The codification of Russian laws under Nicholas I began in 1826. As a result of the long work of a large number of lawyers, the Code was prepared, which included all the acts and regulations in force on the territory of the empire. This collection of laws with appendices and explanations was published in 1833.
The problem of cumbersome legislation
By the time of accession to the throne of Nicholas I, the codification of laws became one of the most pressing tasks facing the Russian authorities. The problem was that over the course of many decades, new codes, decrees, and decrees appeared in the country, which sometimes contradicted each other. Codification was needed in order to systematize laws and bring them into a single understandable order.
The predecessors of Nicholas I took on this problem, including his grandmother Catherine the Great and his elder brother Alexander I. The new ruler took up codification immediately after he was on the throne. Nicholas came to power on the background of the Decembrist uprising, organized by supporters of political transformations in the country. Nikolai made decisions for the rest of his life, looking back at the events of 1825. For him, the codification of laws was one way to strengthen the political system.
Inefficiency of the legal system
The fact that the power apparatus was ineffective and overloaded with remnants of the past was no secret to anyone. Often the actions of different bodies or officials contradicted each other because of legal loopholes and holes in the laws governing their work. In addition, this abnormal situation has become fertile ground for increased corruption.
The 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 found himself in honorable exile. Now Nicholas I returned him to the ranks, hoping for the experience and in-depth knowledge of the reformer. Speransky immediately began to send emperor memos, 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, specifically for the forthcoming work on the analysis of legislation, the Second Branch of the Imperial Chancellery was created. The new body had a clear goal - to draw up the Code of Laws of the Russian Empire. Codification was carried out by many editors. They were provided with all the necessary resources. Lawyers had to check a huge mass of documents. Speransky and his subordinates enjoyed the fruits of the work of the former Commission for the drafting of laws of the times of Alexander I, which had not yet had time to complete its work.
Lawyers, lawyers, historians, statisticians, and important statesmen began to work in the Second Division. Here is just an incomplete list of names: Konstantin Arseniev, Valerian Klokov, Peter Havsky, Dmitry Zamyatin, Dmitry Eristov, Alexander Kunitsyn, etc. All these people represented the country's intellectual elite. They were the best in their fields, and by joining forces, they were able to do the seemingly impossible. The codification of laws was previously considered unbelievable. It is enough to say that the specialists had to include in the future Code documents dated to the 17th century and still operating on the territory of Russia.
Collection of documents
The original papers were kept in various archives scattered throughout the country. Some documents had to be found in the buildings of abolished institutions. Such bodies were: the College of Foreign Affairs, the Patrimonial Department, closed orders, etc. The codification of Russian laws was complicated by the fact that there was still no single register by which the drafters of the Code could be checked. The second branch had to create it from scratch, focusing on the Moscow, Senate and ministerial archives. When the registry was finally ready, it turned out that more than 53 thousand acts, adopted in different centuries, got into it.
In St. Petersburg, rare books were demanded that could be sought and delivered for weeks. The codification of the laws of the Russian Empire also consisted in revising the text. Specialists compared several editions, analyzed old sources, checked their competence, entered and deleted from the register. Many acts actually duplicated each other, although they could be adopted at different times and for different reasons. In such cases, as a rule, they were guided by an earlier document, leaving it for a draft of the Code.
Analysis of historical acts
The reference point for the Second Division was the Council 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 General Assembly). At the same time, a special commission simultaneously engaged in the analysis of surviving sources dated earlier than 1649. They were published separately as an independent publication entitled “Historical Acts”.
The codification of laws under Nicholas 1 took place according to the following principle. A specific area was taken (for example, civilian). It was investigated separately from others. At the same time, the same civil law was divided into several historical periods. This facilitated the systematization process, although it was still difficult. Particularly painful was the work on criminal legislation. A review of its historical development was compiled for 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 was slow, but true.
Code of Conduct
Organizing the work of the Second Division, Mikhail Speransky decided not to take risks, but to take as a basis his former foreign experience in such enterprises. I did not have to search for a long time. 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 by which, as a result, the Code of Russian Laws began to be compiled.
Excluded repetition. Too long formulations of laws were reduced, while the Second Branch had no right to relate to their essence. This was done in order to simplify the work of state bodies, courts, etc. The laws were distributed among the subjects of regulation, after which they were stated in the form of articles that fell into the Code. In the final edition, each fragment had its own number. The person who used the Code could quickly and easily find the act of interest to him. This is exactly what Nikolay 1 wanted to achieve. The codification of laws, in short, has become one of the most important undertakings of his reign. Preliminary preparation of the Code was completed.
The value of Speransky's activity
It is safe to say that without Speransky there would have been no codification of the laws of the Russian empire. He supervised the entire work, distributed recommendations to his subordinates, resolved difficulties, and, finally, reported to the tsar on the achievements of the Second Division. Mikhail Speransky was the chairman of the final commission, which analyzed and double-checked the draft parts of the future publication. It was his perseverance and energy that allowed him to cope with the huge work relatively quickly.
However, there were reasons why the codification of the laws of the Russian Empire under Nicholas 1 was delayed. This was because the projects often returned back to the drafters due to the comments of the auditors. Speransky himself read every line in 15 volumes of the Code. On drafts that he did not like, he left his comments. So the project could run between the drafters and the commission several times, until, finally, it was polished to a shine.
Legacy Interpretation
According to the requirements put forward by Nicholas 1, the codification of laws was not just a mechanical work of rewriting documents. Long-standing acts and regulations were compiled 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 law. Previous norms and concepts had to be transferred to the then conditions of Russian reality of the 19th century.
Each law was accompanied by a mass of notes and references to sources. So the articles became reliable, and readers could verify the authenticity of laws if they wanted to. Especially a lot of explanations and additions were to the old acts that appeared in the XVII-XVIII centuries. If the compilers departed from the original text or used its modification, then this was necessarily indicated in the appendix.
Audit
The final audit of the 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 should have been added to the Code, which were in the orders and circular regulations of various ministries. For example, this was sought by the head of the financial department, Yegor Kankrin. In the Russian Empire, all customs affairs were 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 full publication of the Code was signed by Emperor Nicholas I on January 31, 1833. As a sign of gratitude, the king awarded everyone involved in great work with ranks, 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 Division, 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 Council of State, which was chaired by its chairman, 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 manifest provided for a preparatory period during which state bodies should familiarize themselves with the Code and prepare for the start of its use. This edition entered into force on January 1, 1835. The action of his norms extended to the entire territory of the Russian Empire.
disadvantages
Although the Code possessed a harmonious external form, it did not correspond to the nature of the internal content. Laws proceeded from different principles and were heterogeneous. Unlike Western European collections, the Code was compiled on the basis 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 reduce the wording.
Nikolai did not begin to touch upon the essence of the law, because he saw dangerous reform in this undertaking. All his rule, he tried to maintain the former order, held on an autocratic system. This attitude towards reality also affected codification.
Arch Structure
Speransky proposed compiling the Code according to the principle of Roman law. His system was based on two main parts. It was a private law and a public law. Speransky designed his system in order to simplify work with the Code.
As a result, all the material was divided into eight departments. Each of them corresponded to a specific branch of law - state, administrative, criminal, civil, etc. In turn, eight books contained 15 volumes.
Codification value
The appearance of the Code marked a new stage in the development of domestic law. For the first time, citizens of the country received a systematic and easy-to-use publication, with the help of which it was possible to check the laws in force. Before that, the system of law was contradictory and consisted of eclectic parts. Now the period of unsystematicity is in the past.
The rapid development of the Russian legal culture began. Now it has become more difficult for officials to abuse their powers. Their actions could be easily verified by checking 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. Subsequently, the publication was edited several times, according to the innovations that appeared in the legislation under the successors of Nicholas I.