 years). Persons who evaded compulsory training in military affairs were also brought to criminal responsibility.

Criminal liability was established for failure to hand over trophy property within a day's time.

The protection of even the personal property of citizens was strengthened. Thus, the plenum of the Supreme Court of the USSR, in its clarification of January 8, 1942, established that the theft of personal property of citizens committed during an air raid or when leaving a settlement in connection with an enemy offensive, as well as the theft of property of evacuees both on the way and left in the previous place of residence is a qualified theft and, by its nature and increased public danger, falls under the signs of theft committed during a fire, flood or other natural disaster. Accordingly, the punishment for these types of thefts was toughened.

The Presidium of the Supreme Soviet of the USSR, by its Decree of April 19, 1943, determined that fascist invaders who committed atrocities against prisoners of war and civilians are subject to the death penalty by hanging or exile to hard labor for a period of 15 to 20 years.

The courts widely practiced the postponement of the execution of sentences in relation to servicemen and citizens liable for military service, sending them to the active army, so that they "atone for their guilt with blood."

63. FOREIGN POLICY OF THE SOVIET STATE IN 1945 - EARLY 1950s

In the post-war period, the Soviet Union actively participated in all the most important world foreign policy processes, beginning with the Yalta and Potsdam conferences of the leaders of Great Britain, the USA and the USSR.

In 1945, the American-British-Soviet agreement was signed on the prosecution and punishment of major war criminals in Europe and the Charter of the International Military Tribunal was adopted (worked in 1946 in Nuremberg, Germany). In 1946, the USSR also participated in the creation and operation of a similar International Military Tribunal in the Far East to identify and punish the main Japanese war criminals.

The USSR, as well as the Ukrainian SSR and the Byelorussian SSR, at a conference in San Francisco (USA) in 1945, were among the founders of the UN. In December 1946, the UN General Assembly, at the initiative of the USSR, adopted a resolution "On the principles of universal regulation and reduction of armaments." The USSR actively participated in the creation of the UN Atomic Energy Control Commission (IAEA) in late 1945 - early 1946. The USSR in the postwar years took an active part in the work of the UN Security Council, the IAEA, the UN Economic and Social Council, the United Nations Educational Organization, science and culture (UNESCO).

In the early post-war years, the USSR concluded a number of international treaties, both with capitalist and future socialist states, on a number of important, primarily economic, issues of bilateral cooperation. Thus, the USSR concluded comprehensive commercial and industrial treaties with Poland (1945), Mongolia (1946), Romania (1947), Hungary (1947), Bulgaria (1948).

However, relations between the former allies in the anti-Hitler coalition very quickly heated up, which led to the Cold War, which lasted until the 80s. In 1948, the USA, Great Britain, France and their Western allies formed a military-political alliance, which in 1949 was transformed into the North Atlantic Treaty Organization (NATO). The Federal Republic of Germany (FRG) was formed on the territory of the American, British and French zones of occupation in Germany. In response, the USSR and the Eastern European allies created the Warsaw Pact Organization (WTO), and the German Democratic Republic (GDR) was formed in the Soviet zone of occupation in Germany. In 1949, on the initiative of the USSR, the Council for Mutual Economic Assistance (CMEA) was established. The founders of the CMEA were the USSR, Bulgaria, Hungary, Poland, Romania, and Czechoslovakia. Later, Albania (1949) and the GDR (1950) joined the CMEA.

In 1947, it was established that relations between state institutions and officials with institutions and officials of foreign states could only be carried out through the USSR Ministry of Foreign Affairs or the USSR Ministry of Foreign Trade.

64. STATE MECHANISM IN 1945 - EARLY 1950s CIVIL, FAMILY AND FINANCIAL LAW

In 1947, under the Council of Nationalities and the Council of the Union of the Supreme Soviet of the USSR, commissions for legislative proposals were created, endowed, in particular, with the right of legislative initiative.

The importance and role of the Presidium of the Supreme Soviet of the USSR are growing. So, in 1947, the denunciation of international treaties of the USSR, the establishment of honorary titles of the USSR, the assignment of military ranks, diplomatic ranks and other special ranks were assigned to its jurisdiction in XNUMX.

The system of local Soviets was improved. in particular, they created permanent commissions.

Immediately after the end of the war, the State Defense Committee was liquidated, and its functions were transferred to the Council of People's Commissars of the USSR.

In 1946, the Council of People's Commissars of the USSR was transformed into the Council of Ministers of the USSR, and the people's commissariats were transformed into ministries.

In 1946, the Institute of the Prosecutor of the USSR received the name of the Prosecutor General of the USSR.

With the end of the war, the Headquarters of the Supreme High Command ceased to exist. In 1946 the Workers' and Peasants' Red Army was transformed into the Soviet Army.

On April 21, 1949, the Council of Ministers of the USSR adopted a resolution "On the conclusion of economic contracts", it was established that the state economic plan is the basis for concluding a business contract.

On August 26, 1948, the Presidium of the Supreme Soviet of the USSR issued a Decree "On the right of citizens to purchase and build individual residential buildings." It was an important document that was of great importance for solving the housing problems of Soviet citizens.

In 1948, Soviet citizens were forbidden to marry foreigners, which was an anti-democratic step in the development of Stalin's policy of isolationism.

In December 1947, a monetary reform was carried out in the Soviet Union, the main event of which was the denomination of the Soviet ruble. In 1950, the Soviet ruble was converted from dollar to gold parity.

65. CHANGES IN THE STATE APPARATUS IN THE MID 1950s - MID 1960s

In 1957 the Central Committee of the Kom. Party of the Soviet Union adopted a resolution "On improving the activities of the Soviets of Working People's Deputies and strengthening their ties with the masses." It significantly revived the activities of the local Soviets. New Regulations on local (rural and district) Soviets of Working People's Deputies were adopted in the Union republics.

The sectoral principle of industrial management was replaced by a territorial one. Many ministries were abolished. The Soviet Union was divided into 105 economic administrative regions. In each of them, the Council of Ministers of the corresponding union republic created a council of the national economy (sovnarkhoz), which directed industrial enterprises and construction projects.

The krai and oblast soviets of working people's deputies were divided into industrial and rural ones, to which, respectively, industrial and agricultural regions were subordinate.

The reform was clearly unsuccessful, and soon the industrial and construction ministries, as well as the unified regional and regional Soviets of Workers' Deputies, were restored.

The Special Conference under the Ministry of Internal Affairs of the USSR, which had judicial powers, was liquidated.

Due to the allocation of a number of units from the Ministry of Internal Affairs of the USSR, the KGB was established under the Council of Ministers of the USSR.

The regional and regional departments of the Ministry of Internal Affairs and the police were reorganized into unified departments of internal affairs of the executive committees of the regional and regional Soviets of Workers' Deputies. Militia bodies in districts, cities and workers' settlements were transformed into the corresponding departments of the executive committees of district, city and settlement Soviets of Working People's Deputies.

Supervisory commissions were reinstated under the executive committees of the district Soviets of Working People's Deputies (they oversaw the rule of law in the corrective labor institutions of the area).

In Leningrad, for the first time, voluntary people's squads for the protection of public order arose.

The Ministry of Justice of the USSR and the ministries of justice of the union republics were abolished with the transfer of their functions to the Supreme Court of the USSR, the supreme courts of the republics, and regional and regional courts.

The separate system of transport courts was liquidated, the consideration of cases within their jurisdiction was entrusted to the people's courts, regional and regional courts, and the supreme courts of autonomous and union republics.

The Regulations on Prosecutorial Supervision in the USSR were adopted. It was clearly defined that the organs of the USSR prosecutor's office constituted a single centralized system supervising the observance of socialist legality in the country, headed by the Prosecutor General of the USSR.

The supervisory powers of the supreme courts of the Union republics have been expanded at the expense of the supervisory powers of the Supreme Court of the USSR.

The Regulations on military tribunals have been approved. The system of military tribunals, forming a subsystem of military justice, was closed to the system of courts of general jurisdiction through the Military Collegium of the Supreme Court of the USSR.

66. DEVELOPMENT OF LAW IN THE MID 1950s - MID 1960s

The wages of a number of categories of workers were repeatedly raised, and working conditions were significantly improved (especially for underage workers and women). The rights of workers were significantly expanded, in particular, workers and employees received the right to unilaterally terminate the employment contract (dismissal from work at their own request) with a warning to the employer's administration two weeks in advance.

Criminal liability for unauthorized departure from the enterprise, as well as absenteeism, was replaced by disciplinary liability. The system of comrades' courts was developed at the enterprises. Commissions on labor disputes of mixed composition became the primary body that considered labor disputes. The superior body for the commission on labor disputes was the local (factory, plant) committee of the trade union, whose decision, in turn, could be appealed to the appropriate people's court.

The law on state pensions. Old-age pensions were assigned to men - upon reaching the age of 60 with 25 years of service; women - upon reaching the age of 55 with 20 years of experience. The amount of pensions (including old-age and disability pensions) has increased significantly.

The role of trade unions in resolving issues of pension provision for workers and employees has been increased.

The rights of collective farms in planning their economic activities have been expanded. There have been changes in the principles and form of remuneration for collective farmers. Their material interest in the results of their labor was increased. The system of machine and transport stations in the countryside was reorganized.

The Law on Agricultural Tax of 1953 greatly facilitated the taxation of collective farms.

In 1960, the Law "On Nature Protection in the RSFSR" was adopted.

In 1958, the Fundamentals of the Criminal Legislation of the USSR of 1958 were published, replacing the Basic Principles of the Criminal Legislation of the USSR and the Union Republics, which had been in force since 1924.

In criminal law, analogy was expressly prohibited for the first time. The death penalty - execution - was allowed as an exceptional capital punishment. It was used only against traitors to the motherland, spies, saboteurs, terrorists, bandits, the most notorious killers.

The minimum age of criminal capacity was raised from 14 to 16 years.

The institution of parole from places of deprivation of liberty was regulated in detail.

In 1960, the Criminal Code of the RSFSR was adopted, replacing the similar Code of 1926.

The Fundamentals of Criminal Proceedings in the USSR and the Union Republics were adopted. In 1961, the Fundamentals of Civil Procedure of the USSR and the Union Republics were approved. In 1964, the Code of Civil Procedure of the RSFSR was adopted.

67. DEVELOPMENT OF THE FORM OF STATE UNITY IN THE MID 1950s - MID 1960s FOUNDATIONS OF THE CIVIL LEGISLATION OF THE UNION OF THE SSR AND THE UNION REPUBLIC 1961

In 1956, the Karelian-Finnish SSR was liquidated, and the Karelian Autonomous SSR within the Russian Federation was recreated.

The rights of the mountain peoples repressed during the Great Patriotic War were restored. Thus, the Kabardian Autonomous SSR as part of the Russian Federation was transformed into the Kabardino-Balkarian Autonomous SSR as part of the Russian Federation. The Cherkess Autonomous Region within the Russian Federation was transformed into the Karachay-Cherkess Autonomous Region within the Russian Federation. The Chechen-Ingush Autonomous SSR was restored as part of the Russian Federation. The Kalmyk Autonomous Region was restored as part of the Russian Federation, which in 1958 was transformed into the Kalmyk Autonomous SSR within the Russian Federation.

Under Khrushchev (from 1953 to 1964) the rights of the union republics were expanded. So, in 1957, they were again given the right to decide questions about the judiciary, to adopt their own codes, in accordance with the Basic Legislation of the USSR (in the relevant branch of law), approved by the Supreme Soviet of the USSR.

The jurisdiction of the union republics was transferred to the solution of issues of administrative-territorial structure.

The budgetary rights of the union republics were expanded. Under the Council of Nationalities of the Supreme Soviet of the USSR, a special Economic Commission was created, which prepared conclusions on the conformity of the national economic plans submitted for approval by the Supreme Soviet of the USSR with the tasks of the economic development of the Union republics.

The fundamentals of the civil legislation of the USSR and the union republics were approved by the Supreme Soviet of the USSR on December 8, 1961.

The foundations fixed the state, cooperative-collective-farm forms of ownership, as well as the property of trade unions and other public organizations. The owner of the entire state. property proclaimed the Soviet state.

The contractual system was perceived as a tool for the implementation of national economic plans in the Soviet Union, ensuring the responsibility of enterprises and organizations for the assortment, quality and completeness of products, and the timeliness of their delivery.

It was established that the state also protects the personal property of citizens, that is, property based on the labor of citizens and intended to satisfy their urgent material and cultural needs. The personal property of citizens was forbidden to be used to extract unearned income.

On the whole, the Fundamentals emphasized the immutability and uniqueness of the socialist system of economic management in the USSR.

In 1964, on the basis of the Fundamentals, the civil codes of the Union republics were adopted, including the Civil Code of the RSFSR.

68. STATE MECHANISM IN THE MID-1960s.

In the Soviet Union, the merging of the party and state systems continues, up to the substitution of state bodies (for example, local Soviets of Working People's Deputies) with party ones (for example, local party committees). Attempts to resist this process (for example, the resolution of the Central Committee of the CPSU "On measures to further improve the work of district and city Soviets of working people's deputies" in 1971) were unsuccessful.

This situation was clearly manifested in the fact that L.I. Brezhnev for a long time combined the positions of Chairman of the Presidium of the Supreme Soviet of the USSR (the highest state position) and General Secretary of the Central Committee of the CPSU (the highest party position).

In 1964, separated under N.S. Khrushchev, the industrial and agricultural regional and regional Soviets of Deputies of the Working People of Russia were again united.

Councils at all levels are overgrown with various additional bodies - all kinds of commissions, committees. (For example, the permanent commissions of the chambers of the Supreme Soviet of the USSR, based on the Regulations on the permanent commissions of the Council of the Union and the Council of Nationalities of the Supreme Soviet of the USSR of 1967. These permanent commissions used the technical apparatus of the Presidium of the Supreme Soviet of the USSR in their work.) Similar permanent commissions appeared under the Supreme Soviet of the RSFSR in 1968

The term of office of the Soviets at all levels was extended: the Supreme Soviet of the USSR from 4 to 5 years; local councils from 2 to 2,5 years. The age limit for gaining passive suffrage in the elections of deputies to Soviets at all levels has been reduced.

In 1966, the norms for the representation of the union republics in the Council of Nationalities of the Supreme Soviet of the USSR were changed: they began to send 32 deputies to this chamber of the highest body of state power of the Soviet Union.

69. STATE MECHANISM IN THE LATE 1960s - MID 1980s.

After coming to power L.I. Brezhnev (from 1964 to 1982), there was a reverse transition from the territorial to the sectoral principle of managing the national economy. The economic councils and their associations were again replaced by ministries, state committees and other similar all-union departments.

The number of ministries increased rapidly. In 1967, the all-Union Ministry of Medical Industry of the USSR was formed: in 1972, such a highly specialized department as the Ministry of Forestry, Pulp and Paper and Woodworking Industry of the USSR was divided into two more ministries. Numerous transformations of industry management departments were carried out: for example, in 1972, the Committee on Cinematography under the Council of Ministers of the USSR was transformed into the Union-Republican State Committee of the Council of Ministers of the USSR on Cinematography.

In 1978, there were 80 ministries and state committees in the Soviet Union (the state committee is a specialized branch management agency subordinate to the Council of Ministers of the USSR).

The economic reform of 1965 (the so-called Kosygin reform) led to a certain expansion of the rights of independent management of individual industrial enterprises.

In 1966, the union-republican Ministry of Public Order of the USSR was recreated, later renamed the Ministry of Internal Affairs of the USSR.

The principle of dual subordination of the militia (both through the Ministry of Internal Affairs and local Soviets) was enshrined in the Decree of the Presidium of the Supreme Soviet of the USSR of June 8, 1973 "On the main duties and rights of the Soviet militia in protecting public order and combating crime." The existence of voluntary people's squads continued, acting on the basis of the Decree of the Presidium of the Supreme Soviet of the USSR of May 20, 1974 "On the main duties and rights of voluntary people's squads for the protection of public order." Voluntary people's squads provided serious assistance to the police (for example, in the fight against poachers).

The main Soviet special service, the State Security Committee (KGB) of the USSR, continued to be active.

In 1965, a unified centralized system of state bodies of people's control of the USSR was created, headed by the Committee of People's Control of the USSR.

In order to involve employees of industrial enterprises in the management of the national economy, in 1983 the USSR Law "On labor collectives and increasing their role in the management of enterprises, institutions, organizations" was adopted.

70. CONSTITUTION OF THE USSR 1977

The decision on the need to develop and adopt a new Constitution of the USSR was taken by the XXII Congress of the CPSU (1961), cat. headed for the complete victory of socialism. It was announced that the Soviet state had indeed become nationwide.

To develop a draft of the new Constitution of the USSR, a Constitutional Commission was created under the chairmanship of the First Secretary of the Central Committee of the CPSU Khrushchev. However, under him, this work could not be completed, and the new General Secretary of the Central Committee of the CPSU, and later the Chairman of the Presidium of the Supreme Soviet of the USSR, Brezhnev, headed the Constitutional Commission.

The new Constitution was adopted in 1977, on its basis new Constitutions of the union Soviet socialist republics were adopted, including the Constitution of the RSFSR of 1978, which was in force in Russia (with numerous amendments and additions) until the end of 1993.

The 1977 Constitution stated the building of a "developed socialist society" and the creation of a "state of the whole people." The goal of development was the construction of a "classless communist society" based on public self-government. Socialist ownership of the means of production was recognized as the basis of the economic system, and the Soviets of People's Deputies were recognized as the basis of the political system.

The "leading and guiding role" of the Communist Party of the Soviet Union was consolidated.

New forms of "direct democracy" have been established: popular discussion and referendum; new civil rights - to appeal against the actions of officials, to court. protection from encroachment on honor and dignity, criticism of the actions of the state. and public organizations, etc. For the first time, the rights to health protection, housing, the use of cultural achievements, and freedom of creativity were enshrined at the constitutional level. The Constitution emphasized the importance of the individual, declaring respect for and protection of his rights and freedoms.

The constitution asserted for each union republic the right to freely secede from the USSR. The USSR was defined as "a single allied multinational state", which indicated the desire to strengthen the federal centralist principles in the Soviet state-legal life.

The supreme body of the state power was the Supreme Soviet of the USSR, in fact, power was concentrated in its permanent Presidium, whose chairman was de jure the head of the Soviet state. Government functions were carried out by the Council of Ministers of the USSR, the councils of ministers of the Union republics were subordinate to it.

A court was built. system: people's (district) court - regional (territorial) court, the court of an autonomous republic - the supreme court of the union republic - the Supreme Court of the USSR in Moscow. The system of the Soviet prosecutor's office was built in a similar way. The USSR Constitution of 1977 also fixed the system of state bodies. arbitration (prototype of arbitration courts).

71. DEVELOPMENT OF LAW IN THE MID 1960s - MID 1980s ADMINISTRATIVE, HOUSING AND FAMILY LAW

The development of law in the mid-1960s - mid-1980s characterized by large-scale codification work, primarily at the all-Union level.

All-Union codes were created (for example, the Air Code), Fundamentals of Legislation of the USSR and Union Republics, some of which were then developed in republican codes (for example, Fundamentals of Civil Legislation of the USSR and Union Republics). The crowning achievement of this codification was the work on the Code of Laws of the USSR. It was proposed to include in this edition the Constitution of the USSR of 1977, all-union legislative acts, as well as joint resolutions of the Central Committee of the CPSU and the Council of Ministers of the USSR, which are of a normative nature. An indication of the need for the speedy development of the Code of Laws of the USSR was contained in a joint resolution of the Central Committee of the CPSU, the Presidium of the Supreme Soviet of the USSR and the Council of Ministers of the USSR dated March 23, 1978 No.

In 1980-1981 After the adoption of the Decree of the Supreme Council of the USSR "On the implementation of the Fundamentals of Legislation of the USSR and Union Republics on Administrative Offences" and the Decree of the Presidium of the Supreme Soviet of the USSR "On the procedure for the implementation of the Fundamentals of Legislation of the USSR and Union Republics on Administrative Offences", codified administrative legislation appeared in Russia for the first time . In 1984, in accordance with the Fundamentals of the legislation of the USSR and union republics on administrative offenses, the Code of Administrative Offenses of the RSFSR was adopted.

The reflection of the economic reform of the Soviet national economy in the legal sphere was, in particular, the joint resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of October 4, 1965 "On improving planning and strengthening economic incentives for industrial production" and the resolution of the Council of Ministers of the USSR of October 27, 1967 "On the Liability of Enterprises and Organizations for Failure to Fulfill Tasks and Obligations".

In 1981, after the Supreme Soviet of the USSR adopted the Fundamentals of Housing Legislation of the USSR and Union Republics, codified housing legislation appeared in Russia for the first time. In 1983, in accordance with the Fundamentals of housing legislation of the USSR and union republics, the Housing Code of the RSFSR was adopted.

In 1968, the Fundamentals of the Legislation of the USSR and Union Republics on the Family and Marriage were approved. In 1969, the RSFSR Code on Family and Marriage was adopted.

As before, only a marriage duly registered with the registry office was recognized as legal. The possibility of marriages between Soviet citizens and foreigners was confirmed.

The procedure for divorce was significantly simplified (compared to the Decree of 1944). So, if the divorcing spouses did not have children and claims to each other, the marriage was terminated not in court, but in the appropriate civil registry office.

72. DEVELOPMENT OF LAW IN THE MID 1960s - MID 1980s LABOR, LAND AND ENVIRONMENTAL LAW

The development of law in the mid-1960s - mid-1980s characterized by large-scale codification work, primarily at the all-Union level.

In 1970, the Fundamentals of Labor Legislation of the USSR and Union Republics came into effect. In 1971, in accordance with the Fundamentals of Labor Legislation of the USSR and Union Republics, the Labor Code of the RSFSR was adopted. The Regulations on the Procedure for Considering Labor Disputes were approved. In 1980, old-age pension supplements were significantly increased.

In 1968, the Fundamentals of Land Legislation of the USSR and Union Republics were approved. In 1970, in accordance with the Fundamentals of the Land Legislation of the USSR and the Union Republics, the Land Code of the RSFSR was adopted. The main tasks of Soviet land legislation, the Fundamentals of Land Legislation of the USSR and the Union Republics, proclaimed the regulation of land relations for the rational use of land, the creation of conditions for increasing their efficiency, as well as the protection of the rights of socialist organizations and citizens, and the strengthening of legality in the field of land relations. The very possibility of private ownership of land was consistently excluded.

In 1970, the Fundamentals of Water Legislation of the USSR and Union Republics were adopted. The Water Code of the RSFSR was adopted. The main tasks of the Soviet water legislation were proclaimed the regulation of water relations in order to ensure the rational use of water for the needs of the population and the national economy, the protection of water from pollution, salinization and depletion, the improvement of the condition of water bodies, as well as the protection of the rights of enterprises, organizations, institutions and individual citizens. were declared public property.

In 1975, the Fundamentals of the legislation of the USSR and the union republics on mineral resources were adopted. The Subsoil Code of the RSFSR was adopted. The main tasks of the Soviet legislation on subsoil proclaimed the regulation of mining relations in order to ensure the rational, integrated use of subsoil, protection of subsoil, ensuring the safety of work when using subsoil, as well as ensuring the protection of the rights of enterprises, organizations, institutions and individuals. At the same time, the subsoil was declared to be the property of the whole people.

In 1977, the Fundamentals of Forest Legislation of the USSR and Union Republics were approved. The Forest Code of the RSFSR was adopted. Forests, as before, were declared public property.

In 1980, environmental all-Union laws were adopted: the USSR Law on the Protection of Atmospheric Air, the USSR Law on the Protection and Use of the Wildlife.

73. DEVELOPMENT OF LAW IN THE MID 1960s - MID 1980s AGRICULTURAL, CRIMINAL, CORRECTIONAL LABOR LAW

The development of law in the mid-1960s - mid-1980s characterized by large-scale codification work, primarily at the all-Union level.

On the basis of the intensively developing collective farm law, such a branch of Soviet law as agricultural law was formed.

In November 1969, the XNUMXst All-Union Congress of Collective Farmers adopted the Model Charter of a Collective Farm (kolkhoz), which amended the previously existing Model Charter of an Agricultural Artel, which significantly expanded the rights of the main agricultural producer in the Soviet Union - the collective farm.

For Soviet criminal law in the mid-1960s - 1980s. there is a tendency to mitigate criminal liability for minor criminal acts. A number of acts were decriminalized (no longer recognized as crimes), including illegal felling of forests on a small scale, violation of trade rules, etc.

Such an institution of criminal law as a conditional conviction, parole from places of deprivation of liberty began to be applied more widely. The trend of the general humanization of Soviet criminal law was reflected in the Decree of the Presidium of the Supreme Soviet of the USSR "On the further improvement of criminal and correctional labor legislation"

At the same time, the fight against the most dangerous crimes in modern conditions has been intensified. This was, in particular, reflected in the Decree of the Presidium of the Supreme Soviet of the USSR of March 4, 1965 "On the punishment of persons guilty of crimes against peace and humanity, and war crimes, regardless of the time the crimes were committed"

In 1973, the most severe penalties (up to the death penalty) were established for hijacking an aircraft (aircraft).

In 1974, the Presidium of the Supreme Soviet of the USSR adopted a Decree "On strengthening the fight against drug addiction."

For the first time, domestic corrective labor legislation was codified. In 1969, the Fundamentals of the Correctional Labor Legislation of the USSR and the Union Republics were approved, in accordance with them, in 1970, the Correctional Labor Code of the RSFSR was adopted, which entered into force on June 1, 1971.

Soviet criminal procedure law received further development, primarily in the direction of approaching international democratic standards (the rights of defense lawyers were adjusted in the direction of their increase).

74. BREAKDOWN OF THE POLITICAL SYSTEM IN THE MID-1980s - MID-1990s.

In 1985, M.S. became the General Secretary of the Central Committee of the CPSU. Gorbachev, who proclaimed a course for perestroika, the goals of which were proclaimed to be the strengthening of the democratic foundations of Soviet society and the state and the development of market relations based on private entrepreneurship.

In 1988, the Congress of People's Deputies of the USSR was established as the supreme body of state power of the USSR, and the Supreme Soviet of the USSR was appointed as a permanent state body in the periods between congresses of people's deputies of the USSR. The Supreme Soviet of the USSR began to be elected by the Congress of People's Deputies of the USSR from among the People's Deputies of the USSR.

In 1990, the post of President of the USSR was established, and the Congress of People's Deputies of the USSR was liquidated. The USSR became a presidential republic (the first President of the USSR was M.S. Gorbachev, he was elected as an exception by the Supreme Soviet of the USSR, although in accordance with the new version of the Constitution of the USSR, the President of the USSR was to be elected by all Soviet citizens).

The famous Art. 6 on the leading role of the CPSU.

During this period, the situation in the country was heating up, the Union republics demanded the strengthening of their sovereign rights, the conclusion of a new Union Treaty. In March 1991, Soviet citizens voted in a referendum for the preservation of the USSR, but this decision turned out to be violated by the subsequent course of events. In August 1991, the party elite tried to turn the tide by creating the State Committee for the State of Emergency (GKChP) and removing the President of the USSR M.S. Gorbachev, but this attempt failed due to the active position of the Russian leadership, headed by the President of the RSFSR B.N. Yeltsin (was elected by the Russians on June 12, 1991). after which the collapse of the USSR became an irreversible process. The activity of the Communist Party of the Soviet Union was banned.

In the autumn of 1991, Estonia, Latvia and Lithuania were proclaimed independent states, they were recognized by the USSR.

In December 1991, President of Russia B. Yeltsin, President of Ukraine L. Kravchuk and Chairman of the Supreme Council of Belarus S. Shushkevich in Belovezhskaya Pushcha decided to withdraw their republics from the USSR, to end the existence of the USSR and establish the Commonwealth of Independent States (CIS). The impotence of the allied leadership was demonstrated: M.S. Gorbachev was not even invited to Belovezhskaya Pushcha. The decision taken in Belovezhskaya Pushcha was confirmed at a meeting of the leaders of the union republics in Alma-Ata. At the end of December 1991, President of the USSR M.S. Gorbachev was forced to resign, the USSR finally ceased to exist.

75. MAIN DIRECTIONS OF DEVELOPMENT OF LAW IN THE MIDDLE 1980s - EARLY 1990s.

In the field of civil law, the period starting from 1985 is characterized by the gradual admission and then widespread expansion of market relations.

In 1986, the Law of the USSR "On individual labor activity" was adopted, cat. allowed, in particular, the creation of family handicraft workshops. The Law of the USSR "On the state enterprise (association)" was adopted, which established that the state. an enterprise (association) must carry out its activities on the principles of full cost accounting and self-financing. The Law of the USSR "On Cooperation in the USSR" became truly revolutionary. Since that time, the mass distribution of cooperatives in the Soviet Union began.

Important for the formation of lease relations were the decree of the Presidium of the Supreme Soviet of the USSR "On lease and lease relations of the USSR", the Fundamentals of the legislation of the USSR and the Union republics on lease, approved by the Supreme Soviet of the USSR.

The laws of the USSR "On Property in the USSR" and "On Enterprises in the USSR" were of great importance for the legal regulation of the changes that had taken place in the economic sphere. It was established that in the Soviet Union there could be property of Soviet citizens, collective and state property of foreign states, international organizations, foreign legal entities and citizens (foreigners); mixed forms of ownership were allowed. Eaten were installed. types of Soviet enterprises: individual and family, collective enterprises based on the property of Soviet citizens, state (union and republican) enterprises, etc.

The Law of the USSR "On the procedure for resolving collective labor disputes (conflicts)" was adopted. It was established that the interests of the labor collective are represented by the body authorized by it - the trade union committee (council of the labor collective). Disputes arising between employees (a body authorized by them) and the employer's administration were ordered to be considered in a conciliation commission and labor arbitration. In case of failure to reach an agreement with the administration, the right of workers to strike was secured.

The processes of liberalization in Soviet society were also reflected in the criminal law sphere. In particular, from the list of state. crimes are excluded sabotage; especially dangerous states. crimes committed against another working state; violation of the rules on foreign exchange transactions. Such economic criminal structures as speculation, entrepreneurial activity and commercial mediation cease to operate. The spread of deliberately false fabrications discrediting the Soviet state and social system is excluded from crimes against the order of government. In a completely different edition, the criminal law composition on anti-Soviet agitation and propaganda is set out.

76. MAIN DIRECTIONS OF DEVELOPMENT OF LAW IN THE EARLY 1990s.

At the end of 1990, the process of sovereignization of the Russian Federation began (on the basis of the Declaration of June 12, 1990). So. in accordance with the Law of the RSFSR "On Ensuring the Economic Basis for the Sovereignty of the RSFSR" dated December 31, 1990, until the adoption of its own laws on property, privatization and until the conclusion of a new Union Treaty, any acts of state authorities and administration of the USSR related to seizure of material, financial, currency and monetary values. In fact, all-Union legislation ceased to operate on the territory of Russia in the autumn of 1991.

On November 1, 1991, by a resolution of the Congress of People's Deputies of the RSFSR, President of the RSFSR B.N. Yeltsin was granted emergency powers related to the implementation of economic reform. In particular, he was granted the right to issue decrees on issues of banking, exchange, monetary and financial, foreign economic, investment, customs activities, budget, pricing, taxation, property, land reform, employment of the population, competence, the procedure for the formation and activities of executive bodies, even those located in contradictions with the current legislation of the RSFSR.

The Law of the RSFSR "On Citizenship of the RSFSR" was adopted. For the first time in Russian history, the existence of dual citizenship for Russian citizens was allowed.

The Law of the RSFSR "On Property in the RSFSR" was adopted. It was established that, along with state and municipal property, as well as the property of public associations, private property is recognized and protected by the state in Russia. Such a basis for acquiring property rights as acquisitive prescription was introduced. In 1991, the RSFSR Law "On Enterprises and Entrepreneurial Activity" was also adopted.

Laws of the RSFSR "On the privatization of state and municipal enterprises in the RSFSR" and "On the privatization of the housing stock" were adopted

In order to seize the initiative in the "war of laws" that had begun between the union center and the republics (in particular, the RSFSR), the Supreme Soviet of the USSR in 1991 approved the Fundamentals of Civil Legislation of the USSR and the union republics, it was assumed that they would come into force on January 1, 1992. However, By that time, the Soviet Union had ceased to exist, which did not prevent the Russian legislator from authorizing the introduction on the territory of the Russian Federation of the provisions of the Fundamentals of Civil Legislation of the USSR and the Union Republics of 1991 from August 3, 1992.

In 1991, the Law "On Employment in the RSFSR" was adopted, which determined the status of the unemployed, as well as the procedure for paying state. social unemployment benefits. In 1992, the Law of the Russian Federation on collective agreements and agreements was adopted (in 1995, a special Federal Law “On the procedure for resolving collective disputes” was adopted on this topic).

77. MAIN DIRECTIONS OF DEVELOPMENT OF LAW IN THE MID-1990s.

In the mid 90s. stable civil legislation is being formed in Russia: the first two parts of the Civil Code of the Russian Federation are adopted, which replaced the Civil Code of the RSFSR of 1964 and the Fundamentals of Civil Legislation of the USSR and the Union Republics of 1991, federal laws on charitable activities and charitable organizations, on non-profit organizations, on joint-stock companies, limited liability companies, etc.

In December 1995, the Family Code of the Russian Federation was adopted, with the introduction of which the Code on Marriage and Family of the RSFSR of 1969 basically lost its force. guardianship and guardianship, and upon reaching the age of 14 - to the court) The Family Code of the Russian Federation defined such forms of raising children left without parental care as adoption; guardianship and guardianship; transfer to a foster family; education in institutions of all types for orphans or children left without parental care. A judicial procedure for the adoption of children was introduced, the law began to protect the secrecy of adoption.

In 1994, on the basis of the relevant Federal Law of the Russian Federation, everyone received the right to the necessary defense, regardless of the ability to avoid a criminal attack or seek help from other persons or authorities. This was due to the aggravation of the crime situation in Russia after gaining state independence.

A sharp increase in crime forced the President of the Russian Federation B.N. Yeltsin even to adopt the Decree of June 14, 1994, unprecedented for the Russian criminal procedure law, "On urgent measures to protect the population from banditry and other manifestations of organized crime", according to which detention could be applied to suspects for these crimes for a period of up to 30 days. A little later, this presidential decree was canceled.

In 1996, a new Criminal Code of the Russian Federation was adopted. Such punishment as life imprisonment was introduced.

In 1991, in accordance with the Law of the RSFSR "On the Court of Arbitration", the state arbitration in Russia was transformed into a system of arbitration courts. This law was replaced in 1995 by the Federal Law "On Arbitration Courts in the Russian Federation". This law revived the procedure for appellate proceedings, which was already canceled by the Decree on Court No. 1 in November 1917.

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