The Russian Empire is managed on a solid basis of laws. On the legal insignificance of the renunciation of the emperor Nicholas II

Test number 10.

Option 2.

Part A.

Part B.

Part S.

Article No. 47 of the main state laws of the Russian Empire (1906) read: "The Russian Empire is managed on a solid basis of laws, charters and institutions, from the autocratic power of the outgoing". What form of government is fixed in the fragment of laws? Give two characteristic features of this form of government.

Test number 11.

Option number 1.

Part A.

Part B.

During the campaign for the election of the head of the regional administration, one of the candidates registered by the election commission was removed from the election race. The court left the decision of the election in force. What legislative grounds could the election commission be guided during the removal of the candidate? Specify three bases

Test number 11.

Option 2.

Part A.

Part B.

Part S.

On the election day of the deputies of the State Duma, polling stations were distributed by leaflets in favor of one of the candidates. How do you evaluate the example given from the point of view of Russian election legislation? According to what rules (specify three), there should be a pre-election campaign of candidates for deputies?

Test number 12.

Option number 1.

Part A.

Part B.

Part S.

Specify the three main objectives of the legal responsibility provided for by Russian legislation.

84. The Russian Empire is managed on solid grounds for laws published in the prescribed manner. 85. The power of laws is equal to all without the withdrawal of Russian subjects and for foreigners, in the Russian state of staying. 86. No new law can follow without the approval of the State Council and the State Duma and perceive the power without approving the emperor's sovereign. 87. During the cessation of the occupations of the State Duma, if the emergency circumstances will cause a need for such an extent that requires discussion in the legislative procedure, the Council of Ministers presents about it the Emperor's state directly. This measure cannot, however, make changes to neither the main state laws, nor in the establishment of the State Council and the State Duma, nor in the decree on elections to the Council or in the Duma. The effect of such a measure is terminated if the minister or the main-right part of the individual part will not be submitted to the State Duma during the first two months after the renewal of the Duma's classes, the currently adopted bill or the State Duma or State Council will not be accepted. 88. Laws, especially published for any terrain or part of the population, are not canceled by the new general law, if it is precisely such a cancellation. 89. Each law is valid for the future, except when the law itself resolved that its strength applies and for a while preceding or that it is only a confirmation and to express the meaning of the law of the former. 90. The general storage of laws is relying in the Governing Senate. Therefore, all laws should be introduced in the script or in the certified lists in the Government Senate. 91. The laws are issued to universal reducing the Governing Senate in the prescribed manner and before the publication is not given. 92. Legislative decisions are not subject to publication, if the procedure for their publication does not comply with the provisions of these major laws. 93. According to the publication, the law receives the mandatory force of the SS\u003e of the draft appointed in the law of the period, with an unidentification of such a term - from the date of receipt on the site of the sector of the Senate publication, in which the law is printed. In the most published law, it may be indicated for its appeal before promulgation to the execution by the telegraph or by means of narrative. 94. The law cannot be canceled otherwise as soon as the law of the law. Therefore, the report of the new law is not positively canceled by the law existing, it retains its full strength. 95. No one can discharge with the ignition of the law when he was published by the established procedure. 96. Resolutions on the construction, technical and economic parts, as well as the provisions and applications to the institutions and officials of military and naval departments for the consideration of military and admiralty councils on affiliation directly seem to the state of the Emperor, unless these decisions, positions and punishes are actually One mentioned departments do not concern the objects of general laws and do not cause a new consumption from the treasury or the new consumption caused by them are covered by the expected savings on the financial estimate of the military or the Maritime Ministry of belonging. In the same case, when the new consumption cannot be covered by the specified savings, the presentation of the alleged decisions, provisions and orders for the highest statement is allowed only for the appropriation of appropriate loan in the prescribed manner. 97. Resolutions on the military and naval lawsuits are published in the manner prescribed in the arms of military and naval regulations.

Even on the topic, the head of ninth about the laws:

1. Chapter Second on the procedure for publication of the Code of Laws and Local Councils and the Complete Assembly of the Laws of the Russian Empire

Holyguish martyrs became victims of a ritual murder organized and conducted by the Jews. A murder was committed not just the family of Romanovs, the Christ movements sought to destroy the symbol of the Orthodox monarchy established by God. However, if today, a single sensible person does not occur to challenge the fact of the martyrdom of the sovereign and his family, the political activities of Nicholas II are still given the most controversial assessments.

For decades, the media and official historians have collapsed by Nicholas II streams of lies and slanders. Perhaps for this reason today, many sincere patriots of Russia are perplexed - why did the king spent a tougher policy? Why did not apply decisive measures towards the revolutionaries and to the Russian Society of the Intelligentsia, did not dismiss all the Masonic lodges and did not deporte to the regions of the Far North of all Jews?

Answers to these difficult questions can give a health estimate of the events of Russian history. Obviously, the revolution of 1917 was only the culmination of the processes of destruction of Russian statehood, inextricably linked with the increasing retreat of the people from faith in God. It is known, for example, that the famous temporary Speransky, accused by Russian patriots in treason in favor of Napoleon and in the plans for the destruction of the Russian monarchy, before the Patriotic War of 1812, was sent to the link. At the same time, Speransky did not hide their plans and prepared a project for the transition to constitutional rule. After many years, after the uprising of the Decembrists, this Mason mysteriously surfaced again, when Nikola Pavlovich instructed him to draw up a set of laws of the Russian Empire. For the successful fulfillment of the task, Speransky received the Order of Andrei the First-Called - the highest order of the Empire. In the Russian Empire XIX century. The Speransky Commission began to fulfill the role of the legislative authority independent of the emperor. Then this function moved to the Senate. The set of laws compiled by Speransky is a colossal multi-volume meeting, to deal with which and conclude how to apply it in practice, the emperor in each particular case lacked time. After all, the sovereign carried out an extraordinary burden, solely carrying out executive and military power. Perhaps, so Nikolai Pavlovich did not pay attention to Article 84: "The Russian Empire is managed on the solid grounds for the laws published in the prescribed manner."

Obviously, this article is addressed only to one person, who is managed by the Russian Empire. Upon the will of Mason, the Speransky emperor fell into a very hard frame. Very soon, any action within this framework began to lead to the results opposite to the conceived. The will of the Emperor was carried out in the manner prescribed by the click of Masons and Trainkers, despite that the transfer of all the levers of real power was provided for by the Code of Law of the Russian Empire. Composing the "established order" of the management of the empire, the lawmakers focused on the most advanced foreign experience, uniting the Prussian bureaucracy with French liberalism and the competitiveness of the parties and the British cult "inalienable rights". The consequences of such a "legitimate" procedure for the management of the empire were tragic and, in the end, led to the collapse of the Russian monarchy.

The proposed project expresses the views of Russian liberals (the right wing of the future cadet party). Its main author is the famous lawyer Sergey Andreyevich Muromssev (1850-1910). He was the son of Colonel and the Oryol landowner, graduated from the Law Faculty of Moscow University, served him by Associate Professor (1875-1877), extraordinary (1877-1878) and the ordinary (1878-1884) professor, was the secretary of the Faculty of Law (1880-1884) and Vice-Rector ( 1880-1881). From the 1870s. He entered into a law focus at the university, in 1880-1899 he was his chairman, in 1878-1892 he was the focus of the magazine "Legal Bulletin", was actively printed in other periodicals. Adopted the continuation of great reforms. In 1884, Muroms residents were fired from the University Minister of Folk Education I.D. Delian, displeased public activities of the professor. After that, Muromsov was engaged in law practice, and was also the Zemsky and urban vowels in Moscow and the Tula province, was the chairman of the financial commission of the Moscow provincial Zemstvo collection. Since 1903, he participated in the Zemsky Liberal Movement, in 1905 he entered the Constitutional Democratic Party and was elected to its Central Committee, but it was not part of her narrow leadership.

In 1906, Muroms residents were elected to the I State Duma from Moscow and at the proposal of the Cadet faction became its chairman. He made a huge contribution to the organization of her work and was one of the authors of the Project of the Project (Regulation). After the dissolution of the Duma, Muromsov signed (rather from the party discipline) Vyborg's appeal with a call to refuse taxes and fulfillment of military service, for which he was sentenced to 3 months in prison with deprivation of electoral rights.

The document proposed to the attention of readers was written by Muromets with the participation of another future figure of the Cadet Party, Privat-Associate Professor of the State Law of Moscow University, landowner and the Zemsky vowel. F.F. Kokoshkin (1871-1918). The project was based on the basic requirements of the Cadets: the election of the Parliament with universal and equal voting (with overestimation of the representative offices of cities) and the responsibility of the government. Also striking the lack of a decision on the inviolability of property. At the same time, the project emphasizes the role of the emperor as the head of state and retains the forms and a number of the secondary provisions of the previous legislation.

This document had some influence (mainly Editorial) on the main laws of 1906, namely on their chapters 8-9. The project is provided with abbreviations.

Section first. About laws.

1. The Russian Empire is controlled on the solid grounds of the laws published in the manner, the Sim basic law established.

3. Each law is valid for the future only, besides the case when the law itself resolved that its strength applies and for a time preceding.

4. All laws published should not contradict the provisions of this Basic Law.

5. Projects of laws proceed from the imperial authorities or from the State Duma and not otherwise they receive the force of law as approving the State Duma and according to the emperor for its own Majesty by signing.

6. The laws will be offended by the Government Senate through printed in the prescribed manner and before the publication is not given.

7. Legislative decrees are not subject to publication if the procedure for their publication does not comply with the provisions of this Basic Law, or when such decisions are violated in any accurate sense of the Basic Law (Art. 4th).

8. Organizations refuse to apply legislative decisions, at least promulgated in the form of laws, when such decrees violate their main sense of this basic law (Art. 4th).

12. Decrees and other acts of the emperor that followed in the order of supreme management, turn to execution not otherwise, as according to the state chancellor or one of the ministers, which I fasten the responsibility for them.

13. An image of the execution of laws, since it is not predetermined in the law itself, can be set by the decisions of the emperor. Decrees that complement the law can be published only if the edition of them is provided by those laws that are supplemented by the decrees.

These decrees are subject to publication in order, for the laws of a certain (Article 6 and 7th).

14. Disruption of the laws, the order of the government place or the person does not have any mandatory force for anyone ...

Section two. On the rights of Russian citizens.

15. The conditions and procedures for the acquisition and loss of Russian citizenship are determined by law.

16. All Russian citizens, without looking at the difference in their breeding origin, faith, or a class, regarding their political and civil rights are equal to law.

17. All Russian citizens are free in confession of faith. No one can be pursued for the professionable beliefs or beliefs, nor seeking religious rites; Nobody rebel the exit and leaving the faith of the faith.

19. No one can persecution otherwise, as in the manner, the law is certain.

20. No one can be detained otherwise, as for the grounds defined in the law.

21. Any delayed face in the cities and other places of stay of the judiciary within 24 hours, and in the other areas of the empire no later than for three days since the detention must be either released, or submitted to the judiciary, which, on immediate Consideration of the circumstances of the detention, or frees the detainee, or decides, with the announcement of the grounds, on its further detention. For remote rural areas, where compliance with the above period will be impossible, it can be extended by special law.

22. Everyone who becomes aware of the detaining of anyone else has the right to declare that the nearest judge, who, according to such a statement, examines the cash of legal grounds for detention or its continuation.

23. No one may be judged by a different court, in addition to which his act during the learning was under consideration, and subjected to another punishment, in addition, which for his act during learning was established by law.

24. No punishments, recovery or restrictions on the use of rights can not be imposed on individuals by any other power, except judicial.

25. Without the consent of the host of the room, entering into it, and equal to the production of search or searches, is allowed not otherwise, as in cases and procedure, the law of certain.

26. Private correspondence and other correspondence is not subject to detention, opening and reading otherwise; As in the decree of the judiciary in cases and order, the law of certain.

27. Each wave, without supplying themselves with a passport or other identity card, in the total limits established by law, freely elect and change its residence and occupation, to acquire property, movable and immovable, to be easily moved within the state and go beyond its limits.

The law may be limited to traveling abroad only in the types of preventing evasion from serving military service or from the court and investigation.

28. Each wave, within the limits established by law, to express their thoughts and writing his thoughts, but equally publish them and distribute them by pressing or in other ways.

29. No censorship is allowed.

30. All Russian citizens are free to gather both in closed premises and in the open-air, peacefully and without weapons, without asking for preliminary permission.

The conditions for the prevalence of local authorities about the upcoming meetings, the presence of the current authorities at meetings and the mandatory closure of the last, as well as restrictions on the open-air assemblies, are not otherwise defined as the law.

31. All Russian citizens are free to compile societies and unions in order not to confuse criminal laws without asking for pre-permit.

Conditions for the awareness of the authorities on the compilation of societies and their mandatory, in cases of violation of the criminal law, closure is not identified any or a law.

32. The conditions and procedure for communications to the societies and unions of the rights of a legal entity are determined by law.

33. All Russian citizens have the right to apply to government authorities with petitions on subjects of public and state needs.

34. Foreigners enjoy the rights granted to Russian citizens, in compliance with the restrictions established in the laws.

35. The law may be established with an exemption from the action of Articles 21, 27, 28, 30, 31st of this Basic Law for persons in the actual military service, and for localities declared in the military.

Outside the military action area, martial law can be introduced only through the publication of a special law for a period of no more than six months.

Section Third. Establishment of the State Duma.

Chapter one. About the composition and procedure for the formation of the State Duma.

36. The State Duma is formed by meetings of the confidence of the people of clothelified chosen from the population of persons encouraged by sim election to participate in the implementation of legislative power and in the affairs of the highest government.

37. The State Duma is divided into two chambers: the Zemstvo Chamber and the Chamber of People's Representatives.

38. The GROMD COUBY consists of public vowels elected by the provincial neighborhoods or regional collections and urban vysue of cities, with a population of over 100,000 inhabitants.

39. From the provinces and areas with a population of up to 1.000,000 residents are elected two state vowels, with a population from 1.000.000 to 2.000.000-to three, from 2-3-million-four four, over 3 Mill . -th five. From cities with a population from 100 to 200 tons. Residents are elected on one state vowel; From 200 to 400 thousand to two, from 400 thousand to 1 Mill.-Three, over 1 Mill. - Four ...

40. State vowels are elected from among people who can be popular representatives ...

41. The election of public vowels is produced in Zemstvo meetings during the first regular session and in urban thinks in one of the first three meetings after updating their composition; With the resulting election of state vowels of the new composition, the powers of state vowels former composition are stopped ...

42. The Chamber of People's Representatives is elected by the population through universal, equal, direct and closed voting.

43. The right to participate in the elections of people's representatives belongs to each Russian male citizen who has reached 25 years of age, with the exception of: 1) persons under guardianship or trusteeship; 2) persons declared untenable debtors except recognized by non-private; 3) persons deprived of law on court sentences for such a deprivation; 4) persons involved in charitable establishments; 5) Persons in the actual military service, and 6) persons holding the positions of governors and vice-governors, the ranks of prosecutor's supervision and police.

46. \u200b\u200bThe term of office of the Chamber of People's Representatives of each composition is a four-year-old, considering from the date of opening of the first meeting of the Chamber after its election.

47. Decree of the emperor, the Chamber of People's Representatives may be dissolved and previously appointed in Art. 46th four-year period.

48. Elections of people's representatives ... are appointed by the imperial decrees on one for the entire empire Sunday day. The election day should follow no earlier than three months and no later than six months on public declaration. In the case of early dispersion of the Chamber (Art. 47), the decree on dissolvement should be appointed at the same time and the day of new general elections, in compliance with the above-mentioned deadlines.

50. Allocated to the wards at the expense of the state treasury for building a building with an adjacent locality in them, established by special law, consist in an exceptional disposal of the chambers of affiliation.

Chapter Second. About the members of the State Duma.

55. Public service consists, being elected to the State Duma member, do not need to resolve their bosses for its entry into its composition and for turning in its assembly.

56. Members of the State Duma cannot be complained by ranks, orders or court titles, as well as rental or any other property issues.

57. Members of the State Duma lose their title, if, not consisting in the public service, enter into a position associated with chin-production or receipt of any salary of the content, or, if, consisting in public service, are appointed to the position of the highest By class, or conjugate to obtain from the treasury of the highest salary of content.

The rule of this article does not apply to the case of a member of the State Duma minister.

59. In addition to death and cases provided for in Art. 52, 53 and 57th, the members of the State Duma are also honored with the conditions that prevent the election (Art. 40, 43 and 45) upon the occurrence of conditions.

60. In their judgments and decisions, a member of the State Duma cannot be associated with the orders or instructions of its voters.

62. Outside the State Duma, members are not subject to any prosecution or responsibility for a member of the voice of the State Duma, or for those expressed during the departure of this judgment.

63. During the meetings of the State Duma, members cannot be, without prior permission to the Chamber, nor are attracted to a criminal investigation and court, nor home arrest or take into custody on suspicion of committing a criminal act, or personal detention for insolvency, nor caused In any court or other place as a witness or knowledgeable person. From this only the case is excluded when a member of the State Duma will be caught in the commission of a criminal act or immediately after its commission (paragraph 1 of Art. 257 of the mouth. Corner, court.), Or when during the day the signs of criminal act (st . 250 litter. The corner, court) will arise against a member of the State Duma, the suspicion and grounds for taking measures against him to curb the ways to shy away from the investigation (Art. 257 of the mouth. Code.). But in these cases, the State Duma Chamber must be immediately notified of the following, and from the Chamber, which owns a detained member of the State Duma, depends on or, on the contrary, to cancel the detaining order.

The criminal proceedings arising before the meeting against a member of the State Duma, as well as all kinds of deprivation of his freedom, are interrupted for all the time of the meeting, if the chamber will require.

64. Members of the State Duma receive a remuneration in the amount determined by law. Refusal of remuneration is not acceptable.

CHAPTER THREE. About the meetings of the State Duma.

65. Assembly (sessions) of both chambers open, interrupted and closed at the same time.

66. Meetings of the State Duma are convened and closed by imperial orders.

67. Meetings of the State Duma are convened annually on the third Monday of October of the month, if there is no need for a need for an earlier, that year, convening chambers.

After the early dispersion of the Chamber of People's Representatives (Art. 47), the meeting of the State Duma is convened no later as two months after the election period.

71. Breaks in the occupations of the meeting can not be resolved without a consonant resolution on both chambers; Such breaks can not be longer than one month.

Chambers cannot decide on the break of their classes for more than ten days if the ministers will be applied against the objection.

Termination of classes caused by compliance with Sundays, festive and other unusual days is not revered by the break of the meeting.

Chapter fourth. On the internal device and the procedure for the occupation of the State Duma.

76. Meetings of both chambers occur publicly; But, at the suggestion of the presiding or ten members present, the meeting is announced by secret, after which the ward reports the grounds that prompted to demand a secret continuation of the meeting, which the Chamber is about to decide.

78. Decisions of chambers are decided by the simple majority of votes, except in the cases provided for in Articles 95 and 96th. For the reality of the decisive decision, it is necessary to participate in the voting of at least half of the legitimate number of members of the Chamber ...

79. Ministers, at least they did not consist of members of the Chamber, have, by their position, the right to attend all meetings and participate in the discussion of all issues considered by it.

80. The highest guardianship of the order inside the buildings belonging to the wards and in the adjacent area (Art. 50th) belongs to the Chairpersons of the Chambers subject to the chambers or, in case of the stay of both chambers within the same area, one of the chairpersons in turn, for the time of each meeting . At its disposal, the chairmen consist of a special guard of this, they are extremely subordinate.

Chapter Fifth. On the subjects of the department and the space of power of the State Duma.

82. Projects of laws, first of submitting them to the discretion of the emperor (Art. 84th), are offered for discussion of both chambers of the State Duma (Art. 5th).

83. Mesed projects are offered by the State Duma by making them into one of the chambers of the ministers, on behalf of the emperor, or arise in the environment of which either from the chambers at a suggestion of at least 30 members in the House of People's Representatives or 15 members in the Zemstvo Chamber. The project is in which it is accepted in one of the chambers is transmitted to another. In the case of a proposal, this is the last amendment, he returns to the Chamber, which discussed him initially.

84. The projects approved by both chambers are represented by the State Chancellor of the Emperor, which has their own assertion.

85. Projects of laws rejected by one of the chambers of the State Duma or the emperor cannot be proposed again during the same meeting of the State Duma.

86. Government treaties, peaceful and trade, as well as all those that are associated with the establishment of obligations for the state treasury, with a change in the boundaries of the state territory, or the execution of which requires a change or addition of existing laws, is not at the approval of the State Duma in the legislative order (Art. 82-84th).

87. State painting is established no more than a one-year period, special law. But the amount released from the state treasury into the personal order of the emperor and on the content of the imperial yard is determined by the State Duma at the beginning of each reign and it cannot be changed without the consent of the emperor.

88. The draft state painting is offered to download the ward of people's representatives, from which, being approved is transmitted to the Zemstvo Chamber. The painting project approved by both chambers is represented by the emperor (art. 84th).

89. Establishment of supply, taxes, duties and other fees, state loans, the adoption by the state guarantees, the establishment of states, the permission of state structures, the alienation of individual public assets or income, the addition of arreed and state-owned penalties and in general, the establishment of all kinds of state revenues and expenses It is not provided for by the state painting, may not otherwise follow, as by publishing a special about the law.

90. The wards of the State Duma are offered for their consideration and approval of all reports on the execution of state painting.

92. During the meetings of the State Duma, members of it have the right to contact requests both to individual ministers and the Council of Ministers as a whole on the subject of the actions of the government or individual government agencies and officials. Explanations on such requests are represented by ministers personally subject to the Chamber in one of its meetings no later than a certain celastic period.

93. Each chambers have the right to produce an ubiquitous investigation through the elected commissions elected to it.

94. The establishment of the imperial surname ... may be the subject of revision in the legislative order is not otherwise as to indicate the emperor.

Chapter Six. Special rules.

95. If the draft law adopted by one of the chambers will be rejected by another, or if after the return of the project to the Chamber, which considered it initially, with the amendments of another chamber and after a new discussion of such a draft law in both chambers, will not follow the consent of the majority of both chambers, then each of the chambers has the right to decide on the transfer of the project to discuss the general meeting of the State Duma. Such a decision is considered to be, if no less than two thirds of the legitimate number of votes are given for it.

96. The execution of the decision to convene the general meeting of the State Duma is suspended to the resumption of powers of people's representatives. After this, within three months to open meetings of the chambers, the question of convening a general meeting of the State Duma is repeatedly discussed by the Palateau, his excited. If the Chamber is most of two thirds of the legitimate number of votes approve the previous decision, the draft law is transferred to the discussion of the general meeting of the State Duma.<…> The decisions of the general meeting of the State Duma are accepted by a simple majority of votes and reveal to the equivalent consonant solution of the majority of both chambers.

97. If the disagreement of solutions of both chambers will follow when discussing the state painting, and if, after secondary consideration of the issue that aroused the disagreement, the consent of the making of most chambers will not be achieved, the Regulations are made to discuss the general meeting of the State Duma, not waiting for the resumption of the powers of people's representatives and without Decisions on the Sea Chambers ...

Section fourth. About ministers.

98. State Chancellor and, according to his submission, other ministers are appointed by the emperor.

These are decrees, the families are fired from the post.

99. The State Chancellor is chaired in ministerial meetings; The title of state chancellor is compatible with the management of one of the ministries.

100. Each minister separately is responsible: 1.) For their personal actions or orders; 2) for the actions and orders of the authorities subordinate to him, based on its instructions; 3) The decrees and other acts of the emperor fastened by his signature.

101. The State Chancellor and other ministers in aggregate are responsible to the chambers of the State Duma for the general course of government.

102. For those committed when sending the post of violation of laws or rights of citizens, ministers to be civic and criminal liability.

For intentional violations of the regulations of the Basic Law and for the application of serious damage to the interests of the state by the exceeding, inaction or abuse of power, the ministers can be attracted by each of the State Duma Chambers to justice, with the citizen of the General Assembly of the First and Cassation Departments of the Governing Senate.

103. The pardon of the convicted minister may not otherwise follow, as at the request of the Chamber, the decree of which he was devoted to the court.

Section fifth. On the basics of local self-government.

104. Region, province, counties and volosts or appropriate divisions form self-governing unions, called zemstvo. Cities form self-governing communities.

106. Local government of lower unions has been based on a universal, equal, direct and closed voting. Each person who has the right to participate in the elections to the Chamber of People's Representatives has the right of the same participation in local elections, if it lived in this place - a county or a city - at least one year, or during the same period, local land or city fees paid . Meetings of higher self-governing unions can be elected by the meetings of the lowest unions.

Section Sixth. About the judiciary.

109. Places and persons sending government (administrative) power cannot be liaising by the rule of power.

110. Judicial establishments cannot be subordinate to other power except judicial.

111. Judges cannot be, against their desire, nor fools, nor move, nor eliminated from the execution of the position, otherwise, as a decree of the court and on the grounds, in law is certain.

112. No withdrawal from the general procedure for criminal proceedings with the participation of jurors, by the nature of crimes, is not allowed, excluding the case provided for in Article 102 of this Law. Officials for violations of the laws and rights of citizens committed in the disposal of official duties are subject to judicial civil and criminal liability with other citizens of the foundation; To attract officials to court, no conclusion is not required, nor the prior consent of their authorities.

113. No one is eliminated from entering the lists of jury on the basis of its property or public situation.

Electoral law.

Constitutional projects in Russia of the XVIII - early XX century. M, 2010.

§ 20 autochetia

The state structure of the Russian Empire is determined by two articles of basic laws: the first and forty seventh. Art. 1 Determines the properties of the power owned by the monarch. "The Russian Emperor, says in it, there is a monarch self-adjustable and unlimited. "It's not only for fear to obey the supreme power, but also for the conscience itself commands." There are three properties: the ridness, autocracy, unlimitedness. The designation of the Power of the monarch Verkhovna shows that he owns the highest irresponsible power in the state as it is in every monarchy. Autocracy and unlimitedness show that the entire fullness of the authorities focuses in our hands in the hands of the monarch. Art. 47 Indicates that the implementation of the autocratic power of the Russian king is committed according to the beginning of the legality. "The Russian Empire is managed on solid foundations of positive laws, institutions and charters, from the autocratic power of the outgoing." By autocravement, the existing state structure differs from the monarchy of limited, legality - from despotia, where the place of the law will take care of anything without a personal arbitrary of the ruler.

A self-adjustment was established in Russia. Even seen in it, which is coming from the outside, from the East or from Byzantium, and not originally developed with us, refer to the establishment of it to the era of Tatar yoke or at least not later than the XVI century. But the settlers of Art. 1 OSN. Zack. Do not go bend further, as before the XVIII century. This is due, firstly, by those framework, which it was furnished with the preparation of the Code of Laws. Legislative material used by its compilers was limited to 1649. Legislative acts that have previously emerged by the Cathedral Caming of the Tsar Alexei Mikhailovich, not at all were taken into consideration. Secondly, finding a general formulation of such an original start of Russian state life, like autocracy, in certain decions, a relatively late era was not easy. I had to look for a random expression for all indisputable starts. And those legal entities that are indicated by the writers of the arch, as sources of Art. 1 OSN. Zack., Not fully consistent with the importance of the beginning expressed in it. The source of the second part, which indicates the religious consecration of the autocratic power, served the spiritual regulation, namely, its place (Part I, paragraph 2), where, in the proof of the superiority of a collegial device for the church governance, it is indicated that the monarchs of autocratic do not cost without advisers. "The monarchs of the power are autocratic, which God himself command himself to obey; Obach the advisers have their own, not tokmo for the sake of the best truth of recovery, but in order not to slander the unfortunate people, that this or it will forcefully and for the most pleasures, they rather than the court and truth commands the monarch "(P. P. 3., № 3718, h . I, p. 2, p. 316). The first part of Art. 1, which establishes itself the beginning of the autoclase, has its sources of military articula of 1716, marine charter of 1720, Manifesta Anna John 1730 and the establishment of the imperial name of 1797. Of all these legislative acts, the general expression of the beginning of the autocracy contains only Anna Isannovna manifesto Therefore, of course, that one she had to oppose the autocracy attempt to limit him from the heads. "Further faithful to our subjects says in this manifesto, all unanimously asked us, so that we were autocracy in our Russian empire, as our progenitors had the progenitor, perceive deign" (P. S. Z., No. 5509, Feb. 28). In the military articula and maritime statutes that literally repeat each other, they actually say not about autocracy, but about self-leveling and, moreover, the death penalty is laid for insulting Majesty (P. S. Z., № 3006, art. 20 sense., P. 325 and No. 3435, h. V, Art. 2 sense., P. 59). "For His Majesty is a self-liberal monarch, who should not give anyone in the world about his answers, but the power and power has its own states and land, the Christian sovereign in its will and bondage to manage." This is unsuccessful and nowhere else in your legislation not occurring expression: "self-teles", as seen from the German text of the article, used there in the sense of "sovereign" (Ein Souveräner Monarch). Finally, in the establishment of the imperial surname, § 71, only about the attitude of the monarch to the members of the imperial family name. "With all these, the benefits of the undisturbed pledge comes to have each of our last name to the reign of perfect reverence, obedience and citizenship, uniform and peace-loving attitude in the preservation of family silence and consent. The reigning, Yako unlimited autocratic, in any other case, has the right from appointed by us. (P. S. Z., No. 17906, § 71, p. 585). If, nevertheless, the compilers of the arch on the first place put the link specifically for the establishment of the imperial name, then this is due to the fact that in one of this act, the combination of definitions is adopted in the architecture: autocracy and unlimited.

Mapping words: autocratic and unlimited as it may indicate that the legislator wanted them to identify two different properties of power. Expression § 71 uch. Imper. The names "Unlimited autocrats" as it should imply that there may be a self-container and limited. And indeed, Speransky in his leaders tried to give these words a different meaning. In two words, he says, very meaningful, is expressed in our laws of fullness of the supreme power: autocracy and unlimited. The word autocracy has two different meanings. Code it is attached to the state, it means the independence of the state from any outsider. In this sense, all states independent may be called states autocratic. When it is attached to the person of the sovereign, it means the combination of all elements of the present right in their entirety of them without any participation and separation. The word unlimited power means that no other power on Earth, the power is correct and legitimate, nor out, nor within the empire, can not put the limits of the supreme power of the Russian self-container. So, judging by the form of the presentation, Speransky distinguishes autocracy and unlimitedness. But in content, it determines them so that these concepts coincide. In fact, "the combination of all elements of the present right" is obviously nothing to mean, like the fact that there is no other authority that would limit the monarch's master. Following the example of Speransky, Gradovsky and Romanovich-Slavinsky also try to distinguish between autocracy and unlimitedness. Romanovich-Slavinsky repeats the essence of the word Speransky. Gradovsky conducts this difference somewhat differently. The name "unlimited", in his opinion, shows that the Will of the Emperor is not constrained by the well-known legal norms set up its power. The expression "autocracy" means that the Russian emperor does not share his supreme rights with any establishment or estate in the state, i.e., that every act of his will receive a binding force regardless of other establishment .¹ * however, and in such a definition of autocracy And unlimited merge together. The existence of "legal regulations set above the will of the monarch" may, of course, only under the condition "separation of the supreme rights between it and other establishments."

Comparison of articles of the first and second land. Zack. Indicates that the legislator itself did not attach the expression "unlimited" strictly defined value. Art. 2 Decides that when the inheritance of the throne comes to the face of female, the Empress belongs to the same power as the emperor, but this power, instead of "unlimited and autocratic", is called "supreme and autocratic". Since this is the same power, it is obviously "unlimited" and "supreme" in the language of the arch - synonyms. From this it should conclude that, determining the power of the monarch, as an autocratic, unlimited, the set of laws does not indicate these words of its various properties, and for greater clarity, the same property determines two unambiguous words.

The autocracy has, as Speransky himself rightly pointed out, two different meanings: they are also indicated by the external, international state sovereignty, and the inner fear of the power of the monarch. The first officially accepted the name, the self-container Ivan III, and then, as not without reason, Klyuchevsky notes * it indicated precisely to external, international sovereignty, for foreign independence. In this sense, the autocracy was used at the very end of the XVIII century, as can be seen from the above agreement Catherine II with the king of Irakli II. When this agreement states that the king of Irakli does not recognize on his other autocracy, the blood of power and the patronage of the empress, then, obviously, autocracy is not used here in the sense of absolutism, namely in the sense of sovereignty. But, on the other hand, John Grozny joining the autocracy precisely in the sense of the fearless concentration of all the completeness of state power in the hands of the monarch, when I noticed Kurbsky: "Why and the self-container will be settled when it does not build himself?" In such a sense, it is used by autocracy and in the manifest of Anna John on February 28, 1730, and in Ekaterininsky Ocasia, Art. 9: "The sovereign is autocratic, because no other, as the power connected in his particular, can act in akin to the world of the great state," and in Manifesto on April 29, 1881: "Glas God commands us to be cheerfully on the board of the board with faith in truth The autocratic power that we are called to assert and protect for the benefit of people from all sorts of excuses. " In this sense, this word is used now in everyday speech. Without a doubt, in the arrangement of laws, autocracy means not the external independence of power, but its inner fearlessness.

So, it should be recognized that the concept of autocracy is the concept of unlimited, in the sense of focusing in the hands of the monarch of all the completeness of state power in the hands of the monarch. If the OSN. Zack. Along with the autocracy, it also mentions the unlimited power, then only for greater clarity. Otherwise, unlimitedness could not be omitted in determining the power of the Empress, in all equal to the authority of the emperor.

Addition . Article 4 of the current basic laws (Code of laws, t. I, part I, ed. 1906) decides: "The Emperor of the All-Russian authorities belongs to the Supreme Auditorous Power. It is not only for fear to obey the power of him, but also for conscience God commands. " From the comparison of this text with the text of the Former Art. 1 of the main laws is that in the new characteristic of the power of the Emperor of the All-Russian, a sign of unlimitedness is omitted and signs of autocracy and supractions are preserved. As for the ridness, from the point of view taken by N. M. Korkunov, it is not a decisive moment to conclude on cash in Russia of a particular form of the monarchical system. This crucial moment should, on the contrary, consider disappearance from the characteristics of the imperial power of the epithet "Unlimited", which follows from the comparison of Articles 4, 7, 10, 11 and 86 of the main laws.

In meaning, their sovereign emperor exercises legislative power in unity with the State Council and the State Duma; No new law can resolve without approval of the State Council and the State Duma and perceive the power without approving the emperor's sovereign; Decrees and commands in the order of supreme management are published by the state ship by the emperor in accordance with the laws, in the cases of the department of the subordinate, a certain degree of power entrusts to the emperor to be places and persons from the Emperor's state order according to the law. Thus, the management of management, carried out or independently to the state truck, or by authorization from it and according to the law by other bodies of the state, turns out to be subordinate other, the highest form of manifestation of state power, called the authority of the legislative; And this latter cannot already be implemented by the sovereign and suggests the joint actions of the monarch, the State Council and the State Duma. Therefore, the beginning of unlimited, or, on the interpretation of N. M. Korshunova, the concentration of all the completeness of the authorities in the hands of the monarch, and could not be preserved in the decisions of the basic laws on the being of the Supreme Auditorous Power. And if the Emperor of All-Russian and is currently referred to as an unlimited self-container in the institution about the imperial family in Art. 222 sq. Zak., T. I, Part I, ed. 1906, then from the content of this article and from the site occupied by it in the system of basic laws, it is clear that it means the power of the royal emperor over the members of the Imperial House.

Under these conditions, although the power of the emperor's sovereign is still called autocratic, autocracy in the modern state strict Russia cannot be understood as the beginning of equivalent unlimitedness. The sovereign of the emperor under the action of new basic laws is the monarch limited or, according to the established and consistent expression - the constitutional, and the state system of Russia there is a system of limited or constitutional monarchy. The beginning of the autocracy should, thus given a different interpretation. It is most often interpreted as the external international state sovereignty, that is, as it, according to N. M. Korkunova, was understood sometimes until the end of xVIII century.

Notes:

¹* Gradovsky. Start I, p. 1 and 2, (Collected Works, vol. 7).

²* Klyuchevsky. Boyarskaya Duma, 2 ed. 1883, p. 258.