Article
Article name Forms of Legitimization in the Russian Empire
Authors Mamkina I.N. Doctor of History, Associate Professor, inna-mamkina@yandex.ru
Bibliographic description Mamkina I. N. Forms of Legitimization in the Russian Empire // Humanitarian Vector. 2021. Vol. 16, No. 3. PP. 34–43. DOI: 10.21209/1996-7853-2021-16-3-34-43.
Section HISTORY OF THE SOCIETY
UDK 93
DOI 10.21209/1996-7853-2021-16-3-34-43
Article type
Annotation The article is devoted to a comprehensive study of the legitimization forms in the Russian Empire. It also presents the idea of inextricable connection between the understanding of a historical event or phenomenon and the socio-political processes reflected in law. Therefore, the understanding of the Imperial law system, the insight into the peculiarities and processes of its legitimization formation is the basis of historical studies of the Russian Empire period. The purpose of this paper is to summarize and to give the comparative analysis of the legitimization forms existing on the territory of the Russian Empire and its outskirts in the period of the 18th ‒ early 20th centuries. The methodological basis of the study is a set of historical and legal methods used in the state-legal phenomena study. The study uses the comparative-historical, terminological analysis and comparative law methods. The paper is interdisciplinary, it is written at the intersection of jurisprudence and historical science. The study found a variety of legitimization forms enshrined in Russian Law, which are difficult to classify. It was noted that the classification and hierarchy of Russian Legislation depended on the extent of the monarch’s involvement in the legislative process. The author draws attention to the fact that the legitimization within the spatial and personal scope has some features that are most pronounced toward Siberia. When analyzing the content of a number of Charters and Provisions, specific standards or exemptions regarding this act enactment on the Empire outskirts are often found. The organization of power on the national Empire outskirts was regulated by special acts. The author concludes that despite the variety of legislative forms the Emperor’s will remained above the law and the law-making mechanism provided for its legal confirmation forms. Indeed, from a legal standpoint, such acts weakened the strong arm and the rule of the law, on the other hand, they speed up some decision-making processes.
Key words the Russian Empire, Siberia, System of Law, sources of Law, form of Law, legislation, autocracy
Article information
References 1. Speransky, M. M. Guide to the knowledge of laws. Saint Petersburg: Tip. Vtorogo otdeleniya sobstvennoj EIV kancelyarii, 1845. (In Rus.) 2. Speransky, M. M. Preface. Complete collection of laws of the Russian Empire. Saint Petersburg, 1830. V. 1: 1–31. (In Rus.) 3. Speransky, M. M. Historical review of the Commission for Drafting Laws. Russian antiquity, no. 2, pp. 434–441, 1876. (In Rus.) 4. Gradovsky, A. D. The beginning of Russian state law. Spb: tip. M. M. Stasyulevicha, 1887. (In Rus.) 5. Korkunov, N. M. Decree and law. Spb: tip. M. M. Stasyulevicha, 1894. (In Rus.) 6. Shershenevich, G. P. General doctrine of law and the State. M: Tip. I. D. Sytina, 1908. (In Rus.) 7. Tomsinov, V. A. Systematization of Russian legislation in the second half of the 1820s ‒ early 1830s. Moscow University Bulletin, no. 4, pp. 38–76, 2008. (In Rus.) 8. Tomsinov, V. A. Systematization of Russian legislation in the first quarter of the XIX century. Moscow University Bulletin, no. 3, pp. 14–48, 2008. (In Rus.) 9. Kodan, S. V. Formation of the system of legislation of the Russian Empire (XIX ‒ early XX centuries). Bulletin of the Ural Institute of Economics, Management and Law, no. 1, pp. 60–71, 2011. (In Rus.) 10. Kodan, S. V. Development of the system of Russian law: foundations and the process of creating a legal structure to build a normative material (IX–XVII century). Legal technique, no. 7–2, pp. 297–308, 2013. (In Rus.) 11. Kodan, S. V. M. M. Speransky and the formation of the theoretical foundations of the legal machinery of the systematization of the legislation of Russia (1820–1830s). Legal technique, no. 6, pp. 223–233, 2012. (In Rus.) 12. Yurtaeva, E. A. To understanding the law in pre-revolutionary Russia. Journal of Russian law, no. 9, pp. 83–98, 2010. (In Rus.) 13. Efremova, N. N. The concept and types of sources (forms) of Russian law in the XVIII ‒ first third of the XIX century (before the complete systematization of legislation). Legal Science, no. 4, pp. 15–20, 2016. (In Rus.) 14. Verkholantseva, T. Yu. Forms of normative-legal documents of the Russian Empire of the XIX ‒ early XX centuries: on the basis of the analysis of requests of the Center for Legal Information of the Russian State Library. Rumyantsev readings: materials of the international. scientific conf. M: Pashkov dom, 2007: 51–57. (In Rus.) 15. Zabelina, D. V. Charter in Russian law (historical essay). Law and modern states, no. 5, pp. 7–13, 2013. (In Rus.) 16. Verstov, V. V. Edicts in the legal system of Russia: history and modernity. Human. Community. Control, no. 3, pp. 11–34, 2007. (In Rus.) 17. Sagindykov, A. N. Manifestos as legislative acts of the XVII–XIX centuries in the system of Russian law: the concept and multiplicators in the “form of law”. Legal state: theory and practice, no. 1, pp. 66–74, 2017. (In Rus.) 18. Sagindykov, A. N. Manifestos as legislative acts of the XVII–XIX centuries in the system of sources of Russian law: the concept and theoretical issues of classification in the “form of law” correlation with “sources of law”. Innovative Science, no. 12–2, pp. 185–191, 2016. (In Rus.) 19. Kruchinin, V. N. The concept of the law in Russia and the forms of its consolidation at the beginning of the XVIII century. Research publications, no. 4, pp. 109–120, 2016. (In Rus.) 20. Korkunov, N. M. Decree and law. Saint Petersburg, 1894. (In Rus.) 21. Rumyantsev, M. F. Definition of the concept of “law” in the conditions of autocracy: historiographical aspect. State in-you of Russia: past and present: materials of interuniversity. conf. in memory of E. P. Eroshkina. M, 1996: 11–13 (In Rus.) 22. Nikitina, E. E. Charter of the region (edge) as a source of constitutional law. Journal of Russian Law, no. 11, pp. 60–69, 1997. (In Rus.) 23. Lichichan, O. P. Constitutions (charters) in the structure of normative-legal systems of the subjects of the Russian Federation. Siberian legal bulletin, no. 3, pp. 44–54, 2012. (In Rus.)
Full articleForms of Legitimization in the Russian Empire
0
7