Codification of Russian laws under Nicholas I began in 1826. As a result of the long work of a large number of lawyers, a Code was prepared, which included all the acts and norms that were in force on the territory of the empire. This collection of laws with applications and explanations was published in 1833.
The issue of cumbersome legislation
By the time of the accession to the throne of Nicholas I, the codification of laws became one of the most urgent tasks facing the Russian authorities. The problem was that over the course of many decades, new codes, codes and decrees appeared in the country, which sometimes contradicted each other. Codification was needed in order to systematize the laws, bring them into a single understandable order.
The predecessors of Nicholas I, including his grandmother Catherine the Great and elder brother Alexander I, took up this problem. The new ruler took up codification immediately after he was on the throne. Nicholas came to power against the backdrop of the Decembrist uprising, organized by supporters of political reforms in the country. For the rest of his life, Nikolai made decisions, looking back at the events of 1825. For him, the codification of laws was one way to strengthenstate structure.
Inefficient legal system
The fact that the power apparatus was inefficient and overloaded with relics of the past was no secret to anyone. Often the actions of different bodies or officials contradicted each other due to legal loopholes and holes in the laws that regulated their work. In addition, this abnormal situation has become fertile ground for the growth of corruption.
Codification of laws was entrusted to Mikhail Speransky. For some time he was close to 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 ended up in an honorable exile. Now Nicholas I returned it to service, hoping for the experience and deep knowledge of the reformer. Speransky immediately began to send memos to the emperor, in which he outlined the activities of the previous commissions for the transformation of legislation and plans for the upcoming codification.
Establishment of the Second Division
Nicholas I approved the ideas of Mikhail Speransky. In April 1826, the Second Department of the Imperial Chancellery was created specifically for the forthcoming work on the analysis of legislation. A clear goal was set for the new body - to draw up a Code of Laws of the Russian Empire. Codification was carried out by many editors. They were given all the necessary resources. Lawyers had to check a colossal mass of documents. Speransky and his subordinates enjoyed the fruits of the work of the former Commission for drafting laws of the time of Alexander I, which did not have time to complete itsjob.
Jurists, jurists, historians, statisticians and important statesmen began to work in the Second Department. Here is just an incomplete list of names: Konstantin Arseniev, Valerian Klokov, Pyotr 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 joining forces, they were able to do the seemingly impossible. The codification of laws had previously been considered improbable. Suffice it to say that specialists had to include in the future Code documents dated to the 17th century and still in force on the territory of Russia.
Collection of documents
The original papers were stored in various archives scattered throughout the country. Some documents had to be searched in the buildings of the abolished institutions. Such bodies were: the Collegium of Foreign Affairs, the Estate Department, closed orders, etc. The codification of Russian laws was also complicated by the fact that there was still no single register by which the compilers of the Code could be verified. 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 included more than 53,000 acts adopted in different centuries.
In St. Petersburg, they demanded rare books that could be found and delivered for weeks. The codification of the laws of the Russian Empire also consisted in the revision of the text. Specialists compared several editions, analyzed old sources,checked their eligibility, entered and deleted from the register. Many acts actually duplicated each other, although they could have been adopted 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 Code.
Analysis of historical acts
The starting point for the Second Division was the Cathedral Code, adopted in 1649 under Tsar Alexei Mikhailovich. Lawyers included this collection and all subsequent laws in the Code. Even canceled and inactive documents got there (as an appendix in the Complete Collection). At the same time, a special commission simultaneously took up the analysis of surviving sources dated earlier than 1649. They were published separately as an independent publication under the title "Historical Acts".
Codification of laws under Nicholas 1 took place according to the following principle. A certain area was taken (for example, civil). She was studied separately from others. At the same time, the same civil legislation was divided into several historical periods. This facilitated the process of systematization, although it was still difficult. Particularly painful was the work on criminal legislation. A review of its historical development was compiled over several months. In July 1827, the result of this work was presented to the emperor as a "pen test". He was pleased. The codification of laws under Nicholas 1 took place slowly but surely.
Rules for compiling the Code
Organizing the work of the Second Section,Mikhail Speransky decided not to take risks, but to take former foreign experience in such enterprises as a basis. It didn't take long to search. The recommendations of Francis Bacon were chosen as a guideline. This English philosopher at the beginning of the 17th century explored legal theory and left behind a rich book heritage. Based on his reasoning, Mikhail Speransky formulated several rules, according to which, as a result, the Code of Russian Laws began to be drawn up.
Repetitions were excluded. Too long wordings of laws were reduced, while the Second Division 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 according to the subjects of regulation, after which they were presented in the form of articles, which fell into the Code. In the final edition, each fragment had its own number. A person who used the Code could quickly and easily find the act of interest to him. This is exactly what Nicholas 1 wanted to achieve. The codification of laws, in short, became one of the most important undertakings of his reign. The preliminary preparation of the Code has been completed.
The significance of Speransky's activities
It is safe to say that without Speransky, the laws of the Russian Empire would not have been codified. He supervised all the work, gave recommendations to subordinates, resolved difficulties, and, finally, reported to the king on the achievements of the Second Division. Mikhail Speransky was the chairman of the final commission, which analyzed and rechecked the drafts of the partsfuture edition. It was his perseverance and energy that made it possible to cope with a huge job 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 drafts were often reverted back to the drafters because of the remarks of the auditors. Speransky himself proofread every line in the 15 volumes of the Code. On drafts that 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 job of rewriting documents. Old acts and regulations were drawn up in an outdated version of the Russian language. The compilers of the Code had to get rid of such formulations and write them again. It was a colossal job of interpreting the law. Former norms and concepts had to be transferred to the then conditions of Russian reality in the 19th century.
Each law was accompanied by a mass of notes and references to sources. So the articles became reliable, and readers could, if they wished, check the authenticity of the laws. There were especially many explanations and additions to the old acts that appeared in the 17th-18th centuries. If the compilers deviated from the original text or used its modification, then this was necessarily indicated in the appendix.
Revision
Final checkThe 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 rules contained in the orders and circular instructions of various ministries should be added to the Code. For example, this was achieved by the head of the financial department Yegor Kankrin. In the Russian Empire, all customs business was based on the scattered prescriptions of his ministry.
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 trial volume appeared. The manifesto on the complete edition of the Code was signed by Emperor Nicholas I on January 31, 1833. As a sign of gratitude, the king awarded all those involved in the enormous work with titles, pensions, etc. For the monarch, the publication of the code became a matter of honor, since he attended to this task from the very beginning of his reign. The head of the Second Department, Mikhail Speransky, received the highest state award - the Order of St. Andrew the First-Called. In addition, shortly before his death, in 1839, he became a count.
Before its publication, the Code was tested by the State Council, which was led by the chairman of this body, Viktor Kochubey. The emperor was also present at the meetings. Thus ended the codification of laws under Nicholas 1. 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 state bodies had to familiarize themselves with the Code and prepare for the start of its use. This edition took effect on January 1, 1835. The effect of its norms extended to the entire territory of the Russian Empire.
Flaws
Although the Vault had a slender outer form, it did not match the character of the inner content. The laws proceeded from different principles and were heterogeneous. Unlike Western 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 the right only to shorten the wording.
Nikolay did not touch on the essence of the legislation, because he saw a dangerous reform in this undertaking. Throughout his reign, he tried to maintain the old order, based on the autocratic system. This attitude towards reality influenced the codification as well.
Structure of the Code
Speransky proposed to draw up a Code in accordance with the principle of Roman law. His system was based on two main parts. It was a private law and a 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 sections. Each of them corresponded to a certain branch of law - state, administrative, criminal, civil, etc. In turn, eight books contained 15 volumes.
Meaningcodification
The appearance of the Code marked a new stage in the development of domestic law. For the first time, the citizens of the country received a systematic and easy-to-use publication, with the help of which it was possible to check with the laws in force. Prior to that, the system of law was controversial and consisted of eclectic parts. Now the period of haphazardness is in the past.
The rapid development of Russian legal culture has begun. Now it has become more difficult for officials to abuse their powers. Their actions could be easily verified by consulting 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 publication was edited several times, according to the innovations that appeared in the legislation under the successors of Nicholas I.
