Codification of the laws of the Russian Empire under Nicholas 1: date, essence

The codification of Russian laws under Nicholas I began in 1826. As a result of the long work of a large number of lawyers, the Code was prepared, where all the acts and norms that operated on the territory of the empire were found. This collection of laws with annexes and explanations was published in 1833.

The problem of cumbersome legislation

At the time of Nicholas I's accession to the throne, the codification of laws became one of the most urgent tasks facing the Russian authorities. The problem was that for many decades new arches, regulations and decrees appeared in the country, which sometimes contradicted each other. Coding was needed in order to systematize laws, bring them into a single, clear order.

This problem was also taken up by the predecessors of Nicholas I, including his grandmother Catherine the Great and elder brother Alexander I. The new ruler took up the codification immediately after he was on the throne. Nicholas came to power against the background of the Decembrist uprising, organized by supporters of political changes in the country. Nikolai spent the rest of his life making decisions, looking back at the events of 1825. For him the codification of laws was one of the ways to strengthen the state system.

Inefficiency of the legal system

The fact that the imperious apparatus was ineffective and overloaded with remnants of the past was not a secret to anyone. Often the actions of different bodies or officials contradicted each other because of legal loopholes and holes in the laws that regulated their work. In addition, this abnormal situation has become fertile soil for the growth of corruption.

The codification of the laws was entrusted to Mikhail Speransky. For some time he was an associate of Alexander I and was the author of many of his liberal projects and reforms. On the eve of the war of 1812 Speransky was in disgrace and was in an honorable exile. Now Nicholas I returned it to the system, hoping for the experience and profound knowledge of the reformer. Speransky immediately began to send emperor memos in which he outlined the activities of the previous commissions on the transformation of legislation and plans for the forthcoming codification.

Establishment of the Second Branch

Nicholas I approved the ideas of Mikhail Speransky. In April 1826, the Second Section of the Imperial Chancellery was created specifically for the forthcoming work on the analysis of legislation. Before the new body was set a clear goal - to compile the Code of Laws of the Russian Empire. Codification was carried out by a number of editors. They were provided with all the necessary resources. Lawyers had to check a huge amount of documents. Speransky and his subordinates enjoyed the fruits of the work of the former Law Drafting Commission of Alexander I, who had not yet completed his work.

In the Second Section, lawyers, jurists, historians, statisticians and important statesmen began to work. Here is only a partial list of names: Konstantin Arsenyev, Valerian Klokov, Peter Khavsky, Dmitry Zamyatin, Dmitry Eristov, Alexander Kunitsyn, etc. All these people represented the intellectual elite of the country. They were the best in their fields, and by combining their efforts, they were able to do what seemed to be impossible. Codification of laws was considered improbable before. Suffice it to say that the specialists had to include in the future Code documents dating from the 17th century and still operating in the territory of Russia.

Collection of documents

The original papers were kept in different archives scattered throughout the country. Some documents had to be searched in the buildings of the abolished institutions. Such bodies were: the Foreign Affairs Board, the Voting Department, closed orders, etc. The codification of Russian laws was also complicated by the fact that there was still no single register on which the drafters of the Code could compare. The second department had to create it from scratch, focusing on the Moscow, Senate and ministerial archives. When the registry was finally ready, it turned out that it got into more than 53,000 acts adopted in different centuries.

In St. Petersburg, they demanded rare books that could be found and delivered in weeks. Codification of the laws of the Russian Empire was also in the revision of the text. The specialists compared several editions, analyzed old sources, checked their eligibility, entered and deleted them from the register. Many acts actually duplicated each other, although they could be taken at different times and for different reasons. In such cases, as a rule, they were guided by an earlier document, leaving it for the draft of the Code.

Analysis of historical acts

The starting point for the Second Section was the Cathedral Code, adopted in 1649 under Tsar Aleksei Mikhailovich. Lawyers have included this collection and all subsequent laws in the Code. There were even canceled and inoperative documents (as an attachment to the General Assembly). At the same time, the special commission took up the analysis of the remaining sources, dating back to 1649, in parallel. They were published separately in the form of an independent publication called "Acts of History."

The codification of the laws under Nicholas 1 was based on the following principle. A certain area was being taken (for example, civilian). It was studied separately from the others. At the same time, the same civil law was divided into several historical periods. This facilitated the process of systematization, although it was still difficult. Work on criminal legislation became especially painful. A review of its historical development took several months. In July 1827, the result of this work was given as a "test of the pen" to the emperor. He was pleased. The codification of the laws under Nicholas 1 passed slowly but surely.

Rules for drawing up the Code

Organizing the work of the Second Department, Mikhail Speransky decided not to take risks, but to take as a basis the former foreign experience in similar enterprises. I did not have to search long. As a guideline, the recommendations of Francis Bacon were chosen . This English philosopher at the beginning of the XVII century explored the legal theory and left behind a rich book heritage. Relying on his reasoning, Mikhail Speransky formulated several rules, which eventually led to the drafting of Russian laws.

Repetitions were eliminated. Too long formulations of laws were reduced, while the Second Section had no right to touch on their essence. This was done for the future simplification of the work of state bodies, courts, etc. The laws were distributed among the subjects of regulation, after which they were stated in the form of articles that were included in the Code. In the final edition, each fragment had its own number. The person using the Vault could quickly and easily find the act of interest to him. This is exactly what Nikolai wanted to achieve . 1. The codification of laws, briefly, became one of the most important undertakings of his government. The preliminary preparation of the Code was completed.

The importance of Speransky

It is possible to say with confidence that without Speransky, the codification of the laws of the Russian empire would not have been carried out. He supervised all work, distributed recommendations to his subordinates, resolved difficulties, and finally reported to the tsar on the achievements of the Second Department. Mikhail Speransky was the chairman of the final commission, which analyzed and rechecked drafts of parts of the future edition. It was his perseverance and energy that allowed him to manage his enormous work relatively quickly.

However, there were also reasons why the codification of the laws of the Russian Empire under Nicholas 1 was delayed. This happened because the projects often returned back to the drafters because of the observations of the auditors. Sam Speransky subtracted each line in 15 volumes of the Code. On the drafts, which he did not like, he left his comments. So the project could run between the compilers and the commission several times, until finally it was polished to a shine.

Interpretation of obsolete law

According to the requirements put forward by Nicholas 1, the codification of laws was not just a mechanical work to rewrite documents. Long-standing acts and regulations were drawn up in an outdated version of the Russian language. Compilers of the Code had to get rid of such formulations and write them again. It was a tremendous work on the interpretation of law. The former norms and concepts had to be transferred to the then conditions of the nineteenth-century Russian reality.

Each law was accompanied by a mass of notes and references to sources. So the articles became authentic, and readers could, if desired, verify the authenticity of the laws. Especially many explanations and additions were to the old acts that appeared in the XVII-XVIII centuries. If the compilers retreated from the original text or used a modification of it, then this is necessarily indicated in the appendix.

Revision

The final audit of the Code was carried out in a special audit committee. It included representatives of the Senate and the Ministry of Justice. First of all, the criminal and basic laws of the state were checked.

The auditors made many amendments. They insisted that the Code should have been supplemented with the rules that existed in the decrees and circular regulations of various ministries. For example, the head of the financial department Egor Kankrin sought this. In the Russian Empire, the entire customs business was based on the disparate orders of his ministry.

The edition of the Code

Direct work on the compilation and revision of the publication was carried out from 1826 to 1832. In April 1832, the first test volume appeared. The Manifesto on the complete publication of the Code was signed by Emperor Nicholas I on January 31, 1833. As a token of gratitude, the tsar rewarded all those involved in the huge work with titles, pensions, etc. For the monarch, the publication of the arch was a matter of honor, since he was concerned with this task from the very beginning of his reign. Head of the Second Department Mikhail Speransky received the highest state award - the Order of St. Andrew. In addition, shortly before his death, in 1839, he became a count.

Before its publication, the Code was tested in the State Council, which was headed by the chairman of this body, Viktor Kochubey. The meetings were attended by the emperor. Thus the codification of the laws under Nicholas 1 was completed. The date of this event (January 31, 1833) was forever inscribed in the history of Russian jurisprudence and jurisprudence. At the same time, the manifesto provided for a preparatory period during which the state bodies were to familiarize themselves with the Code and prepare for the beginning of its use. This edition came into force on January 1, 1835. The effect of its norms extended to the entire territory of the Russian Empire.

disadvantages

Although the Code had a harmonious external form, it did not correspond to the character of the internal content. Laws were based on different principles and were heterogeneous. Unlike the West European collections, the Code was compiled on the principle of incorporation. It consisted in the fact that the laws did not change, even if they contradicted each other. The second branch had only the right to shorten the wording.

Nikolai did not touch on the essence of the legislation, because he saw in this undertaking a dangerous reform. All his reign he tried to maintain the old order, which held on to an autocratic system. This is his attitude towards reality, and it influenced codification.

Structure of the Code

Speransky proposed to compile the Code according to the principle of Roman law. His system was based on two main parts. It was private law and public law. Speransky developed his system in order to simplify the work with the Code.

As a result, all the material was divided into eight divisions. Each of them corresponded to a certain branch of law - state, administrative, criminal, civil, etc. In turn, eight books contained 15 volumes.

The value of codification

The appearance of the Code marked a new stage in the development of domestic law. Citizens of the country for the first time received a systematic and easy-to-use publication, with the help of which it was possible to check with the laws in force. Before that, the system of law was contradictory and consisted of eclectic parts. Now the period of haphazardness has remained in the past.

Rapid development of the Russian legal culture began. Now it has become more difficult for officials to abuse their powers. Their actions could easily be verified by checking with the Code. The people finally learned what the law is and how it is applied. For Russia, the publication of the Code actually turned out to be a major political and legal reform. In the future, the edition was edited several times, according to the innovations that appeared in the legislation under the successors of Nicholas I.