The formation of absolutism in Russian state
Контрольная работа - Юриспруденция, право, государство
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ing service, entered a unified system of recruitment of regular troops. Under the decree, subjects of recruiting were tax-paying classes: peasants of all types and townsmen. Recruitment conducted periodically. In due time from 20 yards had been called up a physically healthy recruit: first, at the age of ot15 to 20 years, and later from 17 to 32 years. Escaping of recruits was severely punished. In case of death, death in battle or escaping of recruits instead of them was taken a soldier from the people of the same yards.1706 a decree was issued, in which recruits were recruited from boyar estates (ot300 yards - one recruit) and from the elderly, injured landowners, landlords widows and merchants (from 100 yards - one recruit).significant event was the adoption on Jan. 2, 1722 such an legal act as the "Table of Ranks of all ranks of military, civilian, court." In accordance with the Table of Ranks, the command of the army and the navy received military ranks, which were divided into ground forces, the guards, and artillery and naval. All posts have been divided into 14 classes (grades). In 1700 the Line statute (Stroevoi ustav) were adopted and a complement to it, "Company commander ranks"(Rotye Chiny) and "Military Articles"(Stati voinskie). These documents contained the requirements for officers and soldiers.
The Military Statute was adopted in 1716, which summed up the experience of the activity of regular army.Statute consists of 4 parts:I - defined the activities of all military units and institutions - were regulated the rights and duties of the higher ranks from the Generalissimo and Field Marshal to the General Warder.II - The Military Article with a brief interpretation of the contents of the norm of criminal law.III - short representation of processes or litigation, including criminal-procedural law and the structure of military courts.IV - on ekzertsitsii (trainings), on the preparation for the march, on ranks and posts of regimental ranks., the result of military reforms of the early XVIII century in Russia was established regular army and navy. The army was a national, completed on the basis of recruiting. By its nature, it was the army of the feudal-serf state support of absolutism.significant event in the first quarter of XVIII in law was the military-judicial reform.I in 1702 created the military courts. The structure and activities of these courts were regulated by the Military Statute 1716. The court of first instance for Military Court was a regimental court. It included a chairman (prezus) - colonel, lieutenant colonel or major, and 6 assessor (2 captain, 2 lieutenants and two ensignes).instance for the regimental courts was General krigireht (court). It also carried on the most important cases. Its chairman was the Senior General and 6 assesors.court had its jurisdiction:
All crimes against the state,
crimes of entire parts of the troops,
crimes committed by senior officials,
crimes against the higher ranks.structure of each court: the auditor (he was checking the legal side of case) and the recorder.
The Court was not a permanent body, and was appointed for each case. Assessors were chosen by the chairman.
The most serious crimes were: treason, attempted by the tsar, discussion and conviction of his actions and intentions, attacks on officers, resisting their orders, insubordination, refusal to serve, countering the courts and police.
Activities of the Navy and personnel were regulated by statutes, regulations and instructions.
.DEVELOPMENT OF THE LAW DURING THE PERIOD OF ABSOLUTE MONARCHY
5.1DECREES
this period, the sources of law were legislative acts issued in the form of decrees, orders, statutes and manifestos.most important events were determined by decrees:
The Decree on Primogeniture March 18, 1714
The Table of Ranks January 2, 1722
Decree on the form of court Nov. 5, 1723of public administrations, the structure and order of their work were established by Orders:
The General Order of the College February 29, 1720
Order of the Chief Magistrate on January 16, 1721
The Spiritual Order of January 29, 1721the statutes were understood norms of law, which were regulated a particular area of state activity:
The Statute of the bills in 1722
The Statute on Public Order 1782
The Military Statute 1716
The Maritime Statute 1720most important and solemn events were declared by Manifestos. For example: A Manifesto for the granting of freedom and liberty to all the Russian nobility 1762.1715 were created:
"The Military Articule" - the Criminal Code, and "The short representation of processes or litigations - the Procedural Code.Sobornoe ulogenie of 1649 also was the source of law. Attempts to create a new Legal Code under Peter I and Catherine II were unsuccessful because of contradictions in the interests of different social classes, which were blocked the committee's work.
.2 CIVIL LAW
attention was paid to the regulation of ownership of real estate, primarily on the land. A long process to establish a single legal regime of ancestral lands and manors that had received the name of "real estate"was completed. The following settings were determined by the decree dated March 23, 1714 "On the order of inheritance in personal and real estates ":
Land ownership could be inherited one of the sons, but in the absence of the will, it was inherited by the elder son, other members of family received a property and conscriptioned.
daughters inherited the real estate in the case of sons' absence,
forbidden to dispose the real estate except of the sale, except of the special needs
The elder son and his descendants had the right to purchase the real estate for 40 years (in 1837 this term was reduced to 3 years, and the grandson's right was granted to all relatives).
The Decree on Primogeniture was repealed in 1781 at the request of the nobility. By decree of 10 December 1719 the State retained the right to bowels of the earth and to the "vegetation of the earth" (forests). The felling the ship timber was forbidden under the fear death penalty (in 1782 Ordinance was repealed by Catherine II and the nobles became the absolute owner of bowels of the earth and forests).lands were divided on privat and public.of establishing property rights:
taking a thing no one belonging (extraction of minerals, animal capture, fishing) offspring of animals and fruits of plants,
Awarding of land by the state
the increment (dry river bank),
the finding (if the owner was not found) or a fee of 1 / 3 price from the thing
Contracts (gift, barter, sale, pledge - in case of delay of repayment).
.3 FAMILY LAW
In family law had been significant changes. By The Decree on Primogeniture 1714 was installed age for marriage 20 years for men and 17 for women. After the death of Peter I was set the previous marriage age 15 and 13 years.The Decree of the Synod in 1744 was identified the limiting marriage age - 80 years.
CONCLUSION
the time of Peters death in 1725, Russia controlled territory six times greater than at the time of Ivan the Terrible. The Russian empire was thirty times larger than that of France. Because of Peters efforts to employ technology, many Westerners and western ideas flowed into Russia for the first time. A new class of educated Russians emerged. Sadly however, the split between the serfs and educated class widened, and the serfs hated Peter more than ever.his predecessors, Peter fostered the idea that his actions were for the good of the country; that the states interest were more important than his own personal interests. He was the first Czar to distinguish between his person as ruler and the state. He required his nobles to take two oaths, one to him as ruler, and the other to the state itself. For the first time in history, the Czar attached explanations to his decrees in an attempt to gain the confidence and support of the populace. Even so, the Czar had the last word, and this became a continuing source of tension between the Czar and the people that finally erupted in 1917. Even so, Peters actions moved Russia into the modern era and closer to the West. His ideas allowed Russia to participate in the age Enlightenment under Catherine the Great.
LIST OF THE USED LITERATURE
1.Paul Dukes , The making of Russian absolutism, 1613-1801, - Longman, 1990, - 240 p.
2.Martha Moore , European History, - Kaplan Publishing, 2009, - 387 p.
3.Perry Anderson , Lineages of the absolutist state, - Verso, 1974, - 573 p.
4.John Holland Rose , The development of the European nations, 1870-1914, - Putnam's sons, 1916, - 786 p.