Reforms of Peter I
Examine in detail the legal reforms of Peter I, background, characteristics and role in the history of Russia. Widely covered Peter's life, his manners, habits, character, which helps make a lot of conclusions and to understand some of his actions.
Рубрика | История и исторические личности |
Вид | дипломная работа |
Язык | английский |
Дата добавления | 26.01.2014 |
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Number Boyar Duma has steadily increased and its domestic jet travel beginning to differentiate: at the end of the XVII century. of the Duma official of s but stood "near doom" - a prototype of the Cabinet; still deathbed structure - Raspravnaya Chamber prosuschestvova in Shaya to 1694.
Boyar Duma of the political council turned into a forensic administrative body. In 1701, the functions of the Boyar Duma passed to Neighbor ka n tselyarii, coordinating the work of the central government. Officials were part of the office, have joined the Board, dubbed Konzilii Ministers (8 - 14 people).
In 1711, with the formation of the Senate to stop the further transformation of the Boyar Duma. Aristocratic body, based on the principle mestniches t wa finally disappeared. At the top of the pyramid of power was replaced by a new FYR of cratic authority. Principles of its formation and activity of t significantly differs from the principles of the organization and activities of the Boyar we have d.
3. College
At the end of 1717 began to develop the system boards: Senate were obtained and were desig presidents and vice-presidents, states are defined and working order. Also leaders in the boards were four counselors, four assessor (s and Chairman), Secretary, actuary, receptionist, translator, and clerks. Specia nym s decree in 1720 ordered to begin production Affairs' new order of d com".
Already in December 1718 was adopted e gies register call:
1) Foreign Affairs;
2) State taxes;
3) Justice;
4) Audit (budget);
5) Military;
6) Admiralty;
7) Commerce (business);
8) Shtats-office (keeping government spending);
9) Berg-Manufaktur (Industrial and th p nodobyvayuschaya).
In 1721 established a fiefdom board, replacing the Local Order in 1722 from a single Berg colleagues isolated Manufactures Manufactures board, which, except for the functions of management in industry, were entrusted with the task of economic policy and finance. For Berg-Collegium left horn function of production and coinage.
Activity boards determined General Regulation (1720), Join Aligned and a large number of rules and regulations in detail painted the order of constituent e firmed.
Creating a system of boards completed the process of centralization and bureaucracy and the state apparatus tion. Clear allocation of departmental functions, delineation of governance and competence, uniform standards of operation, the concentration of financial management in a single institution - all this new device significantly distinguished from mandative B with the topic.
With the establishment of the new capital (in 1713) moved to the central office in St. Petersburg. The Senate and the college created already there.
In 1720 in St. Petersburg created Chief Magistrate (as the call energy e) coordinate the work of all magistrates and is their appeal and tional tribunal. In 1721 adopted the Charter of the Chief Magistrate, Mr. regulated work of oriented magistrates and city police.
Sectoral management principles peculiar colleagues, has not been sustained to the end: the judicial and financial functions, in addition to special, pinned on the other board industry (Berg, Manufactures, Commerce). Beyond the control of l to legions remained whole industry (police, education, medicine, mail). College is not even included in the scope of control of the palace: it continued de th Order isting large palace and palace Affairs Office. Such an approach violates the unity of col w tion system.
Transformation of the system of state bodies have changed the nature of state civil service and bureaucracy. With the abolition of the discharge order in 1712 were last compiled lists of the duma ranks. During the creation of new administrative bodies, new titles: Chancellor valid th ta tion and secret advisers, counselors, assessors, etc. All positions (civilian and courtiers) were equal to the officer ranks. Became a professional service and the bureaucracy - privilegirova n nym estate.
4. Local control.
Local control at the beginning of the XVIII century. was based on the old meters of Delhi: Voivodship Office and the system of regional orders. In the process in petro Sgiach transformations in this system began to change. In 1702 the institute of provincial comrades elected from the local nobility. In 1705, this procedure has become mandatory and universal, that was to tighten control over the old administra t radio.
Transformation of local government began in the cities. In Moscow was created Burmisterskaya Chamber, which obeyed all elected local government (lips). The composition burmisterskih huts were mayors (elected from merchants and hundreds of settlements), led lips hundred if I presidency.
In 1702 canceled Institute labial chiefs and their functions transferred to the magistrates, to manage the affairs together with elected noble owls e Tami.
In 1708 introduced a new territorial division of the State: Establish eight provinces, which were painted all counties and cities. In 1713-1714 years. The number increased to eleven provinces.
At the head of the province was made governor or governor-general (P e terburgskaya and Azov province), uniting in his hands all the administrative, judicial and military power. Submitted to them for four Assistant t raslyam control.
During the reform (to 1715) has developed a three-tiered system of local government and administration: County - Province - Province. S in the province headed the chief commandant, who controlled the county superintendents. Monitor e-standing lower administrative units helped landratnye commission elected from month t tion of the nobility.
Province were formed in the following order: 1708 - Moscow, P e terburgskaya, Kiev, Smolensk, Arkhangelsk, Kazan, Azov, Siberia, in 1713 - Riga, in 1714 - Novgorod, in 1717 - and Asters khan.
As the main administrative, financial and judicial authority in the province acted Chancellery. Since 1713 when the governor established Landrat (councilors) of the local gentry. However, in contrast to the principle of collective municipal government control in the provinces and not straight zhilsya.
At the head of the province was the chief commander, led the new administrative units in tion (originated in 1715 in addition to the three-tier system) - "share" - Dr. Ian Rath.
The second regional reform carried out in 1719 gist of it next e FOLLOWS: eleven provinces were divided into forty five provinces. In Chapter ve and these units are also supplied governors, deputy governors, or about voev dy.
Provinces were divided into districts District. Provincial administration and subordinated directly nyalas colleagues. Four college (Chambers, Shtats-Office of Justice, under the domain) field has its own branched Appar and that of kamerirov, commandants, treasurers. Important role played by such local offices as kamerskih Affairs (layout and collection of taxes) and rentereyn-Treasury (receiving and spending monies under decrees and magistrates kamerirov).
In 1719 the magistrates entrusted observation "for storing the state interest," measures of national security, strengthening the Church, territorial defense, overseeing local administration auctions, crafts, and the observance of the sample p Sgiach decrees.
In 1699 the urban population was removed from the ministry and orders the governor and handed over to the Chamber Burmisterskoy (with 1700 - the Town Hall). In the city and were subordinate to the Moscow City Hall elected burmisterskie (se m SCIE) hut.
To Hall moved some financial functions orders and it remains a central state familiarize cashier until provincial reform 1707-1710 gg., When financial functions and burmisterskie huts were transferred to the lip p Natori.
In 1718-1720 years. passed reorganization of municipal government created in 1699 with the Town Hall - Zemsky huts and bailiffs. The creation of new bodies - the magistrates subordinate governors. General guide impl e stvlyal Chief Magistrate. The control system has become more bureaucratic and Central and call.
In 1727, the magistrates were Conver us and in the town hall.
5. Supervisory bodies
Centralization of the state apparatus under absolutism required to give special s supervisory bodies. At the beginning of the XVIII century there were two to n trol system - the prosecutor's office (headed by General - Attorney Senate) and with financial kalitet. Already during the formation of the Senate in 1711 when it was established by the spy. Similar posts were established in the provinces, cities and central h at cies. Top of the pyramid took the spy chief Senate. A clear legal regulation of the institute was made ??in fiscal 1714 were instructed about the I's duty to inform about any public officials and other serious crimes and violations of legality and district institutions. Their responsibilities include performance in court as prosecutors (tasks, later assumed by the prospect of kurorskimi bodies).
Thus, there was the same for the whole country administrative and bureaucratic control system, a crucial role in which he played the monarch, who relied on the nobility. In the second half of the 17th century. general tendency to develop ment and the state system of Russia was in transition from autocracy Boyar Duma and boyar aristocracy, from estate-representative m to about Narkhov "bureaucratic-aristocratic monarchy", to absolutism. Absolutism - a form of government in which the supreme power in the state completely and whi h separately vested in the monarch, "he legislates appoints officials and raet own and spends public money without the people's participation in legislation and to the management of Mr. Troll." In the 17th century. changed the title of the Russian tsars, which coined the term "autocrat." He sounded: "Great Sovereign Tsar and Grand Prince, Autocrat of all Russia" [8].
The overall process of subordination of all areas of life and management of the country with unlimited power of the monarch met protests from rights of Russian Orthodox Church. It was the largest feudal organization owned untold riches, thousands of serfs and huge land I E. Church successfully repulsed the attempts of state power to gain control of her property. But Peter was partly subordinate state church in state power.
3.3 Establishment of Police
Police agency was a component of the reform of administrative management system. Start creating a "regular" police by Peter I, having published in 1718 a decree establishing the new capital - St. Petersburg office General of Police. Police functions in the Russian state were carried out before the orders province and zemstvo elders, governors, along with other functions (judicial, military, financial). However, until the Petrine reforms was not specialized police agencies.
Having analyzed a lot of literature on this topic, I found that the main tasks created by Peter I of the police began fighting criminality and public order, as well as providing care (including compliance with the rules of trade edible products), and fire safety, etc.
The duties of the police were also fighting begging, prostitution, alcoholism, gambling, monitoring compliance with the passport regime and catching runaway and undocumented.
However, the role of the police is not limited thereto. It was for Peter I one of the most important tools transformations breaking the old order and the organization of a new life. Police was first created it was in St. Peteburge. Peter I founded a new capital was to be a model of innovation for the whole of Russia. Instrument of such "totalitarian" control in the hands of an absolutist state police began. Hence it is extremely wide range of tasks. The police had even control the household expenses (avoiding excessive luxury and extravagance) and parenting.
Most full police tasks defined in the Regulations to the Chief Magistrate in 1721. stating that "the police have a soul, and all the good citizenship and the fundamental orders backwater human security and convenient but oh gi " [9].
Given the social class structure of feudal society, where each class possessed hereditary Legal Articles catfish, distinguishes it from other classes, the police had to make sure that the subjects were prescribed each soslo Vija lifestyle and wore assigned to each estate siezhdu, hairstyles, etc. Not accidentally got in absolutism and gory name 'police state' [10].
A characteristic feature of Russian police YaV lyalsya its paramilitary nature. The police service, usually translated army officers. Lower police ranks manned SCIE of non-commissioned officers and soldiers of the older age groups, performing the conscription, but the age and state of health unfit to serve in the army. To help the police (for example, running to catch mated soldiers and peasants, armed gangs, etc.) are often directed lyalis military command. Given a comparable numerically small populations of police for duty for the protection of public order in the order of trespass brought local population tion with one person in every ten households ("lesyatskie") and as a senior at them with one person in every hundred yards ("constables"). In these cities attracted to bear security service from the local population of people not in the documents which the XVIII century. called quarterly time chikami.
When considering the development of organizational forms poly tion in the XVIII century. noteworthy that pervona initially specialized police agencies were established in the capital cities: St. Petersburg (1718) and Moscow (1721) and then in 1733 and in several other cities. In the province for special Lyceum authorities allocated immediately, but police functions are still performed by local governments. This is explained by the fact that the vast majority of peasants to land accounted dependence and subordinate police and court secular power of the landlords.
Following this, in 1782 the city was reformed poly tion: in the cities established deanery council, accepted a special Charter deanery. Deanery council headed lyal General of Police in St. Petersburg and the Chief polyC Maester in Moscow, the chief of police in the provincial town of or rodnichy in the provincial town. Since the deanery council (so the same as the lower district court in the county) is not only for the Lyceum, but judicial body for minor criminal and civil cases, it was composed of two bailiff (for criminal and civil cases). Given that the court in feudal society wore estates further character of the council also included two deaneries Alderman, ie elected representative of the urban class.
Competence management deanery was expanded in comparison with pre-existing NIJ police authorities. They now had the duty to know the classes and resources to moves all residents, not only permanent, but also temporarily at Ride and control over social organization in E, as well as religious sects and Masonic lodges, to torye could be formed only with the permission of the police. Ak ing more in the mid 80s. Masonic lodges associated with Zara organizations inevitably led to harassment and even arrests of their most active members. When the Imperial Ordinance of free printing presses in 1783 individuals was allowed publishing activities, the censorship for books and journals and has been assigned to blagochi Justices of, ie the police. Characteristically, the overall police were decentralized, the police authorities in the provinces entirely subordinate governors, and t General of Police actual ski directed only metropolitan St. Petersburg police. However, in the XVIII century. attempts were made to transform General of Police to head the entire police force of the empire, but they were not successful.
Political police, on the contrary, was strictly centralized wang and directly subordinate to the king.
First as a special organ for political police act under Peter I Transfiguration order loca suggested in Moscow and in St. Petersburg Secret Chancellery.
After the death of Peter I and under his successors the most important political affairs investigated and solved Nagrhovny Privy Council. Empress Anna Ivanovna established for the investigation of the Office of Political Affairs, a special undercover investigation Affairs headed by former "Minister" Peter's Secret kan tselyarii General AI Ushakov.
Absolutist state needed a political inquisition to suppress the masses dissatisfied exorbitant governmental taxes and requisitions, wild arbitrariness landlords. Note also that after the death of Peter I was ozhes finely chiselled court factions struggle for power. All central and local governance tion had unquestioningly execute the instructions Kahn tselyarii, forward all persons declared "word and deed gov't revo "together with the witnesses at her disposal. The main contribute own information received by the Office of the political transformation crimes - denunciation. Denunciations were already canceled under Alexander I.
At the end of the XVIII century. as the crisis unfolded feudal serfdom, the tendency to centralize the police and its subordination to the military authorities. Decrees of the emperor Paul I of the torus in the capital St. Petersburg and Moscow were appointed military governors, and the most important provincial cities - in ennye commandant, who was and is subject to police.
3.4 Judicial Reform
Judicial reform, held in 1719., Streamlined, centralized and strengthened the entire judicial system in Russia. The main objective of the reform - Department of Court Administration. At the head of the judicial system was the monarch, who tackled the most important affairs of state. He was chief judge and judged the many things on their own. On its initiative "Chancery search cases", which helped him to exercise judicial power. Attorney-General and the Chief Prosecutor to be tried by the king. Following judicial body was the Senate, which has appellate jurisdiction, the courts give explanations and understand some things. Court subject to Senate Senators (for malfeasance). Justice Collegium was the Court of Appeal in relation to the outhouse courts, is the governing body over all courts and looked into some cases as a court of first instance. Regional courts consisted of outbuildings and lower courts. Presidents Outbuildings ships were governors and vice-governors. Makes the transition from the lower court in order Nadvornaya appeal if the court decided the case impartially ("out bribes" [11] ), by order of the supreme court or the judge. If the sentence concerning the death penalty, the case was transferred to the statement of Court as the court. Some categories of cases solved in other agencies in accordance with their competence. Kameriry tried for cases relating to the treasury, the magistrates and land commissioners tried for escape peasants. Judicial functions performed almost all the college, excluding the College of Foreign Affairs. Political affairs treated Transfiguration order and the Secret Chancellery. The procedure for cases to authorities confused, governors and governors intervened in court cases, and judges - in administration. In connection with this new reorganization was carried judiciary: the lower courts were replaced by provincial (1722g.) and passed over to the governor and assessors were eliminated outbuildings courts and their functions were transferred to the governors (1727g.).
Thus, the court and the administration of the newly merged into one body. Some categories of cases were completely removed from the general judicial system and were referred to the conduct of other administrative bodies (the Synod, and other orders). Ukraine, the Baltic States and in Muslim areas there were special judicial system. Court cases resolved slowly and accompanied by red tape and bribery.
Feature of the development of procedural law and judicial practice in Russia was to replace the principle of adversarial principle investigation that lead to the aggravation of the class struggle.
So what are the features of a procedural right under
Peter the Great? In my opinion, speaking about the development of procedural law under Peter I must note planlessness, confusion reforms in the judicial system and legal proceedings.
There were three law procedural law end HVP - early eighteenth century. One of them was the Decree of 21 February 1697. "On the Abolition of dispensations in matters confrontations, instead of being the add rasprosov and search...", the main content of which is a complete replacement of the court retrieval. In April 1715. Timeout "quick image or judicial processes tyazheb" (one volume with Marking military). "Quick Preview" is a military Procedure Code establishes general principles investigative process. It was fixed the judicial system, as well as the composition and formation of the court. In the "Quick Start image" contains procedural rules; defines trial qualify his views; defines the new institutions of the process at that time (napk kondukt, approval response) is determined proof system; established procedure for compiling and announcement of appeal; systematized rules on torture. Decree of 5 November 1723. "On the form of the court" was canceled Tracking form process, introduces the principle of adversarial proceedings. First requires that the sentence was based on a "decent" (relevant) articles substantive law. Changes made to the Decree "On the form of the court" were not so fundamental. In fact the order was created in the development of "Short image." The judicial system was characterized by a period of Peter's reforms process centralization and bureaucratization, development and birth of justice served the interests of the nobility.
As I found out from reading material judicial reform as well as the rest of the acts of Peter was imbued with stiffness and even to some extent folly. In other matters that we should not be surprised, because this was Peter himself. But to continue on with his story.
Judicial reform was also an integral part of D forms the central and local governments an Paraty. Judicial reform, Peter I began to conduct in 1719, when they were established Collegium of Justice, outbuildings courts gu Bernie and lower courts in the provinces. Meaning of the reform consisted in the administration office of the court to give legal ha tees merchants and industrialists from harassment noble administration. However, the idea of separation of administrative court tion and general idea of the separation of powers, borrowed with the West but did not meet the conditions in Russia in the beginning of the XVIII. idea of separation of powers inherent in the conditions of feudalism its growing crisis, decaying under the onslaught of the bourgeoisie. In the Russian bourgeois elements were still too weak to "learn" to make them a concession in the form of a court, not dependent on the administration. In practice, the subjects saw the power in the face of the governors and other administrators about it and granted it solutions Outbuildings courts. Intervenes governors were in litigation. Chaos in relations courts and IU stnyh authorities has led to the fact that in 1722, instead of the lower su rows were created as part of the provincial courts and magistrates of assessors (assessors), and in 1727 abolished and outbuildings courts. Their functions were transferred to the governors. Cases of poly -static charges (as mentioned above) have been solved in the bodies of the political police (the Secret Chancery, Secret expedition) and in the Senate, and often personally emperors. That Thus an attempt to judicial reform at the beginning of the XVIII century. by has failed.
Again to the issue of judicial reform government impact rotates in 1775, when in the course of the provincial reforms were instituted in the provinces and districts new judicial institutions for each individual class. In counties were formed county courts for the nobility and their aristocratic custody. Court of First Instance to state peasants in the county became lower violence, and for the urban population by the court - Goro ANNUAL magistrate. The second instance in the province are were three estates judicial institutions: the upper district court (for nobility); provincial magistrate (urban population) and the upper reprisal (for state peasants). All fates ITATION case, according to the legislator, had completed at province. Therefore, in each province created another Chamber of criminal and civil court. They were the highest court of appeal for all lower with vessels of word. Supreme court of cassation for all su rows empire became Senate, which were formed criminal but Cassation and the Civil Cassation Department. Collegium of Justice became an organ of the judicial management (recruitment of personnel, material support), although sometimes it is considered Riva as supervision of individual cases.
Thus, the judiciary was separated from the adminis tration, although not completely. Thus, minor criminal and gra zhdanskie cases were dealt with in the deanery justices and lower courts have Zemsky - police establishments. The Senate also YaV lyalsya not only the highest judicial authority, but authority and control, to control the administrative authorities. judicial system created by Catherine II, survive shaft to judicial reform in 1864. She was overly cumbersome and different set of instances, exceptional tion red tape and bribery.
3.5 Legal status of estates
Moscow Tsars understand hatred and destructiveness of the estate tried to disagree about ratories opinion with positions of power classes. Politics Peter I was quite different. Class opinions did not interest him, he sought to do the will of all the subjects of the supreme power. As a result, Russian society was indirect and Roman divided into upper and lower layers, possible compromises were lost, amplified landowner hegemony over the peasants, the state - and the rows above the village.
1. Nobles
Generic gradation of feudal lords under Peter I erased. Were abolished under Peter and ranks (courtier, Boyar). For commoners individual complains title graphs. Under the influence of the war S. Razin government increases cleaning nobility, the mass of the first order takes servitors in the category of public cr e styan.
Peter I tried to achieve a legally separate classes. Well Well was given in the design of the status of the bureaucracy. Original title "shlyahestvo" in feudal environment did not stick and was soon replaced the old term "nobility". Decree 1714 finished leveling provisions lords of all ranks. Watch and estate and now equalized in rights, inheritance passed one son, the rest had to enter public service. In January-February 1714 was ordered compulsory education of children of noblemen, clerks, etc. Under the threat of a large fine. From the age of fifteen children of the nobility, I determined whether the military service of the series (mainly in the Guard). Only later they received the officer ranks [12].
Roster in 1722 divided the military and civilian ranks at h e Fourteen discharges from the top - Field Marshal and Chancellor to the lowest - adju st tantalum with lieutenants and registrar in chambers. For example, the rank of Major General wo r welcomed Colonel Guard, president of the board, chief prosecutor at the district citizens Service Commission. Divided by the court and subject to the ranks of women in accordance with the position of husbands and fathers (gofdamy, chamber-maids, etc.). Ra passage prescriptive service from the lowest ranks to the highest, how to obtain higher ranks ("noble services that will, they can for their labors proi s hobnob above"). The right to the highest rank gave education. Achievable ting certain rank gave the right to private (for myself) nobility, higher - on flow meters governmental nobility (for children). Timesheet argued for noblemen getting emblems, and subjected to torture or punishment "for serious crimes of e" deprived "of the title and rank."
In addition to separate the nobility Peter I formed the basic features and bureaucracy, which served for a cash salary.
Legal status of nobility was substantially changed the adoption of the Decree on primogeniture 1714 This act names several conse t satisfied:
Legal merger of these forms of land ownership, as patrimony and estate, led to the emergence of a single concept of "property." On its basis for the consolidation of a class. The emergence of this concept has led to a more accurate processing s legal technique, developing proprietary rights stabilization commitment n relations.
Establishment of Institute of primogeniture - inheritance estate only d him the eldest son, is not peculiar to Russian law, whose purpose was to keep away from fragmentation of land ownership nobility. Implementation of the principle of the new led to the emergence of large groups of landless yard n properties, forced to take up service in the military or civil lines. This position of the Decree n caused the greatest dissatisfaction among nobles (d upraz Neno was already in 1731).
Turning the estate into a hereditary tenure, however Decree n and walked a new way to bind the nobility to public service - to restrict inheritance made ??him serve as representatives for a salary. Very quickly began to form large bureaucracy and professions of functionally officer corps.
2. Serviceman class
Struggle with the Swedes demanded regular army unit and Peter Pone m leg translated into regular service all the noblemen and servicemen people. Service for all servicemen people become equal, they served their polls indefinitely and Mr. Chin and service with lower ranks.
All previous level servicemen people were joined together in one sosl about Wier - shlyahtehstvo. All the lower ranks (as noble and of "ordinary people") and one could Covo promoted to higher ranks. Order of service was a precisely defined "table of ranks" (1722). In the "Table" all ranks were camshaft e Delena 14 ranks or "ranks" by reason of their seniority. Each with up to 14 tigshy lower rank, could hope to occupy the highest office and take you to shy rank. "Table of Ranks" has replaced the principle of gentility principle of service and service availability. But Peter did people from the higher nobility old one concession. He n noble attainments of young people to act primarily in his favorite Preobrazhensky Guards regiments and Semeno in sky.
Peter demanded that nobles carefully studied literacy and mathematics, and not trained deprived right to marry and get a commission. Peter limited se m levladelcheskie rights of the nobility. He stopped to give them the estate of the treasury at the entry level, and gave them cash salary. Nobility in t ranks and estates banned crush when sending sons (the law "On primogeniture", 1714). M e ra Peter relatively nobility aggravating the situation of this class, but I have not changed any of its relationship to the state. Nobility and before and now had to pay for the right to land ownership service. But now I m service became heavier and tenure hesitate. Nobility grumble and try to facilitate their hardships. Peter severely punished attempts to UKL nitsya from service.
3. Urban Estate (tradespeople and urban people)
Before Peter urban class was a very small class and the poor. Peter wanted to create a city in Russia economically strong and figures tion s class, similar to what he had seen in Western Europe. Peter expanded g of urban self-government. In 1720 he was created chief magistrate, who was supposed to take care of the urban classes. All the cities were divided by the number of residents per class. Urban residents were divided into "regular" and "irregular in polar" ("vile") citizens. Regular citizens were two "guilds": the first consisted of representatives of capital and the intelligentsia, the second - smaller then p traffickers and artisans. Artisans were divided into "shops" for crafts. Irregular p governmental persons or "vile" are the laborers. The city operates a magician and a stratum of mayors elected by all regular citizens. In addition, urban affairs at obs townspeople waited on gatherings or councils of regular citizens. Each city was subject to the chief magistrate, bypassing any other local district and chalstvo.
Despite all the changes, the Russian cities and stayed in the same miserable condition in which were before, the reason for this - far from the auction of industrial operation in Russian life and heavy war.
4. Peasantry
In the first quarter of the century it became clear that the door-taxation principle has not brought the expected receipt of e Zoom taxes.
In order to increase their income landlords sselyali several crosses n Sgiach families for one yard. As a result, during the census in 1710 revealed that the number of households in 1678 decreased by 20% (instead of 791 thousand households in 1678 - 637 thousand in 1710). Therefore introduced a new principle of taxation. In 1718 - 1724 years. carried out a census of all the taxpaying population male Nez and less of age and health. All persons included in these lists ("pe vizskie Tales"), had to pay 74 kopecks. poll tax year. In case of death s and write to file continued to pay until the next revision of the family of the deceased or the community to which he belonged. In addition, all taxable estates, except serfs, the state pays 40 kopecks. "Dues" that was supposed to balance their duties with the exactions of the landlords cr e styan.
Transition to capitation figure increased taxation direct taxes from 1.8 to 4.6 million, accounting for more than half of the parish budget (8.5 million). Post has been extended to a number of categories of the population, which it had not, and whether boards: slaves, "itinerant people," single homesteaders, the Black Hundred peasantry North and Siberia, the non-Russian peoples of the Volga, Urals, etc. All of these categories constitute a class of state peasants and the poll tax for them was feudal rent they paid g of the state.
Introduction capitation increased the power of landlords over peasants, because the view registered males tales and collect taxes was charged ind e schikam.
Finally, in addition to the poll tax, the farmer paid a huge amount of all kinds of taxes and fees, designed to boost the coffers, deserted in pe result of wars, creating a large and expensive apparatus of power and control in the tion, the regular army and navy, construction and other capital expenditures. Besides state peasants carrying duties: road - to build and Government and maintenance of roads, Yamskaya - for mail transportation, cargo and treasury officials, etc.
So at the end of the reign of Peter the Great, much has changed in housing estates or s. Noblemen began to serve another. Citizens got a new device and benefits. The peasantry was different pay and on private land merged with the cold of the Pamir. The state continued to look at the same class as before. It was determined I lo their lives conscription, not a right. All subjects lived not for himself, but "for the sovereign and sheriff case" should have been an obedient tool in the hands of govt properties p.
5. Serfs
In the XVII century. slaves were subject to national service, many of them settled on the land and paid to the end of the century homestead lodge. During the first census in 1719 e landlords concealed part of slaves, and so I ordered Peter incl w chit all slaves of the tax population. This led to the final destruction of slavery and equating them to the category of cross s yang. [13]
Chapter 4
Right under Peter I
4.1 Systematics of legal norms and the first attempts tion and codification
A large number of published regulations and code required systematization and cation. From 1649 to 1696 was made more than a thousand acts, bearing in Shih force of law. During the period of the reign of Peter I was made more than three t s of thousands of legal acts. There were serious difficulties in compiling and persuasions and SRI these disparate and incompatible rules. The principle of legality could not be carried out sequentially. Additional difficulties created insufficient information about the new instruments, untimely e mennaya their publication.
Ignorance of the law subjects for which he acted, it was commonplace. In tselim published no more than half of all published regulations, circulation was small.
Petrine reforms demanded more decisive formed a corps of lawyers - was borrowed with the Western way of preparing them not through practice and experience in law enforcement work, and through the training of the theoretical foundations of e Skim jurisprudence. Since the end of the XVII century. toils and received a number of vigorous measures for streamlining legislation and the development of theoretical yurispr have dencies.
The first attempt (after Ulozhenie 1649) systematization of legal norms on human rights has been made established in 1700 by the Chamber of the Code. Major ass and whose body was to bring into compliance with Code of Laws and Ulozhenie entire array of newly adopted regulations. The second task was to update the judicial and administrative right to tics by incorporating new law.
Chamber work continued until 1703, when the whole project was completed Novoulozhennoy book. The project preserves the structure of the Catholic Lay e (25 chapters), but significantly updated its norms. In general, the work carried out by the Chamber of street about zhenii, was the first to systematize the experience and Prospect Island.
Codification work began later. In 1714, preparing lane e Ulozhenie review, the judges were instructed to decide the case only on the basis of the rules laid and not contradict it decrees. Special commission entrusted St. e STI subsequent (after 1649) decrees and sentences summary collections. Work had to pursue the Senate Chancellery.
In 1718, a report by Justice College was invited in to and as a source of new legal norms Swedish laws to include a single set of Conciliar The Code, new orders and the Swedish Code. Yk and the Senate had shown complete codification work (including foreign and Legislative Decree ment) by the end of 1720.
The sources of this codification were Sobornoye Code of 1649, Pilot book, decrees, Military and Naval statutes, Swedish and Danish Ord about us. The main direction of codification work at this time was the selection rules, eg in lennyh promote and protect the public inter e sa.
From 1720 to 1725 the Legislative Commission was conducted over a two hundred x s and sedans. Finally, in 1725 a draft of the new Code was completed. It included four books: "On the process, that is, the court, place and persons belonging to the court," "On the Prospect of process in criminal, investigative matters and torture", "About misdeeds which lp ^ s and punishment follow", "On the civilized or gra w Covenant on Civil affairs and the state of any economy" (the land, trade, op e ke, marriage law, inheritance).
Thus, the results of the codification of the first quarter of XVIII century were:
1. Approved in 1714 and published in 1715 Military Articles coving military criminal law relating primarily to the field of material and not procedural law. In its structure, this code per e nyal generic classification of legal rules (by the nature of the act) with the internal hierarchy of importance acts. Each item is described on t delny type of offense and assign specific authorization;
2. Approved in 1720, General Regulations, Statutes or call e gies, covers the entire scope of the new administrative law. In preparing the regulation was implemented reception of foreign made and Islands: it is based on false n was a Swedish charter Stationery 1661 Structure Regulations object-oriented regulation: the provisions on compulsory n positions to retain and colleges, and government agencies at all objectified e lennye spheres and forms their engagement, structure and categories of employees, administrative norms responsible for STI;
3. Codification of private law, drawn from the Ordinance is one of the legacy and the subsequent acts of inheritance. Consolidated document at half ended items of manorial title deeds (1725), was a generalization of judicial practice and rumors tion and law enforcement on the options, supplements and modifies the previous legislation on the heritage and research institutes.
As I have learned from reading the material experience codification of the first quarter of XVIII century. A P showed that the development of the law seeks to create industry division, and with what s given separate sets of rules. Vaults troilis on systems and zation, reception and synthesis of enforcement practices.
4.2 Civil Law
A crucial role in terms of feudalism played ownership of land and serfs Cross yang. The decree of Peter I on primogeniture in 1714 abolished the differences in the legal regime of the estates and estates and established feudal landholdings's single legal regime of the immovable property. It has established its serious limitations. essence of these constraints is as follows.
First, it could bequeath only one of the sons of Nome, and the absence of sons - one of doche Rey, ie property should not be crushed. Secondly, it was impossible to lay, and sell only used in order conclusion and with the permission of the authorities and the payment went high us.
Why then were introduced such restrictions? But these innovations were aimed at preserving economic by Proposition nobility. Ownership of the land was still one of the most important privileges of the nobility, but this right was still connected with the duty of service. However, given the interests of industry, right ernment Peter I still had to go to some indentation tion of noble exclusive rights - privileges on the ground. Decree 1719 of privileges allowed Berg was not only the nobles, but also merchants and "all ranks" people look for minerals on any land, including privately owned and build mines and plants for mining and processing found tion of minerals. However, the owner of the land had pre property right of search and mining.
But if he did not use his right, he semi chal 1/z2 only on income from the mines and factories built on his land. Nobility with displeasure met all these restrictions on their possessory rights and fought for their repeal. Already 'in the 173, taking advantage of the government crisis in the enthronement of Anna Ivanovna, the nobles made the abolition of restrictions in the inheritance of estates, their mortgage and sell yarn. Regarding the rights of merchants to build factories and the purchase of land for them, the government here has fluctuated (that prohibits merchants from buying land, the newly permitted), however, in 1782 the nobles made Catherine II decree on the Law of the land owner, not only on the ground, but its entrails (ie essentially abolished privilege Peter Berg-I) [14].
We can say that the legislator here, focusing on the Western legal experience, trying to implement the principle of primogeniture, whereby the eldest son inherited. Russian tradition stood by his youngest son, who succeeded his father on custom. Practice chose a compromise - one son inheritance of choice of the testator. The remaining children received the share of movable property under a testamentary disposition.
Daughters inherit property by will, and only in the absence of sons.
With no children at all real property under a will can be transmitted kin (relatives wearing the same surname as the testator, ie in the same terminology - "in kind"). Movable property of any shares may be divided between any applicants, the testator gives his "who wants to." Individual freedom of the will markedly increased compared with the order of succession in the previous period.
Law still allowed the legal fiction of the era of the local inheritance. To property passed to his daughter, her husband should take the name of the testator, otherwise the property passed to the state (escheat property was considered).
However, the right of succession arose not only by will. In the absence of a will come into force the legal order of succession and mayoratny principle here is undeniable: the eldest son inherited the estate and movable property was divided equally among the other sons, in 1731 the main provisions of the Decree on primogeniture canceled. Since that time, hereditary succession is regulated as follows: real estate is transferred to all the sons equally, get one fourteenth daughter and widow - one eighth of movables daughters allocated one-eighth, and the widow - one-fourth share. At the same ancestral immovable property (mayoratnoe) goes only to the legal heirs.
In his will the testator granted more freedom disposition: except mayoratnyh and preservation of assets, it could redistribute the succession mass at its discretion.
Decree on primogeniture and amended the scope of family law. Was promoted marriage age for men - up to twenty years, women - to seventeen years.
Decree on the liberties of the nobility in 1762, and then the Charter to the Nobility in 1785 abolished compulsory service, the nobility and the right of the state to select the ground for refusal of servi would.
Another important monopoly - a privilege of the nobility was the right to own serfs baptize us. But here, in the interests of the government to ensure the industry workforce had to make some rye retreat from this noble monopoly: solve, breeders buy populated villages to factories, farmers of these villages to work in factories as posschsionnyh.
State guaranteed ownership zavodchi sheaves on their company and their products. However, companies producing gold and silver (they were found at the beginning of the XVIII century. Urals) are considered to belong to the state and only personal data in the possession and enjoyment of the owners. Their products tion had to be sold to the state at government prices.
So, as I learned in the civil law were introduced significant changes. Retained the right to family redemption, the term of which was cut in 1737 with forty-three years. Provision of the Decree on primogeniture concerning the indivisibility of the property with the ensuing consequences for the remaining landless nobles, restrict the freedom of disposition of real estate. To overcome the limitations of practice has developed a number of legal fictions: the introduction of nominees, the conclusion of additional or illegal transactions etc. 1719 mining, "found on private land," became the prerogative of the state.
In 1772, the state's monopoly on the subsoil and the forest was canceled. An important area of origin of the elements of capitalism (without which it is impossible to establish absolutism) was manufactories. But free labor market was not.
Order was established additions to the manufactories state peasants (in the public sector) and the purchase of peasants from the land with the mandatory use of their work at the factory (the private sector). These categories of peasants were named and ascribed possessional (1721).
Ownership purchasers was limited here: forbidden to lay these villages and their acquisition was permitted only with reference high competent authorities (Berg and Manufactures boards).
In 1782, the right of Industrialists, natives of burghers and peasants acquire populated village is canceled and re-populated land monopoly owner becomes nobility.
The most common types of friendly associations became simple partnerships, partnerships in the faith. In the joint-stock company Russian entrepreneurs were joined by foreign shareholders. The law concepts begin to form a legal entity and corporate ownership.
The development of commodity-money relations, manufactures and re Meslin reflected and Obligations Act: widely practiced contracts for the sale, exchange, gift, rent property, supplies, contracts, etc. Many of these before negotiations (in particular real estate sale) should be performed only in writing and presented in a separate document - deed of purchase. Still there exists Vova some restrictions on the sale of real estate (as mentioned above). Limited rights were wimps. Semi chill spread employment agreement and not only for domestic services, but also for work in the industry. Peasants allocated for dues could conclude such contracts only with the written permission of the landowner and for the period specified in the resolution. Got a development partnership agreement.
And to this day occupy a substantial relationship of obligation, we can say the main niche in civil law. Civil law in the era of Peter and today is an important right. That is why the changes introduced by Peter I touched and binding relationship. The following discussion focuses on the relationship of obligation in the era of Peter I.
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