Kodan S.V., Vladimirova G.E. —
Provisions for the legal status of the members of the royal family in the Code of the Fundamental State Laws of the Russian Empire of 1832-1892.
// Legal Studies. – 2014. – ¹ 5.
– P. 38 - 68.
DOI: 10.7256/2305-9699.2014.5.11587
URL: https://en.e-notabene.ru/lr/article_11587.html
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Abstract: The object of studies concerns the Code of the Fundamental State Laws of the Russian Empire on the issue of legal provisions regarding the Russian royal family. The authors show place and role of these norms in defining the legal status of the members of the royal family and its value in the relevant institution of the Russian public law. Special attention is paid to the analysis of the Institution of Imperial Family as an element of the Code of the Fundamental State Laws of the Russian Empire of 1832-1892. The methodology of studies is based upon the historical and formal legal approaches, showing the normative basis and contents of the Code of the Fundamental State Laws of the Russian Empire in part of analysis of the legal position of the royal family. The scientific novelty is due to the analysis of the Code of the Fundamental State Laws of the Russian Empire of 1832-1892 in the sphere of provisions for the legal status of the members of the royal family. Following the European tradition for special "Family Laws" on relations between the monarch and the members of the royal family, and their legal position, the legal status of a royal family was rather clearly defined in the legislation of the Emperor Paul the I (1797). Based upon these provisions the Code of the Fundamental State Laws of the Russian Empire provided for a special division: Institution on Royal Family. It provided for a special institution of public law for a royal family, regulating such public law relation as the procedure for acquiring the rights of members of the royal family, establishing family relations as the basis for inheriting the throne, obligations of the Emperor to support rule of law and order in the royal family, obligations of the members of the royal family, and the obligation to be faithful to the ruling Emperor. The specific features of the family and marriage issues, property and inheritance were also regulated in the Code.
Kodan S.V., Vladimirova G.E. —
Legal Regulation of Legislative Activity of Supreme State Power in the 1832 - 1892 Fundamental Laws of the Russian Empire
// Sociodynamics. – 2014. – ¹ 4.
– P. 24 - 46.
DOI: 10.7256/2306-0158.2014.4.11304
URL: https://en.e-notabene.ru/pr/article_11304.html
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Abstract: The subject sphere of the article is directed on studying of the 1832-1892 Fundamental Laws of the Russian Empire in respect of regulation legal bases of a regulation of activity of the Russian supreme power in legislative activity. The fundamental state laws within the Code of laws of the Russian Empire for the first time consolidated and built on the basis of a certain system of a statute from published in the second half of XVII - the first third of the XIX centuries of legal acts which regulated legislative process in the conditions of absolute monarchy. On the basis of historical and legallistic methods the standard and legal basis of the maintenance of statutes of the fundamental state laws is shown. As a result of research a row a conclusion is drawn that the fundamental state laws of the Russian Empire for the first time rather accurately defined statutes concerning one of the main fields of activity of the supreme government, i.e. legislative. In them the principle of legality was enshrined in activity of the device of public administration, also features of the organization of legal space of the Russian Empire decided on allocation and establishment of the principles of interaction of the nation-wide legislation and legalizations of national regions. In the sphere of legislative activity the fundamental laws accurately formulated the fundamental principle of the publication of acts in the conditions of absolute monarchy – an exclusive right of the emperor to the edition of legalizations which didn't limit also the preliminary discussion of bills in the State Council which had consultative character for the monarch. Also provisions of Basic laws in which rules of identification and elimination of gaps and collisions in legalizations were detailed were important.
Kodan S.V., Vladimirova G.E. —
Definition of requirements towards the system, contents and implementation of legislative acts in the Basic State Laws of the Russian Empire of 1832-1892.
// Legal Studies. – 2014. – ¹ 4.
– P. 59 - 105.
DOI: 10.7256/2305-9699.2014.4.11409
URL: https://en.e-notabene.ru/lr/article_11409.html
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Abstract: The article shows the provisions in the Basic Laws of the State of 1832-1892 for the main parameters of the Russian positive law. The authors analyze the contents of the Basic Laws regarding consolidation of legal provisions on defining system and types of legislative acts, requirements to the publication of laws, procedures for amendment and the scope of application of norms (temporal, territorial, range of persons). At the sam time the authors analyze the legal sources, providing for the requirements to the positive law in the Basic Laws. Based upon historical and formal legal methods the authors analyze the sources and contents of the Basic Laws regarding the requirements to legislation. The scientific novelty is due to the fact that the article provides analysis of the Basic State Laws of the Russian Empire of 1832-1892 regarding the parameters of positive law. It is shown that for the first time in the history of the Russian law the legal provisions, which were previously spread in various legal acts, were consolidated and provided as a system of paramters and requirements to the current legislation.
Kodan S.V., Vladimirova G.E. —
Political Ideological and Procedural and Institutional Grounds for Creating the Fundamental Laws of the Russian Empire (the XVIIIth - the first quarter of the XIXth century)
// Genesis: Historical research. – 2013. – ¹ 4.
– P. 134 - 171.
DOI: 10.7256/2306-420X.2013.4.745
URL: https://en.e-notabene.ru/hr/article_745.html
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Abstract: The question of establishment of "radical laws" as the legalizations which defining bases of a political system in Russia and have received the late name "basic laws", was connected with ideology and practice of the state construction and had important political and ideological value in strengthening of the legal bases of the organization of the government in Russia and its legitimation in society. In the conditions of autocracy strengthening in reign of Peter the I in the first quarter of the XVIII century of a basis of a political system there are actually "radical" laws establishing common features of the form of government and the territorial organization of the government, and the current legalizations defining an order of activity of the head of state in the main spheres of realization of the Supreme government. . In the conditions of palace revolutions, lack of accurate legislative mechanisms of ascent on the Russian throne and strengthenings of political influence of favourites of empresses on a course of public affairs the problem of protection of the noble aristocracy from an arbitrariness of the head of state and his immediate environment that raised a question of accurate definition of a legal framework of activity of the monarch became aggravated and found reflection in a number of projects of transformation of political and legal system of Russia (Catherine II, P. I. Shuvalov, N. I. Panin, A. A. Bezborodko). In definition of approaches to creation of radical laws of the Russian Empire the end of XVIII – the first quarter of the XIX century when during works on streamlining of the legislation of the Commission of drawing up laws the problem of allocation of fundamental legalizations was expressed in creation of "The draft of Radical laws of the Russian Empire" G. A. Rozenkampfa (1804) is most important and then in attempt of synthesis of some fundamental legalizations in the section "About Laws in General" within "The systematic set of existing laws of the Russian Empire" (1815) and editions "The bases of Russian law taken from existing laws of the Russian Empire" (1821).In article the specified questions are considered.
Kodan S.V., Vladimirova G.E. —
Legalization of the Supreme State Power in the Fundamental Laws of the Russian Empire of 1832 - 1892
// Genesis: Historical research. – 2013. – ¹ 3.
– P. 44 - 78.
DOI: 10.7256/2306-420X.2013.3.748
URL: https://en.e-notabene.ru/hr/article_748.html
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Abstract: The Fundamental Laws of the Russian Empire (version of 1832 - 1892) set forth the legal provisions regarding arrangement of the supreme state power. Those Laws quite clearly outlined the principal features of the absolute monarchy as the form of govenment in the Russian Empire. The features include absolute supremacy, sanctity, heredity and dependence of the emperor on the effective legislation. A number of provisions of the Fundamental Laws reflected the empire-like nature of the territorial organization of the state power in Russia and a difficult configuration of relations between the imperial center and individual ethnic communities. The title of the Russian emperor and the Russian coat of arms described in the Fundamental Laws symbolized the scope of authority ofthe governor and borders of teh Russian empire. The Fundamental Laws also determined specific features of the authoritarian state regime which created legal grounds for such institutions as the institution of allegiance. That institution established the legal relation between an individual and state government represented by a monarch as well as the division of the society into estates. The authors of the article analyze the aforesaid issues and problems.