Code of laws - what is it? Meaning and definition

Table of contents:

Code of laws - what is it? Meaning and definition
Code of laws - what is it? Meaning and definition
Anonim

Law is a system containing obligatory, formally fixed normative acts, prescriptions and rules established and implemented by the state. Through law, society expresses its interests, gives individuals subjective rights, but at the same time imposes obligations as well. Economics, politics and the state have close relationships with law. Without him, these spheres would simply be out of control, and chaos would reign in them. No state is conceived without law. Without it, its existence is simply impossible. In order for citizens to live in peace and order, there are various laws and regulations that regulate almost all areas of human activity. Law is an integral part of modern society. Without it, it is simply impossible to imagine our life, which goes on during our daily routine. After all, we don’t even think that, performing even the simplest actions, we are largely guided by the rule of law.

Code of Laws is this?

code of laws is
code of laws is

In order to consider the features of codes of laws and their history, let's give a concept to this definition. The code of laws is a systematized and ordered collection of existing civil lawlaws.

Legal monument of the world

Russian code of laws
Russian code of laws

One of the very first written laws were the laws of Hammurabi, which are a monument to the entire legal system. These laws are the legislative code of the period of Ancient Babylon in the 1750s BC. The main text has been preserved. In Akkadian, it is available in cuneiform on a cone-shaped diorite stele. It was found in 1901-1902 during an expedition of French archaeologists. Modern researchers divide the Laws into 282 paragraphs, which regulate a variety of issues: legal proceedings, protection of property of various forms, marriage and family relations, private and criminal law.

The purpose of the creation of Hammurabi's laws was to unify and supplement the operation of unwritten norms of behavior in the legal order that existed at that time. The Babylonian legal system for that time was a real breakthrough, and in terms of the complexity of the structures, it was later surpassed only by the legal system of Ancient Rome. The laws of Hammurabi are thought out and distinguished by their harmony in the process of legal regulation. Also, this set is characterized by the absence of religious features, which makes it a legislative act in full.

The very first in Russia

code of laws of the empire
code of laws of the empire

The beginning of the creation of the first written code of laws in Russia belongs to Yaroslav the Wise. It was called "Russian Truth" and was a collection of the legal norms of Kievan Rus that existed at that time and a source of law. This set retained its value until 15-16century. Criminal, hereditary, commercial and procedural legal norms were the first to be fixed in writing and were the source of legal relations in the Old Russian state. A brief edition was made by "The Truth of Yaroslav", "The Truth of the Yaroslavichs", Pokonvirny, Lesson to the Bridgemen.

Vira is a measure of punishment for murder, which consisted in collecting money from the perpetrator. Bridgemen are bridge builders. The short edition of the code of laws is 43 articles. Its first part includes the most ancient part, which speaks of blood feud, the absence of a clear differentiation of pen alties. The second part is already more advanced and is characterized by the presence of higher pen alties for the murder of members of the privileged strata of society.

Russian Empire

first set of laws
first set of laws

The code of laws of the Russian Empire is one of the most famous codes in world history. Officially published and arranged in thematic order, the legislative acts of the Russian Empire were prepared by the Second Department, headed by M. M. Speransky. The first output of the code of laws is the Nikolaev epoch. Then, until the beginning of the October Revolution of 1917, the laws were periodically republished in whole or in part. The set included 15 volumes that regulated relations, rights and obligations:

- provincial institutions;

- public finance;

- status rights;

- administrative law;

- civil law;

- criminal law, etc.

The set also containedpointers and help desk. Later, a volume of laws on legal proceedings was added to the main code of laws of the Empire. The code of laws of the Russian Empire has become a new stage in the history of the development of the law of our country. After unsuccessful attempts to systematize legislation since the beginning of the 18th century, success was finally achieved, and the legality of legal relations was ensured. Scattered in different sources and often unknown to anyone, the norms were brought together. The main legal concepts were formulated, the formation of the Russian legal system began. However, like any undertaking, the official first set of laws of the Russian Empire had its drawbacks. It was characterized by some cumbersomeness, incompleteness, archaism and inconsistency.

Short Chronology

code of Russian laws
code of Russian laws

In February 1833, Nicholas I issued a manifesto on the enactment of the Code of Laws. The Russian man, Mikhail Mikhailovich Speransky, who was entrusted with the work of compiling the code, was not frightened by the forthcoming amount of work. In 1930, under his leadership, the "Complete collection of laws of the Russian Empire" was already issued. To check whether this or that act has legal force and whether it contradicts others, special audit committees were created, which were formed under the ministries, as well as the main departments. As the only true legal code, the Code of Laws appeared before the State Council in 1933. For the work done, M. M. Speransky was awarded the Order of St. AndrewFirst-Called and Count.

Code Levels

written code of laws
written code of laws

In the structure of the new first code of laws of the empire, two levels were singled out. The first was the nationwide Code, the provisions of which extended throughout the empire. The second level is local codes (particular law) that acted in relation to certain lands and their inhabitants. The laws were compiled not by chronological basis, but by industry.

Volume structure

In the Russian Empire, the Code of Laws is fifteen volumes devoted to various aspects of society. The structure is:

  • 1-3 volumes - the basic laws of the state and provinces;
  • 4th - statutes that determined recruitment and zemstvo duties;
  • 5-8 volumes - tax and duty charter, drinking tax;
  • 9th - class laws and rights;
  • 10th - civil and boundary laws;
  • 11-12 volumes - regulations on credit and trade institutions, laws of factories, factories and handicrafts;
  • 13-14 volumes - statutes of the deanery;
  • 15th - criminal law.

In 1842 and 1857, the Code of Laws underwent a complete reprint, and after that, individual volumes changed, and various additions and changes appeared. The last edition of the Code appeared in 1906.

Recommended: