Reforms of the first half of the 16th century briefly. State reforms in Russia in the middle of the XVI century. Beginning of the Livonian War
Question number 9.Beginning of Ivan's reignIV. "Chosen Rada". Reforms of the middleXVIin.
The beginning of the reign of Ivan IV.
In January 1547, Ivan IV was solemnly crowned king in the Assumption Cathedral as "king and Grand Duke of all Russia." The adoption of the title "king" further raised the authority of the monarch. The wording "all Russia" reflected Moscow's claims to the inheritance of all Russian lands. In June 1547, uprisings broke out in Moscow and other cities, reflecting dissatisfaction with the current situation. Popular performances showed that the country needs change. The nobility expressed particular interest in carrying out reforms. The expression of these sentiments was the nobleman Ivan Peresvetov. In the petitions of Ivan Peresvetov to the tsar, a program of transformations was outlined. Sharply condemning the boyars' arbitrariness, Peresvetov considered the ideal state structure to be a strong royal power, based on the nobility.
Elected Rada (1549) Reflection of these sentiments was education at the court of Ivan IV in 1549 of the new government, named Chosen Rada. It included: princes D. Kurlyatev, A. Kurbsky, M. Vorotynsky, N. Odoevsky, A. Serebryany, A. Gorbaty-Shuisky, Sheremetev boyars. Played an important role Metropolitan Macarius and clerk of the Ambassadorial order I. Viskovaty. The leaders of the Rada were the priest of the Annunciation Cathedral of the Kremlin Sylvester and the sleeping bag of the king Alexey Adashev. The elected council was not an official state institution, but for 13 years ruled on behalf of the king, striving for fundamental structural reforms aimed at education estate-representative monarchy.
Reforms of the middleXVIcentury.
Zemsky Sobor (1549)
The beginning of the reforms was the convening of the first Zemsky Sobor (1549) - an advisory body, which included representatives of the nobility, clergy, merchants, townspeople. Issues of foreign policy and finance were discussed at the Zemsky Sobor, and complaints were heard. The Council decided to replace the outdated Sudebnik of 1497 with a new one and formulated a program of reforms.
Reform of the central organs government controlled
As a result of this reform, a new system of central government bodies was created - orders specialized in the type of activity. towards the middle 16th century in Russia had about 20 orders. A. Adashev headed petition order, dealt with complaints and exercised supreme control; I. Viskovaty - Ambassadorial order, regulating relations with foreign countries; big order was in charge of finances; Local- distributed land for service; Bit- was responsible for the organization of the noble militia; Rogue - for law enforcement. Each order was headed by a noble boyar, to whom they obeyed clerks and clerks. Orders were in charge of tax collection and courts. Subsequently, with increased specialization public service, the number of orders also increased.
Reform legislative norms led to the creation of the Sudebnik 1550 who confirmed the right of peasants to move from one feudal lord to another only in Yuriev day and increased the fee for the "elderly".
For the first time, liability for bribery was established. The general trend towards the centralization of the country led to modifications in the taxation system, which was also legally enshrined in the Code of Laws of 1550. A single system for the entire state was established. unit collection taxes - a big plow. Depending on the fertility of the soil, the social status of the plow could be from 400 to 600 hectares of land.
Reform of the local government system. In 1556 there was canceled system feedings. Servicemen began to receive remuneration in the form of help, allocated by a centralized fund. For lip reform power and judicial functions were assigned to labial elders, elected from local nobles, in black-mossed cities - on zemstvo elders, who were elected by the black draft peasants and townspeople. They helped the labial and zemstvo elders kissers,labial and zemstvo deacons(secretaries). This reform provided an influx of additional funds to the treasury, strengthened the position of the nobility in the local administrative apparatus.
military reform. AT 1550. from pishchalnikov in Moscow a permanent archery army. He was armed with squeaks and edged weapons - swords and reeds. The personal protection of the king was provided by a special detachment of 3,000 people. By the end of the XVI century. the number of streltsy troops reached 25 thousand people. The army was divided into Moscow and city orders. Streltsy were obliged to participate in hostilities, in peacetime to engage in military training, to carry out guard duty. AT free time they were allowed to engage in crafts and trade. The permanent archery army became a powerful fighting force of the Muscovite state. It was drawn up "Service Code"- the first military charter, which established two forms of passage military service:by country, that is, by origin; by instrument, that is, by set. The Cossacks from the Don also poured into the army. AT 1571. The first charter for the organization of the guard and village service was drawn up. By the end of the XVI century. the Russian army exceeded 100 thousand people. The reforms carried out have strengthened the country's armed forces.
Church reforms. On the Stoglavy Cathedral, so named because its solutions were formulated in 100 chapters (1551), important decisions were made that reflected changes in the socio-political situation in the Russian state:
The reforms of the Chosen Rada were approved;
The unification of saints, religious rites, canons was carried out;
Measures were taken to limit monastic land ownership and royal control was established over monastic possessions.
Results of the reforms:
Reforms of the 50s XVI in. had the following results:
The centralization of the state and the personal power of the king increased;
The system of central and local government has become clearer and more efficient;
The military power of the country has grown;
There was a further enslavement of the Russian peasantry;
Question number 10. Oprichnina and its consequences. The activities of Ivan the Terrible in the assessments of historians.
Inside the political situation on the eve of the oprichnina.
Ivan IV saw the main reason for the failures of his policy in the betrayals and rebellions of the feudal nobility. He was sure of necessity: a strong autocratic power, the main obstacle to which were the boyar-princely opposition and boyar privileges. Under these conditions, Ivan IV went to establish terror regime. AT January 1565 he left Moscow for Aleksandrovskaya Sloboda, capturing the most revered icons and religious shrines from the Kremlin. From the settlement, the king sent two messages to the capital. The first was addressed to Metropolitan Alexander and the Boyar Duma. In it, Ivan IV announced his renunciation of royal power due to boyar betrayals and asked to allocate him a special inheritance - oprichnina. The second letter was intended for the townspeople. Announcing the decision to renounce power, the tsar assured the townspeople that he had no complaints against them, unlike the traitorous boyars. Of course, this was just a political maneuver. Skillfully playing on the feelings of his subjects, Ivan IV forced them several times to humbly ask him to return to Moscow. And when he finally agreed, he set his own conditions.
State reforms of the middle of the XVI century.
In the middle of the XVI century. under Ivan IV, important reforms were carried out aimed at strengthening centralized state. Among them, one of the first was an attempt reduce the omnipotence of the Boyar Duma(which included mainly representatives of the feudal aristocracy).
Centralization reforms:
In 1549, as part of the Duma, a "The Chosen Thought"
("Chosen Rada") from trusted persons appointed by the king. It was an advisory body that, together with the tsar, decided all the most important issues of state administration, pushing aside the Boyar Duma for a while.
promoted centralization and oprichnina. The large "oprichnaya" territory was controlled by a special apparatus - the royal court, with oprichny boyars, courtiers, etc. The tsar's power was based on a special oprichny corps, which served as the personal guard of the tsar, a body of political investigation and a direct punitive apparatus, which fought not only with the opponents of Ivan IV, but also with the masses of the people who opposed the strengthening of feudal oppression.
Local Government Reform: The previous feeding system was gradually abolished and replaced organs of provincial and zemstvo self-government. Lip huts were created primarily as punitive bodies who were in charge of the fight against robbers, thiefs, murderers, arsonists, and the search for fugitives. Later, they were assigned some managerial functions. So, they were entrusted with the collection of taxes, the census of the population, the control of taverns (drinking establishments), taverns. Lip elders announced administrative orders, were in charge of the labial prison. In the 17th century the competence of the labial organs became even wider compared to the period of their creation and included all matters of local government. Lip letters were drawn up on behalf of the Sovereign of All Russia, contained a direct indication of this, were approved by the appropriate signatures and seals.
Zemstvo reform: In the middle of the XVI century. Was held zemstvo reform, which resulted in the creation zemstvo self-government bodies, selected from the environment of the townspeople and the wealthy strata of the black-haired peasantry. Their competence extended only to townspeople and peasants. The boyars and nobles were removed from the competence of the zemstvo bodies.
Reorganization of local government: At the beginning of the XVII century. significant reorganization of local government. To many counties and cities government authorities were governors appointed. The governors were the power administrative and military(they commanded armed detachments located on the territory under their jurisdiction), controlled the collection of taxes and the performance of duties, were in charge of the court, the police. They were subject to local government and city clerks.
military reform. continued streamlining the organization of the noble militia. Was created standing archery army from people "on the device" (i.e. for hire). At the beginning of the XVII century. another very important reform in the organization of the armed forces established permanent shelves.
financial reform. In the 80-90s of the XVI century. government held ubiquitous description of the land. Scribal books served as acts of serfdom of peasants to a certain landowner.
As direct taxes so-called streltsy "feed", "farmed ransom", "squeaky"(for the purchase of weapons), "Polonian"(to ransom the prisoners) pit money. In the 17th century The tsarist government introduced a number of additional direct and indirect taxes: so-called five, those. collection of one-fifth of the value of movable property; customs, salt, tavern indirect taxes, trade duties, which in 1653 were replaced single trade duty in the amount of 5% of the price of the goods. The taxes paid by the dependent population of the lands annexed to Russia were also increased.
Criminal law according to the Council Code of 1649
General definition there is no concept of crime in the law. But from the content of the articles of the Council Code, we can conclude that the understanding of crime violation of the royal will, the law. By subjects of crime both individuals and groups of individuals differ.
Many new and important institutions of criminal law have emerged. So, in the Cathedral Code, crimes were distinguished intentional and reckless. There was no punishment for random acts. The code knew and the institute necessary defense. The Council Code is also aware of the provision on emergency exempt from criminal liability. Defined complicity, known abetting, aiding, abetting. Repeated or the repeated commission of a crime was punished more severely than the offense committed the first time. The regulation made a distinction between attempted and completed crime. In the cathedral crimes are set out in a certain system.
Crime system according to the cathedral code (by location in the code):
1) crimes against religion and the church.(blasphemy, violation of order in the church);
2) crimes against the state. (Meaning speeches against the king and even intent were punishable by death);
3) crimes against the order of control(forgery of seals, counterfeiting, violation of the rules for collecting trade duties);
5) Crime against the judiciary(false oath, perjury);
6) War crimes(treason of a soldier, escape from the battlefield);
7) Crimes against morality(pimping, violations of family foundations)
8) Crimes against the person(murder, grievous bodily harm, insult in word and action)
6) Property crimes(theft, robbery, arson, fraud).
Punishment system.
Primary purpose of punishment: intimidation, retribution. Secondary purpose of punishment: isolation of the offender from society.
Council regulations:
1) the death penalty: skilled and simple. (Qualified: burning, poured into the throat of metal, quartering, wheeling; burying alive in the ground; Simple execution: hanging)
2) self-mutilating: cutting off an arm, leg, tearing out an eye, nostrils, etc. (2 goals of this punishment: a) intimidation, b) to single out the criminal).
3) painful punishments: cross-section of a potogamer with a whip in a public place; imprisonment (from 3 days to 4 years or indefinitely).
4) deprivation of honor and rights.(Applied only to privileged layers).
5) property punishments. (The system of fines and the highest sanction is the confiscation of the criminal's property).
6) church punishments: repentance, excommunication from the church, exile to a monastery.
7) imprisonment(from 3 days to unlimited);
9) hard labor.
The charter of the deanery of 1782 regulated the structure of police bodies, their system and main activities, a list of acts punishable by the police.
The police department in the city became deanery council- collegiate body, which included chief of police, chief commandant or mayor, bailiffs of civil and criminal cases, elected from citizens - ratman advisers.
The city was divided into parts and quarters by the number of buildings. Part of the head of the police department was private bailiff, in the quarter - quarter warden. All police ranks fit into the system of the Table of Ranks.
Police Leadership was assigned to provincial authorities: the provincial government decided all questions about the appointment and dismissal of police posts, the Senate controlled the police department in the capitals.
The charter of the deanery listed a number of offenses and sanctions related to the jurisdiction of the police authorities.
Development state system Russia in the first half
19th century + 24. The development of the state system of Russia in the second half of the XIX century.
Alexander I
The Unspoken Committee and the Committee of Ministers:
In May 1801. the emperor was presented with a project to create a special
"secret committee" for the development and implementation of state
reforms. "Unspoken Committee" stopped its activities in the spring of 1802,
the preparation and implementation of reforms began to be engaged in mini committee
str. Unlike collegiums, ministries were more efficient in management matters, they increased the personal responsibility of leaders and executors, and expanded the importance and influence of offices and office work. In 1802 it was formed eight ministries: military ground forces, naval forces, foreign affairs, justice, internal affairs, finance, commerce, public education.
Senate:
In June 1801, a number of decrees were sent to the Senate, in which they ordered to develop a system of rights and obligations of this body on an unshakable legislative basis, an attempt was made to restore the Senate as the highest body of government power. The Senate was instructed to put in order the current legislation, for which a special commission was formed under it. The Senate was to become the supreme guardian of laws.
The idea of transforming the Senate into a legislature was rejected by a "secret committee". The Senate was assigned the role of the highest judicial and supervisory body directly subordinate to the emperor.
Emperor headed the entire system of power, relying on an extensive bureaucracy. Until 1801, the supreme advisory body acted Council at the High Court, he was replaced Indispensable advice(in 1801), consisting of 12 members, which existed until 1810, when, as the highest legislative body developing bills (approved by the emperor), was created State Council.
State Council reviewed and prepared various legal
acts - laws, statutes, institutions. The main goal of his legislative activity is to bring the entire legal system to uniformity.
Judicial reform:
In the first half of the XIX century. were the upper zemstvo court, the provincial magistrate and the upper massacre were abolished.
Courts second instance in the provinces chambers of criminal and civil court. The Chamber of the Civil Court also performed the functions of a notary.
county court was the first authority in minor criminal and civil cases all estates of the county, except for the city (townspeople sued in town halls, magistrates, commercial and verbal courts).
Prosecutor's office locally handed over to Ministry of Justice.
in the parish, inhabited state peasants, acted
estate courts - volost reprisals whose police and judicial functions were regulated in detail by the charters of 1839.
Since 1808 began to form commercial courts, considering bill cases, cases of commercial insolvency, etc.
Others acted departmental courts- military, sea, mountain, forest, spiritual, communications, peasant courts.
in the capitals acted estate courts. Judicial
control carried out educated in 1802 Ministry of Justice
titions. The entire judicial system was based on class principles.
Nicholas I
Judicial reform of 1864
Prerequisites:
1) Before the reform the court in the empire was class;
2) There was no institution of protection;
3) Closed court hearings were practiced;
4) Judges appointed by the administration;
5) dominated "Formal Proof Theory".
Principles of Judicial Reform (November 1864):
1) The court has become unconscionable;
2) Procedural slavery of the parties;
3) Providing protection, participation of jurors;
4) Free assessment of evidence, the abolition of the Theory of Formal Proofs, the abolition of the definition of leaving in suspicion;
5) Litigation was separated from administrative interference and judges became independent and irremovable;
6) Some of the judges were elected;
7) Glasnost, publicity;
8) Equality of all before the law;
9) Prosecutor supervision.
Under the reform of 1864 arose two judicial systems: local courts, general courts. The judiciary is "a building without a foundation or a roof."
Local courts: volost courts, justices of the peace and congresses of justices of the peace.
General courts: district courts (established for several counties), judicial chambers for civil and criminal cases, and constitutional departments of the senate for civil and criminal cases.
Justices of the peace consisted of counties and cities, a county with cities - this was a world district. It was divided into sections of the peace, each had its own district justice of the peace. These judges were elected.
Requirements for judges: 1) at least 25 years of age; 2) the presence of special legal education or work experience; 3) a certain property qualification; 4) were elected for 3 years at county zemstvo assemblies.
justices of the peace cases were dealt with lesser crimes and misdemeanors. Punishments: arrest up to 3 months, monetary penalty, where the death penalty did not exceed 300 rubles, money matters that could end in reconciliation of the parties.
All other cases are handled by the District Court.
District courts were established for several counties, consisted of a chairman and members. Trial by jury operates at the level of district courts(model continental). jurors were elected from representatives of all classes.
Jury requirements:
1) Russian citizenship;
2) Age from 25 to 70 years;
3) Settlement requirement - at least 2 years.
jurors could not be, usually, professional lawyers, military, police officials and persons who held high administrative positions. jurors considered cases of crimes and misdemeanors that entailed punishments related to the deprivation of all rights of the state, as well as all or some special rights and advantages.
Thus, in the autocratic monarchy, power appeared, largely independent of it.
Zemstvo reform of 1864
It began on January 1, 1864. Elected bodies of local self-government are being created. This means that the reform bourgeois character. The bodies were engaged in education, health care, road construction, fire insurance, pest control. Zemstvos were created at two levels: counties and provinces. Zemstvo reform was based on curial system. Curia - a special category of voters, they are divided into groups according to some criteria. Curia three: 1) county landowners - landlords; 2) urban; 3) rural. There are vestiges of estates, but basically, all segments of the population are allowed to vote.
Elections: each curia meets and elects vowels for 3 years at the county, zemstvo assembly. This is the governing body. This is meeting in its turn elects executive bodies: county, zemstvo councils headed by chairmen. The chairman is approved by the governor, so the zemstvo depends on the administration.
Provincial zemstvo institutions. Once every 3 years, members of the county zemstvo assemblies elect vowels, the meetings, in turn, elect provincial zemstvo councils - an executive body headed by a chairman. The chairman is approved by the Minister of the Interior.
Urban reform of 1870
1870 - on the model of the Zemstvo was carried out urban reform. The model for reform was found in Prussia. Are being created stateless city governments, That's why bourgeois reform. These bodies are elected once every four years on the basis of a property qualification.
In addition to the property qualification, requirements: over 25 years old, Russian subjects. City electoral meetings were held every 4 years. These meetings elected the members of the City Duma. There were three assemblies, and each elected one-third of all the councillors. The meetings were attended only by those who paid city taxes (entrepreneurs, householders...). 1 meeting: included the largest taxpayers, they paid one third of total amount city tax; 2 meeting: smaller taxpayers, again pay one third. In Moscow, this is approximately 13 percent of the total number of voters - the 1st and 2nd curia. All the rest - 3 meeting. These meetings elect vowels to the City Duma, it is the governing body. They also form the executive body - the city government.. At the head of both that, and another - the city head. The city head was approved in county towns - the governor, in the provincial - the Minister of the Interior. City government depends on the administration.
Also created provincial presence for city affairs, his the chairman is the governor. This institution can cancel any decision of the city government, so there is a complete dependence of the administration. City government functions- mainly economic issues:
1) external improvement of cities;
2) water supply, sewerage;
3) fire fighting;
4) development of trade and industry;
5) organization public education and healthcare.
Formation of a constitutional monarchy in Russia. The State Duma.
The reason for the beginning of the revolution on January 9, 1905: 100 thousand workers come out with a petition to the king. The petition has two parts:
1) religious;
2) actually required the establishment of a constitutional monarchy and the introduction of basic democratic freedoms.
In the beginning of the revolution, 3 models of transformations were proposed:
1) conservative - it is necessary to change the political system as little as possible, but as little as possible. The emperor adheres to this course until the autumn of 1905;
2) liberal - Russia should develop according to the Western model: constitutionalism, parliamentarism, recognition of the rule of law, human and civil rights and state guarantees for civilized working and living conditions for people;
3) social democrats. Russia should have welfare state, it must protect and guarantee the rights of the working majority. This is a model in the long term building the foundations of socialism in the country.
In February 1905. the king signs 2 conflicting acts: "On the inviolability of autocracy", instructs Minister of Internal Affairs Bulygin to create imperial legislature bill. The project will be ready in early August, but will no longer suit Russia. From January to the end of 1905 the revolution in the cities proceeded along an increasing line. In the autumn of 1905, a general political strike begins., for the first time.
The tsar, under pressure from Witte, makes concessions and October 17, 1905 signs the manifesto "On the improvement of the state order" who proclaimed: 1) freedom of conscience, speech, assembly and unions; 2) involvement in the elections of the general population; 3) the obligatory procedure for the approval by the State Duma of all published laws. In his memoirs, Witte renounces the fact that he forced the king to sign the act. This is a manifesto, so the remaining provisions will be further detailed in other acts. The name itself recognizes that it is necessary to change the political system of the country.
At the beginning of the act, it is actually recognized that it appeared as a result of revolutionary actions, then 3 other provisions are formulated, which actually mean: Russia has embarked on the path of a constitutional monarchy.
Moscow, published Decree on Amending the Regulations on Elections to the State
Vienna Duma, which significantly expanded the circle of voters.
Almost the entire male population of the country over the age of 25, except for soldiers, students, day laborers and some nomads, received
voting rights. The right to elect was not direct and remained
unequal for voters of different categories (curia).
February 20, 1906 an act came out on the establishment of the State Duma, wherein determined its competence: preliminary development and discussion of legislative proposals, approval of the state budget, discussion of construction issues railways and establishment
joint-stock companies. The Duma was elected for five years. Duma deputies
were unaccountable to voters, their removal could be carried out
Senate. The Duma could be dissolved ahead of schedule by the decision of the emperor.
With a legislative initiative, the Duma could include ministers who
missions of deputies and the Council of State.
Simultaneously with the act on the establishment of the Duma, a new Regulations on the State Council, which was reformed and became the upper house, which had the same rights as the Duma. All bills adopted by the Duma were then to be submitted to the State Council, and only if they were adopted by the Council, be submitted to the Emperor for approval. Half of the reformed State Council were elected members, half were members
value”, the chairman and vice-chairman were appointed annually by the emperor.
Basic laws of the empire in 1906. The content of the laws:
1) fix the unitary form of government;
2) fixed special status for Finland. Finland has always been in the empire in a special position;
3) fixed the status of the Russian language as the only one in the state.
4) at the emperor supreme power, autocratic. The Emperor shares legislative power with the State Council of the State Duma
5) at the king there is a mechanism that allows emergency legislation
6) the king had the right of initiative in all laws, questions. Only the tsar could take the initiative to revise the basic laws of the empire, but only the State Duma changed the provision on elections and the basic laws.
7) Executive power is entirely vested in the emperor., he appoints and removes ministers, including the first minister
8) The power of the judiciary is entirely vested in the Emperor.
9) He has military power. He also declares the area a state of emergency.
10) Foreign policy is entirely the prerogative of the emperor.
In the basic laws of the empire, for the first time, the rights and duties filed:
1) universal conscription for males;
2) obligation to pay taxes, legally separated duties and fees;
3) no one can be persecuted, not otherwise than for a criminal act defined by law;
4) Detaining a person in custody is possible only if it is determined by law;
5) home inviolability;
6) right of assembly;
7) freedom of speech within the limits established by law;
8) the right to form unions;
9) inviolability of property;
10) the right of the subjects to change their place of residence, freely travel outside the state;
11) the right to choose occupations;
12) the right to acquire and alienate property.
Civil law.
All-Russian Central Executive Committee in April 1918 accepted Decree on the abolition of inheritance , according to which all types of inheritance(by law and will) were cancelled. After the death of the owner, the property belonging to him became state property, the hereditary mass was limited to the amount of 10 thousand rubles (all other property became the property of the state) and acted
relatives of the deceased in the form of a “social security measure” on the right to manage and dispose.
May 1918 - Decree of the All-Russian Central Executive Committee on donations , prohibiting any "gratuitous provision (transfer, assignment, etc.) of property worth more than ten thousand rubles." There was a sharp reduction in trade turnover from which the nationalized property, securities (shares, coupons) were seized.
State monopoly for bread, textiles, oil, matches has reduced the trade turnover to the limit. The system of glavkism excluded commodity-money relations between enterprises, foreign trade monopoly excluded individuals and private capital from the sphere of export-import relations. Natural product exchange supplanted monetary relations.
Family law.
In December 1917, the All-Russian Central Executive Committee and the Council of People's Commissars accepted decrees abolishing all restrictions(parental permission to marry, difference in religion of the spouses, etc.), legitimizing only the civil form of marriage, establishing the freedom of divorce.
In September 1918, the All-Russian Central Executive Committee accepted Code of laws on acts of civil status, marriage, family and guardian law. The Code emphasized that church marriage does not give rise to any legal consequences; the move of one of the spouses does not entail the obligation of the other to follow him; the principle of community property of spouses was abolished.
The upbringing of children was seen as a public duty of parents, and not as their private affair. proclaimed principle of separation of property of parents and children adoption was prohibited.
Labor law.
In December 1917, the All-Russian Central Executive Committee accepted Unemployment insurance policy and Decree on health insurance . These measures of social protection were provided from the funds of enterprises. In the spring of 1918, a new labor inspectorate was formed, elected by the trade unions.
In December 1918. the first Labor Code RSFSR (KZoT), developed by the People's Commissariat of Labor and the All-Union Central Council of Trade Unions and summarizing all previous Soviet labor legislation.
April 1919 Council of People's Commissars issued Decree on general mobilization , implemented the proclaimed principle of labor service. June began introduction of work books, tightened the system of control over workers. The mobilization of unskilled labor was withdrawn from the trade unions and transferred to the People's Commissariat of Labor.
Land law.
In February 1919, the All-Russian Central Executive Committee published Regulations on socialist land management and on measures for the transition to socialist agriculture . All land was defined as unified state fund. The fund was under the direct control and disposal of the relevant people's commissariats. State farms, communes, societies for the joint cultivation of the land were created. All forms of individual land use are considered to be obsolete. The goal is the creation of a single production economy and the gradual socialization of land use.
Criminal law.
In December 1919. People's Commissariat of Justice accepted Guiding Principles in Criminal Law RSFSR, which became the first attempt to generalize the practice of courts and tribunals. They consisted of an introduction, sections on the essence of criminal law, on criminal
justice, crime and punishment, stages of committing a crime, complicity, types of punishment, probation, space
actions of criminal law. The legislator refused to exhaustively and completely standardize all relations, relying on social sense of the proletarian court.
When imposing punishment, the court had to take into account the degree and nature of the social danger of the offender and his social affiliation. The punishment was to be based on expediency its application.
Constitution of the RSFSR 1918
The basis of the Constitution of the RSFSR in 1918 was decrees of the Soviet government and Declaration of the Rights of the Working and Exploited People.
The drafting of the Constitution was Constitutional Commission(Chairman - Ya.M. Sverdlov), created under the All-Russian Central Executive Committee. The project process took 4 months and was accompanied by polemics and discussions.
The constitution was adopted July 10, 1918 on the V Congress of Soviets, published in Izvestia of the All-Russian Central Executive Committee on July 19, 1918 and then entered into force.
Basic principles of the Constitution were formulated in
six sections:
I. Declaration of the Rights of the Working and Exploited People;
II. General provisions of the Constitution of the RSFSR;
III. Design Soviet power(organization of Soviet power in the Center and locally);
IV. Active and passive suffrage;
V. Budget law;
VI. On the emblem and flag of the RSFSR.
The Declaration defined social basis new statehood - dictatorship of the proletariat and her political basis - the system of Soviets of Workers', Peasants' and Soldiers' Deputies.
State structure RSFSR wore federal character, subjects of the Federation were national republics.
supreme authority The constitution proclaimed All-Russian Congress Soviets of Workers', Soldiers', Peasants' and Cossacks' Deputies.
The congress elected those responsible to it All-Russian Central
Right.
Systematized in this way, the norms will be “ a binding right for all", while all further legalizations will be only technical instructions. This first approach to the question of the system of law was due to the practical necessity associated with the formation of the system of Soviet legislation.
20s became a period of intensive codification work. have been adopted and are in effect. Civil, Criminal, Land, Civil Procedure, Criminal Procedure Codes, Labor Code, projects developed Economic, Commercial, Industrial, Cooperative, Administrative codes.
ZK consisted of Main provisions and 3 parts:
1) On labor land use;
2) On urban lands and state land
property;
3) About land management and resettlement.
ZK proclaimed abolition of private property on land, subsoil, water and forests. All agricultural land was combined into unified state land fund, administered
Narkomzem.
All transactions with land (purchase, sale, will, donation, pledge) were prohibited under pain of criminal punishment.
The state could only grant land for possession and use.
Right of Use labor landowners and their associations, urban settlements, government agencies and enterprises. Right to use land for agriculture
provided that all citizens of the RSFSR had it processed by their own labor.
The land was granted for perpetual use,
which could be terminated only on the basis of
Usage wage labor had restrictions: all able-bodied members of the peasant economy had to participate in agricultural work on an equal basis with hired workers, whose working conditions were regulated by the Labor Code of the RSFSR.
ZK established the following land use forms: communal with leveling redistribution between courtyards, precinct(bran and farm plots) and friendly(agricultural commune, artel, partnership for the public cultivation of the land).
As an exception, ZK allowed land lease, which was of a labor nature. The lease term was limited to one crop rotation. Renting was allowed in the event of a temporary weakening of the peasant economy due to a natural disaster, lack of labor, crop failure.
The LC established the legal status peasant's yard, which was an association of members of one or more families living in the same house and leading a joint household. At the head was the father of the family - a householder who led the peasant household. The LC granted the right to replace the householder in case of unsatisfactory management of the yard, which was formalized by a resolution of the volost executive committee with the permission of the village council.
By CC right of consideration land disputes endowed land commissions.
Criminal law eliminates emergency punitive measures, characteristic of the period civil war, the plurality of normative acts of federal and republican significance, receives a clear division into the General and Special parts and ends with the adoption in 1922 of the Criminal Code of the RSFSR.
UK gives general concept crimes, highlighting public danger and illegality, Availability intent or imprudence, however, recognizes as a crime any action and inaction that threaten the foundations of the Soviet system and the rule of law. Thus, arbitrariness in bringing to criminal liability without guilt is legitimized, which became possible only on the basis of the social danger of a person, the presence or absence of which was established by the court.
UK declares legal analogy and retroactive force of criminal law, which in practice leads to increased judicial discretion in assessing the offense
and sentencing.
Among the criminal acts excluded speculation , which was due to the implementation of the NEP.
A feature of the Criminal Code was the introduction of compositions counter-revolutionary crimes as the most dangerous.
counterrevolutionary any action aimed at destroying revolutionary achievements, the overthrow of Soviet power, the provision of assistance to the international bourgeoisie, whose goal was to overthrow the Soviet system through intervention, espionage, financing, etc.
concept punishment becomes part of social protection measures, the purpose of which is the general prevention of new violations by the offender or potential offender.
As capital punishment envisaged sm
The fact that the creation of a unified state required large-scale government reforms in governance does not need proof. But reform activity in the 16th century has deeper roots.
By the end of the XV century. it turned out that, having spent tremendous efforts in the struggle for the creation of a national state, Russian society is in a kind of impasse and does not know what the political and spiritual paths of the country's development are. Therefore, the basis of the reforms was not only the improvement of management, but also the involvement of all classes of society in state building on the basis of the ideology of national unity. As V.O. Klyuchevsky, "the affairs of Moscow intensely evoked the idea of nationality, of the people's state." The dominant idea in political ideology was the idea of universal truth embodied in the state. Christian truth in Russia was patronized by God. The theory "Moscow - the third Rome" at the same time eliminated the inequality of Moscow in European relations and affirmed the eternity and inviolability of the third Rome.
However, the future of the country was not clear to the Church itself. By the beginning of the XVI century. in the church environment, two theoretical currents collided: the Josephites and non-possessors. The followers of Nil Sorsky, the nonpossessors, defended the spiritual role of the Church in the state. More realistic Josephites advocated an economically powerful Church, which, in alliance with princely power, is capable of leading society. The victory of the ideology of the Josephites was largely determined by heretical ferment, which required forceful counteraction.
At the end of the XV century. In Russia, a large-scale heresy of the "Jews" spread (it got its name from its distributors, "Jews" Sharni and others, who arrived from the West), directed against the fundamental foundations of the Christian dogma. In the fight against heresy, executions were used, it was futile to influence heresy by "spiritual persuasion." But the heresies were based on social causes, and the breakdown of society, caused by the economic and spiritual strain of the people in the struggle for a national state, financial and economic trouble. The huge monetary needs of Russia inevitably gave rise to popular nihilism, and in the first half of the 16th century. followed by an explosion of crime. It acquired professional forms, bandits of robbers spread.
In such difficult conditions, Ivan III and Vasily III carried out careful transformations in the state apparatus, administration, and limited the role of the feudal elite. Changes were made in three directions. The first is the creation of a centralized command system. The second direction concerned the most important link - city management. By the beginning of the XVI century. in the cities there appeared positions of city clerks, henchmen of the central government, in whose hands the management of the defense of cities, the command of the garrison, the collection of funds, the police service, etc. were concentrated; city administration was unified. The third direction of reformism was associated with the restriction of the activities of kormlenshchikov (deputies and volosts), whom the Grand Duke appointed from among the large feudal lords to collect taxes, govern and judge. "Feedings" caused abuses of power, and the state began to limit the period of feedings to one or two years, to regulate the size of their apparatus and the norms of bearers.
In the Sudebnik of 1497, the vicegerency with "boyar court" and "without boyar sul" is distinguished. The difference is that the governors with the "boyar court" could no longer act independently, they were controlled from the center. At the same time, the Sudebnik endowed the ordinary population with the rights to control the governors. He ordered the elders and " the best people"(to undefiled citizens) to be present at the court of the governors (Article 38).
The beginning of large-scale transformations.
Financial reform of the 30s of the XVI century.
After death Basil III The boyar government of the Dowager Princess Elena began large-scale transformations. They started in the financial sector.
The impetus was the execution in Moscow in 1533 of a gang of counterfeiters who were engaged in counterfeiting money in many cities of Russia. For several years of financial transformations (until 1538), money damaged in circulation was replaced and a unified Russian monetary system was introduced with the withdrawal of "specific" money. At the same time, the minting of money was transferred to the prerogative of the state treasury. Transformations continued until the 50s of the 16th century, when tax changes took place.
Until the middle of the XVI century. in Russia there was no single tax unit of taxation, taxes were numerous and "scattered" (yamsky money, fed, polonyanchie, etc.). In the 1550s, after the census of the lands, a single unit of taxation was introduced - the "big plow", it fluctuated depending on social affiliation. The old taxes (food money, polonian, etc.) have been preserved from - part, but the introduction of a single tax system indicates a major step forward.
Zemstvo and lip reforms
The boyar government carried out the most interesting transformations of that time - zemstvo-labial and judicial. The first documents about these reforms date back to the 30s of the 16th century. Transformations gained momentum, reaching a climax in the mid-1950s. Their essence was that two types of institutions were created on the territory of the country - "zemstvo huts" and "lip huts". They performed the role of self-government bodies, in which free, undefiled by court citizens were involved. Zemstvo huts performed economic functions (although to some extent they were involved in the fight against crime), collected taxes, they were responsible for the construction of roads, public buildings, the duty to populate empty lands, maintain arable land in proper condition, etc. These institutions were the prototype of future Russian zemstvos.
Zemstvo reform was carried out especially intensively in the black-sown North, where commodity exchange developed early, and the buying of land was practiced among the peasantry. The peasant business leaders and merchants were interested in the reform. For obtaining self-government autonomy, the population paid monetary compensations, since the role of governors and volostels during the introduction of zemstvo huts was sharply limited, and later they were abolished. But despite these payments, the citizens were interested in the reform, especially the wealthy strata, who formed the backbone of the new zemstvo administration - the elders, heads, kissers.
Lip huts were formed according to the type of zemstvos, but they were charged with fighting crime. Having their own staff and investigative apparatus, the labial huts performed all the necessary actions: they searched for and arrested criminals, interrogated witnesses.
teletels, etc. They had prisons with security at their disposal from the local population.
They passed sentences and implemented them. The main struggle of these bodies was directed against professional crime and robber gangs.
Judicial reform
Zemstvo-labial transformations were accompanied by a judicial reform. Proceedings and sentencing were concentrated in the hands of the zemstvo-gubernia administration. But this was done together with the so-called "good people" who were elected by the local population. The concept of "kind" meant: a fairly stable financial position, integrity in court, the trust of the free population. "Good people" participated in the trial, the administration from their composition certified the documents of the court with signatures. They had the duty to classify the defendant as professional criminals or ordinary ones, which was taken into account when sentencing.
The involvement of "good people" in judicial activities has much in common with the reforms of Henry II in England in the 12th century, as a result of which the jury was subsequently formed. N. E. Nosov pointed out that in the Russian reform a type of juror was also created in the person of "kissers" and "good people", but this process was hindered by the policy of Ivan IV.
Military conversions
After the wedding of Ivan IV to the kingdom and the Moscow unrest in 15471-549. the role of the government group, which is often referred to as the "Chosen Rada" and which included
A. Adashev, priest Sylvester, A. Kurbsky, Kurlyatev. During this period, reforms covered new areas of the country, the Sudebnik of 1550 and Stoglav of 1551 were adopted. domestic politics devoted to military matters. The feudal militia was of little use. Special categories of people appeared: pischalniks, archers, gunners. The noble cavalry began to play the leading role. The verdict of 1550 introduced a clear division into regiments (large regiment, regiment of the right hand, left hand, advanced) with the subordination of the troops to the governor of the large regiment. Any disputes about seniority and parochialism during the hostilities were prohibited.
In 1556, the "Sentence on feeding and services" was approved; military service was fixed as an obligation of the subjects of the sovereign, and not an agreement between the feudal lord and the overlord. The feudal lord of any rank, the patrimony and the nobleman, were obliged to personally carry out military service and, in addition, from 100 quarters of the land, one fully armed horseman. Compensation was paid for each rider (1-2 rubles). The state had no other means of providing service, except for land, the creation of a class of warriors provided with land preserved feudal relations. The second part of the "Sentence" recognized the negative role of feeders (deputies and volosts), who allowed abuses, pointed out the dissatisfaction of the population with them. Feedings were canceled, they were instructed to create zemstvo-labial organs everywhere.
By the end of the 1550s, the reforms were gradually fading away, the governmental group "The Chosen One" fell into disgrace, and the situation in the country changed dramatically.
General assessment of the reforms
AT scientific literature There are several points of view on reforms. So, V. Kobrin believed that they were aimed at the centralization of the state, which was never completed. Other researchers (N. Nosov, A. Zimin, A. Khoroshkevich) believed that in the first half of the 16th century. before Russia, as well as before other countries of Europe, there were two ways - feudal and bourgeois (or pre-bourgeois), and the reforms were aimed at the bourgeois reorganization of society, but did not receive sufficient development. main role the oprichnina played in this.
Oprichnina
There are still many mysteries in the history of the oprichnina. It interrupted a series of brilliant reforms, and its consequences affected society for decades. There is no consensus on the causes of the oprichnina. From the point of view of S. Platonov, the oprichnina was directed against the orders of specific antiquity. Other researchers consider the oprichnina an alternative to Western parliamentarism (D. Alshits), emphasize the importance of Ivan IV's personal qualities, his stubborn desire for autocracy and mental qualities. There is a widespread point of view that the oprichnina was the result of a struggle between the boyars and the nobility (P. Sadikov); it was developed in the era of the triumph of the teachings of Marx-Lenin-Stalin, since it came into contact with the theory of class struggle more than others. In our opinion, the oprichnina is the worst option for resolving the nationwide problems of governing the country in the conditions of the Livonian War and growing financial needs. The total centralization of the unrestricted autocracy of Ivan IV suppressed democratic transformations, the country turned onto the path of conservative feudal evolution.
A few years before the introduction of the oprichnina, tsarist disgrace and repression began to intensify, military operations on the Livonian front were far from the desired success, politics began to come to a standstill. On December 3, 1564, the tsar and hundreds of carts loaded with jewels, treasury and icons, together with his close associates and their families, left Moscow, leaving civil servants, boyars, and the entire population in the dark about future plans. After wandering around the Moscow principality for a month, the tsar appeared on January 3, 1565 in Aleksandrovskaya Sloboda (town of Alexandrov). Society by this time was quite agitated. The messengers of Ivan IV conveyed to the capital the tsar's threats of abdication, spoke of his desire to punish "traitors and villains", for which he demanded that they be executed and put "opals", confiscate property at their own discretion. In other words, it was about changing the entire criminal procedure legislation. At the same time, the tsar demanded to establish a special staff of posts for himself, to divide the governing bodies and territories into oprichny (from the word - oprich - except) and zemstvo. The bewildered Boyar Duma agreed, and a submissive delegation from Moscow arrived in the settlement.
The oprichnina included two main aspects: the policy of repression and the division of the state (territory, administration, orders, etc.) into oprichnina and zemshchina. Throughout the reign of Ivan IV (until 1584), the forms of carrying out the disunity of the country changed, the autocracy of the monarch increased, and his lack of control over the law and the Church grew. Ivan IV in his theoretical views considered himself equal to God himself, with the right to execute and pardon everyone and everything. Until the end of his reign, a policy of countless executions was practiced. A highly educated and talented man, a subtle diplomat who began his reign with brilliant reforms, Ivan IV ended his life as an irresponsible ruler in a country where "great ruin" was raging. The Russian idea of power as a service to God and the state was distorted, the suppression of the dynasty (the murder of one's own son) prepared the imminent great turmoil.
Zemsky Sobor (1549)
The beginning of the reforms was the convening of the first Zemsky Sobor (1549) - an advisory body, which included representatives of the nobility, clergy, merchants, townspeople. Issues of foreign policy and finance were discussed at the Zemsky Sobor, and complaints were heard.
The Council decided to replace the outdated Sudebnik of 1497 with a new one and formulated a program of reforms.
Reform of the central government
As a result of this reform, a new system of central government bodies was created - orders specialized in the type of activity.
By the middle of the XVI century. in Russia there were about 20 orders. A. Adashev headed the Petition Order, which dealt with complaints and exercised supreme control; I. Viskovaty - Ambassadorial order, regulating relations with foreign countries; The big order was in charge of finances; Local - distributed land for service; Bit - was responsible for the organization of the noble militia; Rogue - for the protection of law and order. Each order was headed by a noble boyar, to whom clerks and clerks were subordinate. The orders were in charge of tax collection and the courts. Subsequently, with the strengthening of the specialization of the civil service, the number of orders also increased.
The reform of legislative norms led to the creation of the Sudebnik of 1550, which confirmed the right of peasants to transfer from one feudal lord to another only on St. George's Day and increased the payment for the "elderly".
For the first time, liability for bribery was established. The general trend towards the centralization of the country led to modifications in the taxation system, which was also legally enshrined in the Sudebnik of 1550. A single tax collection unit for the entire state was established - a large plow. Depending on the fertility of the soil, the social status of the plow could be from 400 to 600 hectares of land.
Reform of the local government system. In 1556 the feeding system was abolished. Service people began to receive remuneration in the form of assistance, which was allocated by a centralized fund. According to the lip reform, power and judicial functions were assigned to the lip elders, who were elected from local nobles, in the black-mossed cities - to the zemstvo elders, who were elected by the black draft peasants and townspeople. The labial and zemstvo elders were assisted by kissers, labial and zemstvo deacons (secretaries). This reform provided an influx of additional funds to the treasury, strengthened the position of the nobility in the local administrative apparatus.
military reform.
In 1550, a permanent archery army was created from pishchalnikov in Moscow. He was armed with squeaks and edged weapons - swords and reeds. The personal protection of the king was provided by a special detachment of 3,000 people. By the end of the XVI century. the number of streltsy troops reached 25 thousand people. The army was divided into Moscow and city orders. Streltsy were obliged to participate in hostilities, in peacetime to engage in military training, to carry out guard duty. In their free time, they were allowed to engage in crafts and trade. The permanent archery army became a powerful fighting force of the Muscovite state. The Code of Service was drawn up - the first military charter, according to which two forms of military service were established: by fatherland, that is, by origin; by instrument, that is, by set. The Cossacks from the Don also poured into the army. In 1571, the first Charter was drawn up for the organization of the guard and stanitsa service. By the end of the XVI century. the Russian army exceeded 100 thousand people. The reforms carried out have strengthened the country's armed forces.
Church reforms. At the Stoglavy Council, so named because its decisions were formulated in 100 chapters (1551), important decisions were made that reflected changes in the socio-political situation in the Russian state.
Russia in the 16th century. From the policy of reforms to the oprichnina terror. Oprichnina and its consequences for the country
The struggle to achieve the main strategic goals in the field of domestic and foreign policy continued into the 16th century. This century is inextricably linked with the name of the first Russian Tsar Ivan IV (1533 - 1584), nicknamed the Terrible for cruelty. In the activities of Ivan the Terrible, two stages are distinguished: pre-oprichny and oprichny.
During the first period, the government of Ivan the Terrible (the Chosen Council) carried out a number of important structural reforms aimed at strengthening the centralized apparatus of power. Convocation of Zemsky Sobors-assemblies of representatives of estates; publication of a new Sudebnik; creation of central government bodies; the abolition of the feeding system and the reform of local government, partially ensuring its election; the introduction of a uniform order of organization of military forces and the creation of a streltsy army; taxation reform - all these measures increased the centralization of the state, the effectiveness of management, contributed to the formation of a class-representative monarchy. The reforms of the middle of the 16th century led to major military successes: the Kazan and Astrakhan khanates were annexed to Russia, the Middle and Lower Volga regions, as well as the Southern Urals, were included in the state. The possibility of further advance to the east, to Siberia, opened up. ( Siberian Khanate was destroyed and annexed at the end of the 16th century).
However, the dissolution of the Chosen Rada in 1560 meant the beginning of the transition to the second stage of the reign of Ivan IV, associated with the oprichnina and the oprichnina terror. In 1565, with the help of a clever political maneuver, Ivan IV secured the right of unlimited power, the establishment of the oprichnina - the sovereign's inheritance with a special territory, army and state apparatus. Immediately after this, terror began, which fell first on the feudal aristocracy, and then on other sections of society. The culmination of the oprichnina terror was the end of 1569 - the beginning of 1570, when Novgorod was subjected to a barbaric rout, allegedly plotting treason and wishing to go to Lithuania. On the way to Novgorod, the guardsmen staged bloody pogroms in Klin, Tver and Torzhka.
As a result of the oprichnina, Russia found itself in a deep economic situation. and polit. crisis, the cat smoothly passed at the end of the 16th century into Time of Troubles
After a terrible fire broke out in Moscow in June 1547 (as a result of which almost the entire city burned out, many people suffered). An angry mob broke into the Kremlin and plundered the yards of the Glinskys (whom they accused of arson). Tsar's uncle Yu.V. was killed. Glinsky. The tsar took refuge in the village of Vorobyevo and with difficulty persuaded the crowd to disperse.
The events greatly influenced the king (frightened) and convinced him of the need for reforms.
Ivan 4 brought closer to him a group of advisers called the Chosen Rada (it was headed by the devious A.F. Adashev and the unofficial confessor of the Tsar Sylvester).
The elected council is credited with carrying out the reform of the mid-16th century (it is believed that elected glad could not exist at all, and we are talking only about the nomination of certain advisers).
A number of measures were taken to limit parochialism. Church land tenure was affected by changes: there was a ban on the acquisition of land by the church without a report to the government, and part of the land was confiscated from it under various pretexts. The tax reform also affected the church - some tax privileges of the church were canceled. In the course of the reform, a single taxable unit, the plow, was introduced.
Military reforms began in the mid-16th century. Was created:
· Streltsy army;
The Chosen Thousand.
The Streltsy army - it did not dissolve in peacetime and consisted, like gunners, of townspeople and "black" peasants. Due to military reform In the 16th century, the redistribution of estates and estates was required, since they were payment for service (for the nobles and boyars obliged to it).
The "Chosen Thousand" is a particularly reliable part of the army, consisting of 1078 nobles, who the tsar settled in the Moscow district and provided them with estates.
In 1549 - the first body of the estate representation of the country was convened - the Zemsky Sobor. By his decision, a new Code of Laws was drawn up and approved (1550), which consolidated the results of the reforms.
In 1551, the Stoglav Church Council took place. It got its name from the number of chapters in which its decisions were summarized.
In the mid 50s. - Ivan the Terrible carries out a series of new reforms of the 16th century. The system of orders is finalized. The order was called the state administrative body of the central government, which was in charge of a certain area (the Ambassadorial order dealt with diplomacy, the Bit - service people, etc.).
Zemstvo reform of the 16th century was carried out. In 1555 - the abolition of "feeding". Officials, "favorite heads", zemstvo elders began to deal with the court, the collection of taxes.
In 1556, the “Code of Service” was adopted, according to which service people put up one combat serf from 150 acres of land (a specially trained servant who went on a campaign with the master).
As a result of the military reforms of the 16th century in Russia, the military force is so significant in foreign policy strengthened significantly.
