The formation of absolutism in Russian state
Контрольная работа - Юриспруденция, право, государство
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CONTENTS
Introduction
1.Prerequisites of formation and legalization of absolutism
2.The social structure
2.1Documents;
2.2Classes and ranks
3. State apparatus
. The military and judicial reforms of Peter I
. Development of the law during the period of absolute monarchy
5.1Decrees;
5.2Civil law;
5.3 Family law
Conclusionlist of the used literature
end of XVII-XVIII-th centuries in the history of Russia state marked by the emergence, legalization and the actual establishment of the absolute monarchy.monarchy in Russia was deposed only in 1917 in a result of the February Revolution. Its development can be divided into five stages: - an absolute monarchy of the second half of XVII century with the Boyar Council and the Boyar aristocracy;- the bureaucratic-aristocratic monarchy of the XVIII century with elements of enlightened absolutism,- absolute monarchy in the first half of XIX century until the reforms of 1861- from 1861 to 1904 - Starting of transformation absolutism into a bourgeois monarchy,- from 1905 to 1917 - when absolutism had made "another step towards the bourgeois monarchy".
1.PREREQUISITES OF FORMATION AND LEGALIZATION OF ABSOLUTISM
Economic development in the late XVII beginning of the XVIII century was characterized by progress in the field of agriculture, the growth of commodity production, the development of manufacturing large-scale, nationwide market consolidation and expansion of foreign trade. This led to the emergence of bourgeois relations, had intensified the class struggle, strained the conflict between the bojars and nobility, between the feudal lords and the posadsky population, between Russian and foreign merchants.conditions to establish absolutism was the need to fight for access to the sea, as only a strong central authority could conduct costly war.of absolutism in Russia were (in contrast to European countries) the weakness of the emerging bourgeoisie and the lack of struggle between the nobility and the bourgeoisie, on the one hand, and the worsening of class struggle of peasants and landlords who demanded a consolidation of the ruling class - on the other hand.
The establishment of absolutism in Russia noted by the following events: In the second half of XVII century the Assembly of the land (Zemsky Sobor) ceased to be convened , which greatly limited the power of the monarch. However, were continuing to call meetings of the various classes.
Prikaznaya system was strengthened and it directly subordinated to the Tsar.
-The regular army was created and the monarch had become less dependent on the noble army.
Tsar got the financial independent and had the opportunity to establish and maintain a huge state apparatus.
Decreased importance of the Boyar Council (Duma) (in 1688 there were 68 members from the nobility, and 28 - from the boyars). "The Secret" or "privay" Council (blizhniaia Duma) had taken the place of Boyar Council. In 1711, the functions of the Council had completely switched to the "Privay Chancellary". The Chancellary Council office consisted of 8-14 people and was called Konziliey. In February 1711 with the establishment of the Senate, Privay Council had ceased to exist as the final organ which was limited the power of the monarch.
In this period took place an intense process of subordination of the church to the state. October 20, 1721 after the victory in the Northern War the Senate and the Holy Synod was given to Peter I the title Father of the Native land, the Emperor of all Russia, which also played a role in strengthening the power of the monarch.
At the beginning of the XVIII century absolutism received the legislative confirmation. In the interpretation of article 20th of Military statute 1716 : ... yego velichestvo yest samovlastnyi Monarh nikomu na svete o svoih delah otvetu dat ne dolzhen ; no silu i vlast imyeet svoi Gosudarstva i zemli , yako Hristianskii gosudar po svoyei vole i blagomneniyu upravlyat., in Russia at the end of XVII - beginning of XVIIIth century absolutism had formed as the state form of the dictatorship of the feudal class. By the class nature he expressed primarily the interests of the nobility and the emerging merchant class. And for the peasantry and urban lowers it had meant rising the exploitation.
2.THE SOCIAL STRUCTURE
feature of the social structure in the period of formation absolutism was the trends of legal regulation of the position of each class. Society at that time was divided into four classes:
) the nobility,
) the clergy,
) townsmen,
) the peasantry.
2.1DOCUMENTS;
legal status of nobility was enshrined in legislation. The Law Code 1649 known as the Ulozhenie and The Decree on Primogeniture (March 23, 1714) was virtually equalized the legal status of manors and ancestral lands under the general term "real thing", with right of inheritance. According with these documents noblemen had a monopoly on land ownership.the decree of the poll census of 26 January 1718 was enshrined in law the position of the nobility as an exempt class, unlike other classes.role in strengthening the aristocratic dictatorship played The Table of Ranks of January 24, 1722.
The Table of Ranks recognized three fundamental types of service: military ), and holding an office in the eighth grade endowed the office holder with hereditary nobility. Military men first enjoyed the lowest (14th) grade. In 1856, the grades required for hereditary nobility were raised to the fourth grade for the civil service and to the sixth grade for military service.
Under Peter I by his decree nobles began service with the rank of the soldier, and served for life, and from 1730 - 25 years beginning from 20 years.
2.2CLASSES AND RANKS
I and IIHigh Excellency (Vashe vysokoprevoskhoditelstvo)III and IVExcellency (Vashe prevoskhoditelstvo)VHighly Born (Vashe vysokorodie)VI, VII and VIIIRight Highly Born (Vashe vysokoblagorodie)XI, X, XI, XII, XIII and XIVWellborn (Vashe blagorodie)to the manifesto of Peter III "Manifesto Freeing Nobles from Obligatory Service " in 1762 the nobles were exempted from compulsory military and civil service.decree of 1760 nobles were entitled to banishing of guilty peasants to Siberia, and from 1765 - to hard labor.most important act was adopted by Catherine II, which recognized the privileges of the nobility, was "The letters patent to the nobility" in 1785.to this charter the nobles:
exempt from the binding service;
acquired in the ownership bowels of their land;
-had the right to trade and to be owner of factories;
exempted from taxes, and corporal punishment;
got the right to establish Class meetings in each province. Nobles had a number of personal advantages. Noble rank could be transferred to the wife and children (and husband had a right to transmit nobility to his wife but the wife to her husband - couldnt). The nobles had the right to enlisting to other countries. The noble court was created (an elected judicial authority). The nobles had family coat of arms, they compiled an ancestral noble books.
The nobles were divided into the following categories:
real noblemen who have descended from royalty;
-military aristocracy;
eightclasses nobility;
foreign nobility;
titular nobility (the princes, counts, barons);
ancient nobles (with a genealogy of over 100 years). However, the nobleman could be deprived of noble titles in the following cases: the violation of the oath;
the treason;
commiting robbery, burglary, crimes for which deprived the honor or corporal punishment, as well as incitement to commit a crime;
committing other deceitful acts.
The clergy in Russia for a long time remained a closed estate. However, at the end of the beginning of the XVII-XVIII centuries had increased the legal regulation of the clergy, and there was a process of subordination to the State. The Law Code of 1649 restricted the right to purchase the estates, to have a white suburb and commercial establishments in the posads. From XVII in wartime, one in five of the peasants from spiritual estates called up for service in the fo