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Contents

Introduction

Chapter 1

1.1 Portrait of Peter I

1.2 Biography Peter 1

1.3 The role of Peter I in Russia's history

Chapter 2

2.1 Rise to power

2.2 What was the basis Peter I in his direction?

2.3. Peter's reforms and a special way of Russia

Chapter 3 The reforms of Peter 1

3.1 Forms of legal acts

3.2 Government reform

3.3 Establishment of Police

3.4 Judicial Reform

3.5 Legal status of estates

Chapter 4 Right under Peter I

4.1 Systematics of legal norms and the first attempts tion and codification

4.2 Civil Law

4.3 Marriage and family relations

4.4 Administrative and police law

4.5 Criminal Law

4.6 Types of offenses

4.7 Penalties

4.8 Litigation Russia from ancient times to reforms of Peter the Great

4.9 Litigation in the era Peter I

Conclusion

List of references

"Peter I - while Robespierre

Napoleon on the throne (Embodiment of the revolution)."

Pushkin. About Gentilhomme.

Introduction

Changes in all sectors and spheres of socio-economic and political life of the country, which gradually accumulated and brewing in the XVII century, grew into the first quarter of XVIII century in a qualitative leap. Moscow Russia turned into the Russian Empire. Its economy, the level and form of the development of productive forces, the political system, structure and functions of government, management and trial, in organization of the army, class, social class structure of the population, in the country's culture and life of the people has undergone tremendous changes. Radically changed the role and place of Russia in international relations at that time.

A huge role in Russian history played Tsar Peter I.

Person of Peter and his epoch excited imagination of writers, artists, composers of many generations. From the University to the present topic of Peter has been in the literature. It is referred to Pushkin, Nekrasov, Tolstoy, Block, etc.

The truth should be noted that not all historians assessed and evaluated Peter I the same. Some admiring them overshadow its flaws and failures, while others tend to present in the first place all his vices accuse Peter n e correct choice and criminal acts.

Considering the life and work of Peter, we must not forget what he did to have loviyah with internal and external struggle: foreign-permanent military actions VNU t-nal is the opposition. Discontented nobility was in opposition cr gi, and later they were joined by Prince Alexei. Contemporaries Peter was difficult to understand him: the king carpenter king - smith king - the soldier, who wanted to get into all the little things perpetrated case before it. The image of "God's anointed" - king-father, prevailed in a h naniyah people constantly came into conflict with the actual figure of the new king.

Not surprisingly, many did not understand Peter, his way of thinking, his ideas, conceived with the fifth lived in a different political space.

Of course, after the departure of Peter's Russian life movement forward, with all the zigzags and temporary derogations, continued. And in an important role, the role of the accelerator, played a powerful impetus given to this movement in the era of the first Russian emperor acts himself, associates king carpenter and, of course, millions of ordinary working people of Russia.

The purpose of this thesis - to examine in detail the legal reforms of Peter I, background, characteristics and role in the history of Russia.

In this paper, widely covered Peter's life, his manners, habits, character, which helps make a lot of conclusions and to understand some of his actions. Character Peter was very difficult, besides Peter was very multilateral, extraordinary personality, so to describe it in two words is impossible. But to understand his character and thinking much easier to understand it as a whole, to understand the motives of many, even at first glance inexplicable his actions. And such incomprehensible actions Peter had enough. That is why most of this thesis is devoted to the personality of Peter I, his life, the process of coming to power.

This thesis is divided into chapters, each of which fully reveals Toot or Noah question on the topic.

In my work, I fully consider not only the civil, family and other branches of law under Peter I, but also give enough attention refrmam concerning legal status classes, police agencies, as well as many other issues that are somehow related to the topic.

Generally, it should be noted that the reforms of Peter I turned Russia, contributed to her fate lot, put it on a new path. Right after Peter's reforms changed much, much better.

Most of the work is devoted to litigation. I consider it not only at Peter, but before it. This is in my opinion the most interesting part of his reforms (in part I for the reason to give the matter much attention).

This work contains a lot of my personal opinions and inputs, as I have analyzed a lot of literature, as well as opinions of different authors, and do not agree with everybody.

At the end of the work, in conclusion, I am getting the results of work carried out, draw conclusions, express an opinion.

Chapter 1

peter reforms history russia

1.1 Portrait of Peter I

On the scale of interest and the ability to see a major problem in the Peter I find hard to equal in Russian history. Woven of contradictions, the emperor was a match for his enormous power, which he deduced like a giant ship of the safe harbor in the world's oceans, pushing the mud and stumps and chopping off growths on the board.

Peter the Great on his spiritual temperament was one of those ordinary people, which is enough to look in order to understand them.

Peter was a giant, nearly three yards tall, the whole head taller than any of the crowd, of which he had ever stand.

By nature he was a mighty man; constant appeal with an ax and a hammer to further develop his muscular strength and dexterity. He could not just roll into a tube silver plate, but with a knife and cut a piece of cloth on the fly.

Peter had been grown in the mother especially was like one of her brothers, Theodore. He was the fourteenth child of Tsar Alexei and multifamily first child by his second marriage - with Natalia Naryshkina. Do Naryshkins, liveliness and briskness nerves were thought Heirloom. Subsequently went out from among them a number of wits, and one successfully played the role of jester, joker in the cabin Catherine second. Already very early in the twentieth year, he began to shake his head and on his handsome face in moments of reflection or strong domestic unrest appeared disgrace his seizures. All this together with a mole on his right cheek and a habit to go waving his arms widely made him a prominent figure throughout.

His gait is common, especially when the size of his understandable step was such that the satellite hardly keep up with him. He was difficult to sit still for a long time: the duration of the feasts he often jumped up from his chair and ran into the other room to stretch their legs. This mobility has made it big in the early years hunter to dance.

If Peter did not sleep, did not go without feasting or not inspect anything, he certainly something built. His hands were always at work, and with them went the corn. For manual work he undertook at least presents to the case. In his youth, when he still did not know a lot, looking at the factory or plant, he constantly grasping for the observed case. He was difficult to remain a mere spectator someone else's work, especially for a new one. All he wanted to work for himself. With the years he has gained a tremendous mass of technical knowledge. Already in his first overseas trip German princess from a conversation with him brought the conclusion that he knew perfectly to 14 crafts.

Good for nature as a man, Peter was rude as the king who was not accustomed to respect human nor myself or others; environment in which he grew up, and could not raise it in this respect. Natural intelligence, summer, acquired the position covered then this loophole youth, but sometimes it shone through in recent years. Darling Aleksashka Menshikov [1] in his youth more than once experienced on his face force of Peter's fist. Until the end he could not understand the historical logic nor the physiology of people's life. All its activities are directed transformative idea of omnipotence imperious necessity and coercion, and he hoped to impose on the people by force alone missing him good and, therefore, believed in the possibility displace national life with its historic bed and drive them into the new bank. Because Rada of the people, he strained to the extreme his work, spending money and human life bezraschetno without any thrift.

Peter was an honest and sincere person, rigorous and exacting to itself, fair and friendly to others, but in the direction of his career, he is more accustomed to deal with things with work tools than with people, and therefore people are treated as with work tools, was able to use them quickly guessed who pass on that, but could not and did not like to go in their position to protect their power, no different moral responsiveness of his father. Peter knew people, but could not or would not always understand them. These features of his character sadly affected his family relationships. Great scholar and organizer of the state, Peter knew little one corner of his own house, his family, where he had been a guest. He did not get along with his first wife, had reason to complain about the second and did not get along with his son, did not save him from hostile influences that led to the death of the prince and endangered the very existence of the dynasty.

So he went out, unlike their predecessors. Peter was a great host, just to better understand the economic interests, just more sensitive to sources of public wealth. Hosts were like its predecessors, the kings of old and new dynasty, but those were the hosts, Sidney, Cit, accustomed to hosting another's hands, and he went out of the master-laborer, self-taught mechanic-king.

Peter I has been described by many historians as an outstanding politician, bright personality, fair and democratic king, whose reign was so eventful and contradictory, that was the reason for the existence of this topic mass scientific, and popular fiction. Referring only to some, enough known sources.

According to the description Kliuchevskii Peter I «was good by nature as a man, but rude to the king who was not accustomed to respect the person neither in itself, nor in other" [2]. With all your mind, curiosity and diligence, Peter did not have a good education, did not know how to behave in society, as befits a member of the royal family.

Rudeness expressions peculiar to Peter, always been associated with deficiencies of his upbringing. But it does not explain anything. Ruler on dynastic law, Peter sincerely believed himself sent down Russian divine providence, the ultimate truth is not capable of error. Meryaya Russia's own yardstick, he felt that the transformation must begin with breaking the old-fashioned customs.

1.2 Biography Peter 1

May 30 (June 9, New Style), 1672 Moscow resounded Belfry lilt, interspersed with gunfire with Kremlin towers - the Tsar Alexis and Queen Natalia nee Naryshkina son Peter was born. Boyars cautiously examined the baby and marveled his long body, breathed a sigh of relief: the baby looked healthy and cheerful. This is especially conspicuous after looking at his half-brothers Theodore and Ivan, the king's sons and his first wife Mary Miloslavskaya who since childhood suffered severe congenital illnesses. Finally, the Romanov dynasty could count on a healthy and energetic heir to the throne.

As with all the character of Peter I in childhood. King's father, faithful covenants Domostroi, does not particularly singled out the younger son. All child care fell on the shoulders of the mother. Future Queen Natalia grew up in a house Artamon Matveeva, who was an ardent supporter of reform and encouraged all sorts of innovations in everyday life.

Early childhood prince passed in the European house and its unique atmosphere, which then helped Peter to happen without prejudice among foreigners and they gain valuable experience.

Teacher in Russian literature and the law of God, to Peter was appointed at the request of Tsar Fedor Alekseevich not very competent, patient and gentle but large parish clerk Nikita Zotov Moiseevich, which not only sought to suppress natural wit and restlessness royal offspring, but managed to become a friend of Peter. It was he who instilled Peter habit to fill leisure time different "rukomeslami" which remained with him all his life.

In three years, Peter already gave the team Butyrsky Rejtarskaya shelf "new order" on the royal look, than pleasantly surprised Alexis and provoked hostility brother Fedor Miloslavsky and his sister, the princess Sophia.

So Peter and growing - strong and sturdy, not who feared no physical work. Palace intrigues developed his stealth and skill to hide their true feelings and intentions. Forgotten by all, except occasionally bump a few relatives, he gradually turned into an abandoned child seigniorial manor surrounded mugs and rickety huts tradespeople. For days he had been, anywhere, only resorting to mass. He now had to learn to sneak. Knowing suspicion Miloslavskys it when meeting with the patriarch, bring Vashti small amounts of money, pretended not taught to read, write and count. Joachim lord always lamented about it in conversations with the boyars, who in turn gossiped about ignorance abandoned all prince in the Kremlin. Knowing the Kremlin mores, Peter so lulled the vigilance of his Kremlin foes. Subsequently, it helped him to become an outstanding diplomat.

Meeting "Europe" at an early age for Peter largely determined the whole outlook of further reforms: it will equip Russia as a great German settlement, borrowing something from the whole of Sweden, something from England, something of Brandenburg.

Engineering interests Peter gave him the opportunity to invent new principles weapons and tactical innovations. To the surprise of Gordon in 1680 he opened a special Transfiguration "rocket institution" in which they are produced first "art lights", and later - the star shells, which remained in the Russian army until 1874. Knowledge of ballistics imposed Peter thought on a fundamentally new form of open artillery position - redoubts, brilliantly tested in the Battle of Poltava. Narva disaster forced the king to look critically at armed soldiers: and he is the simplest solution for screwing triangular bayonet to the barrel of a gun grunt, making Russian infantry attack long before Suvorov primary tactic. Arrived from Holland naval officers he examiner in sailing and management of cannon fire.

Diplomat Peter I was outstanding. In his arsenal of tools were all the classic techniques that Peter is easy to forget at the right time and reincarnated in a mysterious eastern king, suddenly starts to kiss on the forehead stunned interlocutor, pour folk sayings, baffled translators, or suddenly stop an audience, as the Shah of Persia, referring that he expects his wife! Externally, sincere and friendly, Peter, according to European diplomats, never revealed his true intentions and therefore consistently sought desired.

1.3 The role of Peter I in Russia's history

No one's name in Russian history is not so overgrown with huge number of myths and legends, which are based historical lie hidden, like the name Peter. Read the writings of Peter and his characteristics, prominent Russian historians, and is struck by a contradiction between reported their findings on the state of Moscow Russia on the eve of his accession to the throne of Peter, the activities of Peter and the conclusions that they make on the basis of these facts.

First biographer Peter Krekshino addressed to Peter:

"Our Father, Peter the Great, thou us from nothingness into nothingness made" [3].

Batman Peter Nartov called Peter earthly God.

Neplyuev stated "that Russia does not look all its beginning has." Flattering court sycophants Peter was why - that laid the basis for historians characteristics of its activities.

I. Solonevich shows perfectly legal surprise that "All historians, resulting in" particular "list egregious examples carelessness, mismanagement, ruthlessness, the great devastation and modest success and as a result of the addition of infinite cons, dirt and blood turns portrait kind of" national genius ". I think that this strange arithmetic operation in the world literature was not yet never."

Yes, another equally biased historical conclusion is hard to find. The question is - should we, witnesses a terrible period in the history of Russia - Bolshevism, with explaining the problem, whether or not Peter genius converter Russian state? Is the modern thinker and historian no other - more important and significant fact at a time when Russian need to establish a true historical view of the manner in which they sunk to Bolshevism.

This question must be answered emphatically that the question of the historical role of Peter I, - the most important question. Myth about Peter as brilliant reformer "who saved" Russian state from imminent death connected with the myth that Moscow Russia was on the verge of the abyss. These false myths historians belonging to the camp of the Russian intelligentsia, completely distort the historical perspective. In light of these myths history pre-Petrine Russia, as well as the history of the so-called Petersburg period, looks like a ridiculous plexus absurd events. Adhering to these two myths completely undetectable historical regularity in the development of Russian History since Peter I. But this historical development of the law of causality ugly Russian life after Peter I, can be easily detected, it is necessary only to understand that Peter was not a reformer and revolutionary ("Robespierre on the throne" - a label for the assessment of Pushkin). Then easily established causal link between anti-national activities "genius" Peter destructive activities of Freemasonry and spiritual offspring of the last - Russian intelligentsia during the so-called Petersburg period of Russian history, and the appearance at the end of this period, "ingenious" Lenin and Stalin. These are all links of the same chain, the first links of which were bound by Peter the Great.

Whoever does not understand that Peter I - it "Alpha", and Lenin - "Omega" of the laws of the historical process - he would never have faithful representation of the actual causes of the emergence of Bolshevism in a country that has always dreamed of becoming a Holy Russia.

In the book by Boris Bashilova "Robisper on the throne" you can read the following words: "Peter, as we see from the description of the main features of his personality, Kliuchevsky - could not have and did not have a slim outlook. And people who do not have a certain outlook, easily affected by other people that they recognize themselves to authorities. Such authorities to Peter, as we see, were Patrick Gordon and Lefort, whose influence on Peter, as acknowledged by all his contemporaries, was exceptional.

Peter does not own the idea came to Moscow to send all to hell and remake Russia into Europe. He just blindly follow the plans that have inspired him, Patrick Gordon and Lefort to travel abroad and various European politicians, whom he met in Europe.

Politicians West, supporting Peter intention to impose on Russia European culture, have done so, of course, not from disinterested desire to transform Russia into a cultural state. They, of course, understood that cultural Russia would be even more dangerous for Europe. They were interested in the fact that Peter was filled with hatred for the Russian traditions and culture. They understood that Peter attempts to forcibly convert Russia to Europe are doomed to failure in advance and that the weakening of Russia except they give nothing. But this is precisely needed to foreigners. So then they tried to establish Peter's intention to implement reforms as soon as possible and in the strongest terms" [4].

But I can not fully agree with this. Did Peter really learned from Western policy makers, but it could not be accused of hating people. Perhaps it was something too rude, but not more than by virtue of their lack of education and simply natural rudeness, if you can call it. Yes, the error in his reign did have, but because he is a man, but to err is human. Especially because Russia, and other countries, until today did not know a single ruler who would not have made not one mistake that would catered to everyone. After all, is not possible to please everyone! Peter had a strong personality, was very temperamental man around, and really rude and abrupt, but it did not make him a bad ruler, not begging his services to Russia. And people still speak with respect of Peter the Great.

Chapter 2

2.1 Rise to power

" Peter came to power after several years of struggle for the throne, the cat about Rui were two groups led MILOSLAVSKAYA and Naryshkins. "[1] Archers, led by Sophia, tried to arrange a new coup to overthrow Peter. So very soon, Peter felt the void on a cat on a swarm based his authority. This position is not only aware of Peter, but its predecessors, and they tried to find a way out. They charted program transformations Presley e Dov aimed only fix existing foundations of society, but not replace them. Transformations have to touch restructuring of the armed forces, the areas of finance, economy and trade. Was straight and knowledge the need for closer contact with European countries and used by rotating them for help. The plans were also changes in the social sphere, providing self-urban populations and even derogation cr e lean right.

Let us now turn to Peter and see what he did. Peter took the already existing program by modifying and extending it added nr reform and Islands, behavior change in, for example, set in Europe, but left n e touching the main problem of the social sphere - serfdom.

Protracted war, which lasted 20 years, led to the adoption of plural gih decisions consequence was to accelerate progress in reforms and, at times, about neposled sequence of decisions and activities. "Continuing irritation and ginary war, carried along its wave, Peter was unable to systematize Vat about their plans, he whirlwind swept over his power and his people. He is one of about Brittany, created and terrified" [2].

Transformative activity Peter began immediately returned e NIJ Great Embassy in Europe. Embassy official purpose was to d confirmation of friendly relations between Russia and the European countries and the search for soybeans s workers against Turkey, but the real challenge for Peter was to learn about the political and cultural Ms. s no European state system, the education system, and the device is equipped with e SRI army About Fleet Peter wondered everything. As for the diplomatic e Sgiach travel purposes, it should be noted that the European countries have adopted Russian embassies of n, to put it mildly, cool: Russia not only has found allies against Tu p tion, but also proved that began to form an anti-Russian elements in block E in rope. A diplomat bright Phys e cess was achieved. But this trip has given so much to Peter, he saw and decided to set himself interested him vopr about owls.

"Returning from a trip to Europe in August 1699. King came to his subjects in the garb of a resident of the West, means it has not seen before. And in how many days n e 29 August 1699., Issued a decree by which it was ordered to shave their beards and dress in a foreign dress, Hungarian or French-cut samples and mouth lished dresses were posted on the streets. Poor allowed to wear the old square and Thiers, but in 1705 all had to wear a new dress under penalty of a fine or a more severe punishment. " [1] Beard has long been considered inviolable n nym decoration, straight and a badge of honor, gentility, pride, so this decree caused the resistance in the tion, but Peter has solved this problem in n economic topics: beards were imposed a special tax, the value of which was determined by the owner of solvency this decoration. Schismatics and wealthy merchants beard break the $ 100 a year, the payment of tax was issued plaque with inscription Sue "beard - an extra burden." Quite surprised and relatively start reforms, but if more deeply ponder this question, Studies in the field of psychology, we see that in this way was partially broken ps and hologichesky barrier between Russia and the West, and even, to some extent, it has prepared the minds of people to the perception of further changes e s.

The most important step in the early years of Peter's reign was the destruction of the musketeers to about torye since childhood became king in his way. After Peter declared his intention to reform the armed forces and form a new army in the European manner, as if he made it clear that the time when archers were the opener is about boesp force passed. Thus archers were condemned to destruction. Ctd e Letsko shelves now sent to the dirtiest work of p farther from Moscow - archers fell into disgrace. In March 1698 they rebelled at this time Peter was in England. Archers sent from Azov to Moscow deputation outlining their sets and tions. A deputation came back with nothing, but brought with disturbing news that Peter gave himself body and soul to strangers, and z and prisoners in the nunnery Princess Sophia calls his former supporters to protect the throne and altar of I m of payments and the wicked king. " [2] Ctreltsy rebelled and moved to Moscow. At the meeting it was made by General Shein, they met June 17, 1698. tion about Mr. Risen monastery. Shein army general superior in numbers, and DOS and schennosti, so the victory was on the side of the government troops. Several people were killed on the eyelids, and the rest were taken prisoner. Peter found out about it, in a hurry to z rotation and benefited shis in the situation, decided that it was a good excuse for applying eye n A conclusive blow strelets groups. Arriving in Moscow, Peter immediately announced the search, which was carried out hastily and General Shein Romodan in Skim, but it was not enough and searches of renewed several times. Musketeers caught either killed or sent into prison. Torture carried out in order to obtain clear evidence of the participation of the princess Sophia in the conspiracy against Petra. The search accompanied by mass executions. Peter set out to once and for all get rid of the musketeers and did everything to achieve this goal. Sagittarians disappeared. There was more musketeers, but there was no army. "Several months later, the king realized his haste, he was forced to" return to life mind Shih p "in 1700 at the Battle of Narva participated Fletcher shelves - it s provincial arrows particles that the decree of September 11, 1698 were deprived of their name and organization, and by the decree of 29 January 1699. it was returned and then others in Goa. " [1] The final decision on the destruction of the musketeers was adopted in 1705 after a revolt of the Archangel in the cat about rum participated residues not discipline about bathrooms hordes.

After the destruction of the musketeers before the king there was another problem: Russia had no army, which could have a serious resistance. Under the walls and E Azov Peter experienced the value of his troops and found that an armed force, which he hoped to find in them, did not exist.

Streletskoye uprising was not simply an expression of discontent, especially as they have been treated, resentful musketeers, it was the identification of positional opp existing sentiments in the country. It is no secret that many of the old bo re I did not understand Peter, and, consequently, did not welcome his idea. Reluctance to change, conservative thinking and hostile attitude to everything about foreign mu, new arms against the king part of the boyars. And this had to be considered Pet pv. Perhaps this factor gave no opportunity to go to Peter further and deeper in their transformations. Opposition often played then p mozyaschuyu role in promoting reforms.

Big hit for Peter was that in opposition circles about was his son Alex. Peter was not just trying to attract their business to Alexei and Zab on there, but the prince showed complete indifference to this. "Finally, October 27, 1715 Peter put his son a choice: either he changed his mind and with his father takes up the case, or disown succession.. On the demand of the father of n Redel their place in life, Alex said that he agreed to take the vows" [1]. But the reality is that Alexei had no desire to lead a monastic life. Ale for this saw for themselves the output of fleeing abroad. Prince fled to Austria, where he was secretly granted asylum. A short time later he was found and 31 I n 1718 cooking brought to Moscow. Received forgiveness of his father, he signed on for r advance has been compiled by an abdication from the throne. After this, the prince revealed all his accomplices, who were carried Well Dena, executed or exiled to Siberia. After these events, in March 1718, the royal court moved to St. Petersburg. "Fear for his life Alexei muddied mind. During d of requests he lied to stipulate other to diminish his guilt. But the Petersburg stage investigation established his guilt spinless p tion. June 14, 1718 Alexei was taken into custody and put into a fortress. The court, consisting of 127 senior member, is one of the publicly announced prince worthy of death. June 24 1718 Alex announced death sentence for treason vennuyu gosudars t" [2].

2.2 What was the basis Peter I in his direction?

The answer to this question is very simple at first glance, this seems to be what people do not know how often Peter I visited Europe. In some instances, you can even find the juicy details of his description of these trips. But we will not talk about them, since they in no way relate to the topic, though, and certainly interesting.

Sure, Peter not only on Western ideas went, although some historians who oppose Peter and say, defaming him in his writings, that Tsar Peter the Great was acting under the influence of Western politicians entirely, ostensibly because of the weakness of his character and strongly influenced others. But no I can not call Peter spineless. I think many will agree with me. Maybe he did do something under the influence of Western politicians, perhaps those at the time did have an ax to grind, advising or that... but let's assign to the ruler of the great mistakes because everyone has the right to make mistakes and errors can not only judge a man and especially the governor.

Peter fascinated Western order, though fascinated, in fact, there was nothing. Moral and political principles of modern Europe were Peter incomparably lower moral and political principles of Muscovite Russia.

"Myth of philanthropic, landscaped Europe and barbaric Moscow has deliberately lied - says I. Solonevich in the" People's Monarchy. - Unconsciously it can not be any facts are too elementary, too well known and too glaring. "It's a cruel for most Russian historians, but perfectly correct conclusion.

Situation in Europe, which went on to study Peter, in many respects it was worse than that of in Muscovy. Historians wing intelligentsia too randomly divided lights and shadows, too depict the barbarism of Moscow Russia and prosperity of contemporary Europe. In England Revolution ended only shortly. Europe has not yet healed bloody wounds caused by the Thirty Years War. War ended only due to the fact that devastated the population of France and countless German states became extinct dwarf with hunger. Across Europe ablaze fires of the Inquisition, which burned heretics and witches. Belgium and the Netherlands as well as all States were crowded beggars, tramps and thieves. One German cities, all the women were burned on charges that they're witches.

What was the rule of law in the "enlightened and cultural" Europe shows activity Saxon judge Karptsofa. He is only one tiny contrived for Saxony, his life executed 20,000 people. In Italy and Spain, where the Inquisition was raging, it was even worse. should not forget that the last case occurred in the burning of a heretic in 1826, one hundred twenty-five years after the trip Peter humane and enlightened Europe. Such were the orders in Europe, according to Kliuchevskii raised " without the whip and torture chambers "and where Peter went to study better order than Moscow.

I. Solonevich does not distort the historical past, when he says in "people's monarchy":

"the most elementary knowledge of European affairs is enough to make such a conclusion: landscaped Europe, with its well-keepers boss Peter could not see, and for the very simple reason that a Europe in general and in nature did not exist".

"We should not, of course, to think that in Moscow before-Petrine era was heaven on earth, or at least modern manners grand salons.'s not forget that torture as a method of interrogation and not only the accused, but even the witnesses were canceled in Europe on average, one-hundred and fifty years ago.

Blood and dirt were in Moscow, but in Moscow they were very much smaller. And Peter, with the truly, Peter "sensitivity, "which he attributes to the liberal Klyuchevskii - that brought to Moscow Strelets'execution, personal and handwritten in them - to what Moscow Tsars, even Grozny, never descended; brought Transfiguration order brought trebled portion of the death penalty, he brought a terrorist regime, which is so touching like to refer the Bolsheviks. And he could bring another?

In Moscow, too, respect life was nothing particularly to learn. the West paid more attention to the construction of the bridge, Moscow Russia to pay more attention to the construction of baths. the West paid more attention to the beautiful camisole and shoes buckles with intricate, Russian sought to ensure that a simple caftans they had a clean body..." [5].

In the imperial palace in the Boyar Duma, in seigniorial houses saucers did not put on the table so they could push wishing lice. Palace of Versailles such saucer set. Gorgeously attired ladies and gentlemen sent their natural needs in the corridors luxurious Palace of Versailles. In the Chamber of the Moscow tsars this was not found order not to distort the historical perspective, it is impossible for a single moment forget that the Western world, where he arrived, Peter I, was already a large part of non-religious world.

"Western world, where I arrived Peter was already non-religious peace and obevropeevshiesya Russian arrived with Peter the Great, became agents of Europeanization, not trying at all take the form of Western Christianity, "- wrote the famous English historian Arnold Toynbee in his book" The World and the West".

Boris Bashilov on the relationship of Peter and West says is generally very tough, despising Peter for his "rolling" of the West, with the view shared by Bashilov I.Solonevich, which says: "Europeanization and explained Peter blasphemous antics. describing them, historians can not find suitable for their shelves. In Moscow, this did not happen ever. Whence Peter could borrow and vsepyaneyshego synod and obscene imitations of the Gospel and the Cross, and all that with such a strange ingenuity he practiced with his nominees?

Historians and tightly squeezes his eyes shut eyes. It turns out, as if this whole saga hooligan fell from the sky, was, so to speak, personal whims and personal invention Peter, who in fiction was generally much. And only in the third volume Pokrovsky its quite bawdy stories Russia (prewar edition) - sparingly and catch reporting "Protestant sympathies Peter," and alludes to the sources of his inspiration. Europe led the epoch of Peter Lutheran struggle against Catholicism. And arsenal of missiles and exhibits anti-religious bullying of Peter was simply borrowed from the Lutheran practice. Decency and sense of proportion if not particularly shy and picked Lutheran methods mockery of Catholicism, Peter had just changed the address - instead of bullying Catholicism, Orthodoxy began to mock. This source of Peter's fun, our historians have not noticed at all. "(B. Bashilov" Robespierre on the throne "). But I do not want to repeat myself, commenting on these words. I have already told Peter Bug. Although I am in general, in some respects, too, agree with these words. Indeed, Peter a chur really spread to Western experience, sometimes exaggerate the benefits of Western and Russian merits notice.

2.3. Peter's reforms and a special way of Russia

Russian concept largely identified with the Russian state. Very understanding of Russian, Russian territory after the classical period of Kievan Rus' was associated with the work of public gathering.

Russian ethnicity in its modern sense as a single entity was essentially a nurse in the state during the mixing masses of people of different races. State beginning in Russian history looks really like something that grew out of creative ideas itself - Russian ethnicity, territory and culture.

Becoming a basic principle of the positive development of the state, the struggle for its approval, etc. - was carried out by mass repression and annihilation of lifestyles by further restrictions on the freedom of the individual. In Russia in conditions of weakness or lack of practical civil society reforms in Europe were below, from society as a result of reaching the surface of new structures, new types of industries in the fight against the established, - in Russia conducted in the interests of the authorities in the face of external and internal threats in particular, from their own society. Therefore, these reforms have been implemented primarily through the suppression of society, giving rise to the phenomenon of alienation from society power.

In Russia, there is a special, with nothing comparable development in which progress paradoxically intertwined with the suppression of freedom, and technical and other advances - the alienation of society from the state.

As a result of historical development, formed a kind of "Russian way" - from modernization to modernization. And since the reforms from above, especially the introduction of the new, the increasing power demand, the development of productive forces in Russia, accompanied by undulating despotism gain at each stage of the reforms went in the direction of destruction of civil society, to some extent revived, however, after the era of reform passed.

Peter reform processes froze emancipation of private property, especially at the mass, the peasant level. Confirmation of this - the destruction of the rights of private ownership of land as a result of the introduction of equalizing per capita (instead of land-) tax state peasants. Over time, this tax led to the elimination of private ownership, the redistribution of land to the community and the ever-increasing state intervention in the affairs of the peasants.

Now, looking around the devastated country, which turned suddenly, as in ancient times, impoverished and backward that time in our history, and felt himself in front of an uncertain future, it is necessary to consider, as has carried with him, our country through the centuries-old tradition of revolutionary storms as a result of reforms to create a rigid- despotic regime of a particular type, which is called the Russian autocracy.

The peculiarity of Russia's historical path lay in the fact that every time a consequence of the reforms is even greater archaization system of social relations. It was she who led to the slowing down of the social processes, transforming Russia into a country catching up.

Originality lies in the fact that catching up, basically violent reform, which requires strengthening, even if temporary, began despotic government, lead, ultimately, to long-term strengthening of despotism. In turn, because of the slow development of a despotic regime requires new reforms. And repeated. These cycles are typological feature Russia's historical path. And formed - as a deviation from the usual historical order - Russian special way.

Last if in our future "change the customary historical order" - a special way, which once again plunge the country into a convulsive paroxysm of violent change, without giving anything in return except prospects repeating them in the future, even at the periphery of the development world? Or in our history to change the meaning of the word "reform" and we will find the strength, opportunities and will take its rightful place in the great culture of this world?

These questions can be answered only by historians of future generations, but would like to see in the affirmative - the second.

Chapter 3

The reforms of Peter 1

3.1 Forms of legal acts

Consideration of direct legal reforms of Peter I, I would like to start with the consideration of forms of legal acts - sources of law. So, the sources of law under Peter I had the following.

Law chief at the time was Code of 1649 year.

Charters issued for certain departments (Military, Marine) or control certain areas of law (the Charter of Notes, Military, quick image processes or litigation).

Regulations (acts constituent character) determined the composition of organisms and tion, competence and order workflow management bodies (General Regul a cop in 1720, Spiritual Regulations 1721).

Decrees was documented establishment of new government bodies and is due on faces (Decree on the establishment of provinces in 1708, a decree on fiscal 1714), the introduction of acts of sectoral legislation (Decree on the court form 1723.) FIXED ting on a position (Decree on Pozdnjakova obersekretarem Senate appointment in 1721). Peter I attempted to divide orders for temporary and permanent, direct and connecting the past to the statutes and regulated n there.

In the Petrine period a year on average were published about one hundred and sixty yk and call. A huge number of regulations to regulate all aspects of life, in need of systematization.

In 1695 all orders was asked to draw an extract from the article, additional dome l nyavshih novoukaznye Code and the article. In 1700 issued a decree on the establishment of the first new Code. In 1714 the order was repeated, but without results.

New legal acts complement Code of 1694 and regulations, in case of disagreement, preference for new acts. Codification of re-invigorated in 1720 - 1725 years. During this period have been prepared on the straight parts of projects Ulozhenie of judgment in the criminal process, search and torture cases and about Mr. Kazan and civil cases.

For lawmaking absolutism characterized by very d detail, careful regulation of all aspects of social life and frequent. Particular attention was paid to the forms of legal acts and legal regulation and of.

The most common form in the first quarter of the ne p XVIII century:

Regulations. Total in this period was approved seven regulations. They were acts that determine the overall structure, the status and activities of the individual t gosudars governmental institutions.

Manifestos. were published only the monarch and his signature and were arr scheny and to the entire population and all institutions. In a manifesto announcing the accession of the monarch on the throne, the major political events and promotions, n and beginning of war or peace signing.

Inscribed decrees. Also issued and signed by the monarch. They formulate solutions fo r addressed to specific government agencies or officials: the Senate, colleagues, governors. Inscribed decrees were supplemented by statutes or institutions Regul and cops.

Decrees. Could monarch issued by or on behalf of the Senate and were nat e Lena on a specific case or cases, the introduction or elimination of specific y h cies, rules or principles of activity. They contained legal rules and administrative regulations. Were addressed specific organ or person and were binding only on them. In the form of a decree adjudicating the Senate.

Statutes. collections containing rules relate to a particular sphere of activity vennoy gosudars t.

Attempt to synthesize the newly adopted legislation and regulations Deiss t sponding Ulozhenie carried out during 1714 -1718 years. W e need for reception of foreign law change related geopolitical e tion orientation of the country, demanded considerable work on the development and processing and processing of foreign (Swedish, German, French, Danish) codes in 1719 - 1720 [6].

3.2 Government reform

Further, in my opinion it would be appropriate to talk specifically about the state apparatus, as this can be said a special part of the state and law.

Numerous reorganizations carried out by Peter in the management of the state, led to the creation of a centralized system of control of e. In 1721 Peter I proclaimed emperor, thus further condi tion and power of the king. "Emperor of Russia - recorded in military re g Parliament - there is autocratic and unlimited monarch. Obey his ve p Nations High power of not only out of fear, but also for conscience God himself types e Levan".

1. Senate

In 1711, instead of the Boyar Duma was established by the Senate. He was educated as an extraordinary body while finding Peter I in military campaigns. It came about in the next nine to Peter dignitaries. Status of the new body was not DETAIL and Rowan, it happened later - two further decrees adopted, it became clear that the Senate - a permanent body.

By the competence of the Senate were: the judicial and institutional judicial de I sequences, financial and tax management, foreign trade, and full credit to mochiya. On the legislative powers of the Senate said nothing.

Decree 1711 establishes the procedure for the meetings and proceedings in the Senate. All orders must have been personally signed by all members of C e Nata. In 1714, changing the order of decision-making - instead of a unanimous Ven was definitely a majority.

In 1711, a system of fiscal supervision, the Senate was given uchre x position of chief sneak. Last was able to supervise the activities of the state apparatus, using the treasury system and fishing.

All incoming Senate deeds are recorded in the registry of the meeting captures valis.

From 1722, the Senate sent the province senator Auditor. Attorney General could raise the issue before the Senate on the Elimination of gaps in the law and carried out surveillance of the activities of the Senate and to the legions l.

Structure of the Senate included the presence of (general meeting of senators on a torus of decision-making) and the office, headed chief secretary and which consisted of a few tables (private, provincial, clerk, etc.). In 1718, the State Senate clerks renamed to secretaries Kantsel I Ristov and a recorder (in the 1722 Census of the Senate Chancellery Dr. Chinen Prosecutor General).

In 1712, the Senate was restored Raspravnaya Chamber considered lished business and local courts and the administration of appellate jurisdiction.

In 1718 the Senate appointed by the king except members entered again with all the presidents of these institutions-s boards.

In 1722, the Senate was reformed three decrees of the emperor. First of all, changed the composition of the Senate: it could go dignitaries (on the Table of ra n gah - the real secret privy councilors) who were not heads of relevant agencies. President of the College are not included in its composition (except e tion predecessors military, marine and foreign counterparts), and the Senate pr e revolved nadvedomstvenny control of p gan.

For control over the activities of the Senate in 1715, established the post -General Auditor, who later changed his chief secretary S e Nata. To gain control of the emperor of the Senate were established long train completely procurator-general and chief prosecutor. They were subordinated prosecutors at colleges. In addition, the Senate formed positions raketmeystera (adoption of appeals) and geroldme th open roadster (accounting employees nobility).

Decree "On the position of the Senate" that body received the right to issue decrees ITATION own district. Establishes regulations of his work: discussion and adoption of e s resh, registration and logging. Range of issues that were treated with the e tension was quite wide analysis of submissions to the sovereign, wa w Nation affairs from the field (war, riots, epidemics), the purpose of s forests and higher state officials, the adoption appeals court used ITATION solutions boards.

Procurator-general at the same time led sessions of the Senate and t osusches tially control over its activities. Attorney-General and the Chief Prosecutor could be appointed and removed only by the monarch.

Reform of the Senate in 1722 turned to the supreme body of the central control over who gets the entire state apparatus (and the offices of the colleges). The system of these organs occurred significant changes of e.

2. Evolution of the Boyar Duma

Bureaucratization of the state apparatus was held at different levels and for a long period. Objectively, it coincided with the process of further centralization necks the power structures. Already in the second half of XVII century. disappeared residues immunitetnyh feudal privileges and last chastnovladel s cal city [7].

Central government, such as the Boyar Duma and orders before transformed into new structures, have done considerable evolution. Boyar Duma of the authority to administer with the king in all the important affairs of state in the state, by the end of the XVII century. turned into periodic meetings and direct penalty judges. She became the regulatory authority that oversees the activities of executive bodies (orders) and local governance in tion.

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