DOI: 10.7256/2305-9699.2014.5.11587

Abstract: The object of studies concerns the Code of the Fundamental State Laws of the Russian Empire  on the issue of legal provisions regarding the Russian royal family. The authors show place and role of these norms in defining the legal status of the members of the royal family and its value in the relevant institution of the Russian public law.  Special attention is paid to the analysis of the Institution of Imperial Family as an element of the Code of the Fundamental State Laws of the Russian Empire of 1832-1892. The methodology of studies is based upon the historical and formal legal approaches, showing the normative basis and contents of the Code of the Fundamental State Laws of the Russian Empire in part of analysis of the legal position of the royal family. The scientific novelty is due to the analysis of the Code of the Fundamental State Laws of the Russian Empire of 1832-1892 in the sphere of provisions for the legal status of the members of the royal family. Following the European tradition for special "Family Laws" on relations between the monarch and the members of the royal family, and their legal position, the legal status of a royal family was rather clearly defined in the legislation of the Emperor Paul the I (1797). Based upon these provisions the Code of the Fundamental State Laws of the Russian Empire provided for a special division: Institution on Royal Family.  It provided for a special institution of public law for a royal family, regulating such public law relation as the procedure for acquiring the rights of members of the royal family, establishing family relations as the basis for inheriting the throne, obligations of the Emperor to support rule of law and order in the royal family, obligations of the members of the royal family, and the obligation to be faithful to the ruling Emperor.  The specific features of the family and marriage issues, property and inheritance were also regulated in the Code.

DOI: 10.7256/2306-0158.2014.4.11304

Abstract: The subject sphere of the article is directed on studying of the 1832-1892 Fundamental Laws of the Russian Empire in respect of regulation legal bases of a regulation of activity of the Russian supreme power in legislative activity. The fundamental state laws within the Code of laws of the Russian Empire for the first time consolidated and built on the basis of a certain system of a statute from published in the second half of XVII - the first third of the XIX centuries of legal acts which regulated legislative process in the conditions of absolute monarchy. On the basis of historical and legallistic methods the standard and legal basis of the maintenance of statutes of the fundamental state laws is shown. As a result of research a row a conclusion is drawn that the fundamental state laws of the Russian Empire for the first time rather accurately defined statutes concerning one of the main fields of activity of the supreme government, i.e. legislative. In them the principle of legality was enshrined in activity of the device of public administration, also features of the organization of legal space of the Russian Empire decided on allocation and establishment of the principles of interaction of the nation-wide legislation and legalizations of national regions. In the sphere of legislative activity the fundamental laws accurately formulated the fundamental principle of the publication of acts in the conditions of absolute monarchy – an exclusive right of the emperor to the edition of legalizations which didn't limit also the preliminary discussion of bills in the State Council which had consultative character for the monarch. Also provisions of Basic laws in which rules of identification and elimination of gaps and collisions in legalizations were detailed were important.

DOI: 10.7256/2305-9699.2014.4.11409

Abstract: The article shows the provisions in the Basic Laws of the State of 1832-1892 for the main parameters of the Russian positive law. The authors analyze the contents of the Basic Laws regarding consolidation of legal provisions on defining system and types of legislative acts, requirements to the publication of laws, procedures for amendment and the scope of application of norms (temporal, territorial, range of persons). At the sam time the authors analyze the legal sources, providing for the requirements to the positive law in the Basic Laws.  Based upon historical and formal legal methods the authors analyze the sources and contents of the Basic Laws regarding the requirements to legislation. The scientific novelty is due to the fact that the article provides analysis of the Basic State Laws of the Russian Empire of 1832-1892 regarding the parameters of positive law. It is shown that for the first time in the history of the Russian law the legal provisions, which were previously spread in various legal acts, were consolidated and provided as a system of paramters and requirements to the current legislation.

DOI: 10.7256/2306-0158.2013.6.765

Abstract: Legal nature of the Fundamental Laws of the Russian Empire of 1832 - 1892 is presented in their features and legal power. The latter reflect peculiarities of the regulatory content of this document about the main grounds of the political system in the Russian Empire. This issue is of particuar interest in terms of the development of the Russian Constitution at the XVIII - early XX centuries, from the first notes and constitutional projects to the first Constitutional Act, the Fundamental Laws published in 1906. The Fundamental Laws of the Russian Empire published in 1832 - 1892 play a special role in the process of formation of constitutional ideas. Those Laws opened the Code of Laws of the Russian Empire and set forth the legal grounds of organization of governmental authorities and legislation process under the conditions of absolute monarchy. Their legal nature did not receive adequate attention in historical and legal researches and therefore the main purpose of the preset article is to solve this issue. 

DOI: 10.7256/2306-420X.2013.3.748

Abstract: The Fundamental Laws of the Russian Empire (version of 1832 - 1892) set forth the legal provisions regarding arrangement of the supreme state power. Those Laws quite clearly outlined the principal features of the absolute monarchy as the form of govenment in the Russian Empire. The features include absolute supremacy, sanctity, heredity and dependence of the emperor on the effective legislation. A number of provisions of the Fundamental Laws reflected the empire-like nature of the territorial organization of the state power in Russia and a difficult configuration of relations between the imperial center and individual ethnic communities. The title of the Russian emperor and the Russian coat of arms described in the Fundamental Laws symbolized the scope of authority ofthe governor and borders of teh Russian empire. The Fundamental Laws also determined specific features of the authoritarian state regime which created legal grounds for such institutions as the institution of allegiance. That institution established the legal relation between an individual and state government represented by a monarch as well as the division of the society into estates. The authors of the article analyze the aforesaid issues and problems.