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Legal Studies
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Publications of Fevralev Sergei Aleksandrovich
Legal Studies, 2013-7
Kodan S.V., . - Local law of the Baltic provinces within the legal system of the Russian Empire: integration, systematization and unification (XVIII - early XX centuries). pp. 125-147

DOI:
10.7256/2305-9699.2013.7.626

Abstract: Inclusion of the Baltic regions into the Muscovy started in 1700 - 1721 during the war with Sweden, and it brought into the Russian legal system a social and territorial area with a complicated system of particular sources of law, reflecting its former inclusion into the Baltic territories of the Livonian Confederation (XIII - XVI centuries), and then into the Swedish Kingdom (Esthland, Livonia). Inclusion of the Kurland into the Russian Empire after the third separation of the Polish-Lithuanian Commonwealth in 1795 completed the inclusion of the Baltic provinces into the Russian Empire.  The various layers of legal information from the former states of the Baltic provinces did not facilitate integration of the local law into the legal system of the Russian Empire, and it was an obstacle to a normal development of legal practice. The measures taken to clarify the local laws both before and after the territories were included into the Russian Empire in XVIII - first quarter of XIX centuries were not successful.  Systematization of local sources of law in 1930 - mid-1940s was an important stage of formation of local law in the Baltic provinces, and in 1845 the first and second part of the Code of Local Laws of the Baltic provinces became an important stage of it as well.  In 1864 the third part of the Code was adopted, and it included civil law provisions of particular law. In 1840-1860 the criminal and procedural legislation of the Baltic provinces was substituted with the Russian legislation. The said issues became the subject of analysis in this article.
Legal Studies, 2013-5
Kodan S.V., . - Situation, development and unification of the local law of the Little Russia and the Western Provinces (second half of XVII - first half of XIX centuries) pp. 268-295

DOI:
10.7256/2305-9699.2013.5.579

Abstract: The "Little Russia" lands (in 1654- Ukraine  and the provinces taken from Poland;  in 1772-1807 - Belarus and Lithuenia (the Western Provinces) formed a national region with the sources of law, which were rather close to the Russian law.  The 1 and 2 Lithuanian Statutes were in force in it with some specificities.  In addition to them the "Little Russia Law"  was based upon the Magdeburg city law, the privileges of the Polish and Lithuanian kings, etc. The law of the Western provinces was not limited to the Lithuanian Statutes.  The Polish and Lithuaninan legislation were in force there. The attemtps to codify the "Little Russia" sources of law and to make the Code were taken since the fourth quarter of XVIII century. In 1743 a draft of codified law was made, and it was entitled "The Judicial Laws of the People of Little Russia", but it was not sanctioned by the government. The second attempt to codify the laws of the Western provinces took place within the framework of the Code of Laws of hte Russian Empire and the attempts to codify legislations of some provinces in special codes.  The official publication of hte Lithuanian Statute had followed.  In 1830-1838 the 2nd Division of the Chancery of Her Magesty brought up a draft of the Code of Local Laws of the Western Provinces, but this project was not approved by the crown due to political reasons and vast variety of its sources.  The process of unification of the legislations of the Little Russia and the Western provinces reflected the will of the Russian governemnt to dissolve the independency elements in the local governments of these regions and to unify the legislation in accordance with the all-Russian laws.  On January 1, 1831 the by an Order to the Senate  Tsar Nicolas the 1st has terminated the application of the Lithuanian Status in Belarus, and by the Order of June 25, 1840 the Tsar terminated its application throughout the Western province, while specific provisions in the Code of Civil Laws  (Vol.10 of hte Laws of the Russian Emprie of 1842 and 1857) were provided for its regulation.  Some specific provisions of the Lithuanian Statute remained only in Poltava and Chernigov Provinces due to the specific of the civil turnover, and the local law in the region practically ceased to exist.  The article concerns the aspects regarding integration of the people and territories of the Little Russia, Belarus and Lithuanian in the Russian state, which formed the basis for singling out the particular law in the Russian legal system.
Legal Studies, 2013-4
Kodan S.V., . - Formation and development of local law in Bessarabia within the Russian Empire (1812-1917). pp. 230-285

DOI:
10.7256/2305-9699.2013.4.502

Abstract: Bessarabia was a social and territorial entity within the Russian Empire, where the model of local self government with evident autonomy elements was formed in the Russian state. It influenced the processes of integration of hte Bessarabian law into the system of law of the Russian Empire, and it had two stages of development. On the first stage (1812-1828) the local law in Bessarabia was recognized as an autonomous system of legal norms, and on the second stage (starting from 1828) the legislation was unified in the public law sphere, while the local law remained in the system of civil law, and special laws were passed by the Russian government for this region.  The article concerns the above-mentioned issues.
Sociodynamics, 2013-3
Kodan S.V., . - Laws of the Kingdom of Poland between 1815 and 1917: formation, sources, and changes pp. 246-295

DOI:
10.7256/2306-0158.2013.3.468

Abstract: This article deals with the origins of, the processes of the formation of, the development of, and changes to the laws of the Kingdom of Poland in the period of its existence as an autonomous ethnic territory of the Russian Empire between 1815 and 1917. The authors show how the division of the Polish state between Austria, Prussia and Russia in the second half of the 18th century brought about changes in the laws of the Polish land. The article considers the introduction of French law - the Napoleonic Code (Civil Code) - and the introduction of the Commercial Code to the Duchy of Warsaw, established in 1807 by Napoleon Bonaparte. Special attention is paid to the analysis of the laws of the Kingdom of Poland and the process of their integration into the legal system of the Russian Empire and the changes to the sources of law, such as the Constitutional Charter of 1815 being replaced by the Organic Act of 1832, changes in the civil law, the preparation and publication of the Penal Code in 1847.
Legal Studies, 2013-3
Kodan S.V., . - Local law of the Grand Principality of Finland in the legal system of the Russian Empire: integration, sources, transformation (1808-1917). pp. 258-317

DOI:
10.7256/2305-9699.2013.3.498

Abstract: The Grand Principality of Finland was included into the Russian Empire in 1808, and it became the first social and territorial area in the Russian Empire, which recieved an upheld till early XX century complete localization of state and legal system within the framework of the Russian statehood.  Establishing the boundaries of the Muskovy in XI - XVII century and annexion of part of the Finnish lands of the Swedish Kingdom to Russia in XVIII century posed a problem of legal position of Finns as Russian citizens, and the formation of the Grand Principality of Finland posed a problem of local Finnish law within its system. The article is devoted to integration processes, the authors shows sources and changes in the particular law of this national region within the Russian Empire.
Legal Studies, 2013-2
Kodan S.V., . - Local Law of National Regions of the Russian Empire: Origin, Place in Politics and Ideology, Legal Nature (second half of XVII - beginning of XX centuries) pp. 74-154

DOI:
10.7256/2305-9699.2013.2.464

Abstract: The article is devoted to the local law of national regions of the Russian empire from the point of view of their place and role in politics, ideology and legal practice of the Russian State in the process of formation and development of the Russian empire during the second half of XVII - beginning of XX centuries. The author describes the origins of legal particularism during development of the Russian ancient state institution and law, separation of local sources of law during disunity in Old Russia as well as differentiation between national law and local law during creation of the Moscow State and centralization of the legal regulation. Special attention is paid at the role of local law in politics and ideology of the Russian supreme authority during creation and development of the Russian empire as a complex state and legal unit as well as definitions of models and peculiarities of the legal structure of particular national regions from the point of view of legal autonomy. The author also analyzes legal nature of local law as the phenomenon typical for the empire form of organization of the legal space and provides its definition. 
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