When was the State Council created? The creation of the State Council of the Russian Empire as an attempt to implement the idea of ​​separation of powers

From the time of Peter the Great there is a continuous almost oscillation of the government from one plan to another. This inconstancy, or, better to say, the lack of solid principles, was the reason that hitherto the image of our government does not have any definite form and many institutions, excellent in themselves, were destroyed almost as quickly as they arose.

When issuing the most prudent and saving laws, the question of what they are based on and what can certify their action, this question always remained unresolved, and in the heart of the people it killed all their power and trust.

It is impossible for this to be otherwise. In any state whose political position is determined by the sole character of the sovereign, the law will never have force, the people will be everything that the powers that be command them to be. A strong and enterprising spirit will sit on the throne, one of these spirits that heaven sends to earth to transform the fate of kingdoms; he will wish to move the rude and stubborn people in one fell swoop and place them at that point of perfection, to which neighboring states have reached for centuries - and this kingdom will be covered with all the splendor of borrowed enlightenment. The successes of the war and the external similarity of the internal structure will make the people dream that they did everything by dressing up in someone else’s clothes and changing their appearance. From now on, imitation will become a characteristic of the people, and the natural pride of the northern inhabitants will turn into vanity and pompous confidence. Everyone will start decorating the surfaces and, having introduced foreign names into the image of government, will think that they have changed its very essence - they will gild their chains and call themselves free. Blinded by the ghosts of luxury and exchanging bloody sweat for toys, they will dream that they have become rich through trade. Academies will open, Bernoulli and Ridingers will appear, the deeds of the wise will be glorified in Europe, and the people will consider reading and writing as mortal sins. In this way another kingdom will pass along the deep rein laid by the first. Overwhelmed by courtly intrigues, the throne will go to power-hungry ministers, who, in the name of the weakness sitting on it, will allow themselves the most Asian cruelty and autocracy in a European state. The people, oppressed under this yoke, will take a breath under the reign of mercy and piety, and although their fate in its essence will not change, the sweet confidence of the possessing mercy will somewhat support its spirit from falling.

Speransky M.M. Reflections on the state structure of the empire // Speransky M.M. Projects and notes. M., L., 1961 http://stepanov01.narod.ru/library/speransky/chapt02.htm

PRINCIPLES OF ORGANIZATION OF THE STATE COUNCIL

Based on the examples of our ancient domestic legislation, we will not leave to establish the order by which this code, by the cumulative consideration of the most selected classes, can be respected and achieve its perfection.

But civil laws, no matter how perfect they are, cannot be firm without state institutions.

Among these institutions, the Council has long occupied an important place. At the beginning it was temporary and transitory. But upon our accession to the throne, naming it State, we then intended to give him in due time an education characteristic of public institutions.

Now, with the help of the Most High, we have decided to complete this education on the following main principles:

I. In the order of state regulations, the Council constitutes an estate in which all parts of government in their main relations to legislation are considered and through it ascend to the supreme imperial power.

II. Therefore, all laws, charters and institutions in their original outlines are proposed and considered in the State Council and then, through the action of the sovereign power, they are carried out for their intended implementation.

III. No law, charter or institution comes from the Council and cannot be implemented without the approval of the sovereign power.

IV. The Council is composed of individuals who have been called to this class by our power of attorney.

V. Members of the Council may have judicial and executive titles.

VI. Ministers are members of the Council by their rank.

VII. We ourselves chair the Council.

VIII. In the absence of our Chairman, one of the members appointed by us shall take our place as Chairman.

IX. The appointment of a presiding member is renewed annually.

X. The Council is divided into departments.

XI. Each department has a certain number of members, of whom one is chairman.

XII. Ministers cannot be chairmen of departments.

XIII. Members of all departments form the general meeting.

XIV. Members of the Council, upon whose determination a special department will not be appointed, are present at general meetings.

XV. The placement of members by department is renewed every six months at our discretion.

XVI. The presence of departments and general meetings has set days, but out of respect for business, they can be convened at any time by our special command.

Manifesto “Establishment of the State Council” January 1, 1810 // Russian legislation of the 10th–20th centuries. In 9 volumes. T.6. Legislation of the first half of the 19th century. M., 1988. http://www.hist.msu.ru/ER/Etext/gossovet.htm

DIRECTIONS OF ACTIVITY OF THE STATE COUNCIL

The Council of State, thus constituted, will, in its first meetings, pay attention to the following main subjects:

First. The civil code, as it is carried out with the judicial rites belonging to it and the arrangement of judicial places, will come to his respect. This will be followed by criminal law. The general structure of the judicial department depends on the successful completion of this work. Having entrusted it especially to the Governing Senate, we will not hesitate to give this highest judicial class in our empire the education inherent in its important purpose, and we will add to its institutions everything that can improve and elevate them.

Second. Different parts entrusted to ministries require different additions. At their initial establishment, it was assumed that these institutions would be gradually brought to perfection, taking into account their very action. Experience has shown the need to complete them with the most convenient division. We will propose to the Council the beginnings of their final structure and the main grounds for a general ministerial order, in which the relations of ministers to other state institutions will be precisely defined and the limits of action and the degree of their responsibility will be indicated.

Third. The current state of government revenues and expenditures also requires strict consideration and determination. At this point, we will deliver to the Council a financial plan drawn up on the principles of these parts that are most characteristic. The main reasons for this plan are to bring them into proper proportion with the revenues by means of all possible reductions in costs, to establish in all parts of government the true rationality of good economy and, through the most effective measures, to lay a solid foundation for the gradual payment of state debts, the inviolability of which, certified by all state wealth, we We have always recognized and will continue to recognize one of the most important and inviolable obligations of our empire.

Given in St. Petersburg on the 1st day of January in the summer of Christ 1810, the tenth of our reign.

State Council

1) the highest legislative institution of the Russian Empire. Formed on January 1 (13), 1810 in accordance with the plan of state reforms by M. M. Speransky (See Speransky). In G. s. provision was made for the consideration of all bills before approval by the tsar, which was often not carried out. Introducing bills into the State Duma. determined by the will of the king. Legislative initiative of the State Duma. did not possess. Initially in G. s. there were 35 members, in 1890 there were 60. Members of the G. s. and the chairman were appointed by the king from among the highest dignitaries. The ministers were members of the State Council. by position. If the king was present, the chairmanship passed to him. In 1812-65, the chairman of the State Council. was also the chairman of the Committee of Ministers. G. s. consisted of 4 departments: the department of laws, which considered bills of national importance; the Department of Civil and Religious Affairs, which was in charge of justice, police and spiritual affairs; the Department of State Economy, which dealt with issues related to finance, industry, trade, science, etc.; military department, which existed until the end of the 50s. 19th century From 1832 to 1862 there was a department of the Kingdom of Poland: in 1866-71 with similar functions - the Committee for the Affairs of the Kingdom of Poland; in 1901-06 - Department of Industry, Sciences and Trade. All cases were submitted to the State Chancellery. The secretary of state was at the head of the office. The first Secretary of State was M. M. Speransky. In addition, as part of G. s. there were a number of commissions, departments, etc.

The role of G. s. was not always the same. During the reign of Nicholas I [ruled 1825-55], the place of the city was finally determined. in the system of government institutions as a legislative advisory body. In 1815-25 and in the 80s. role of G. s. falls, it is replaced by the Committee of Ministers. Since 1906, in connection with the creation of the State Duma (See State Duma), the State Duma, like the State Duma, received legislative initiative, excluding the issue of changing basic state laws. At this time G. s. was composed half of members by appointment, half by election. Members of the G. s. were elected by the Synod from the Orthodox clergy (6 people), from each provincial zemstvo assembly (1 person), from noble provinces and regions. societies (18 people), from academicians and university professors (6 people), from the largest organizations of industrialists and traders (12 people), the Finnish Diet elected 2 people. Members of the G. s. elected for 9 years, every 3 years 1/3 of the composition was renewed. Liquidated as a result of the February Revolution of 1917.

Lit.: Speransky M. M., Projects and notes, M. - L., 1961: Report on the records management of the State Council, vol. 1-38, St. Petersburg, 1870-1906; Verbatim reports of the State Council. Session 1-13, [vol. 1-221, St. Petersburg, 1906-16; State Council. 1801-1901, St. Petersburg, 1901; Eroshkin N.P., History of state institutions of pre-revolutionary Russia, 2nd ed., M., 1968.

P. A. Zayonchkovsky.

2) In some foreign countries (France, Belgium, the Netherlands, Luxembourg, Cambodia, Tunisia, Ecuador) - one of the central government institutions, which is either the highest body of administrative justice (See Administrative justice), or a body of constitutional control, or (in some countries - at the same time) an advisory body to the head of state.

3) In Sweden, Norway, Finland, in parts of the cantons of Switzerland, in the PRC - the official name of the government.

4) In Poland, the German Democratic Republic, Romania - the highest collegial body of state power, elected by a representative body of power (Sejm, People's Chamber, Grand National Assembly).


Great Soviet Encyclopedia. - M.: Soviet Encyclopedia. 1969-1978 .

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    In a number of countries, the name of government bodies of varying competence. For example, in France the highest body of administrative justice; in Denmark, Norway and a number of other countries the name of the executive body of government, presided over by the king... Big Encyclopedic Dictionary

    STATE COUNCIL, the highest legislative body of the Russian Empire since 1810; since 1906 the supreme legislative chamber. Considered bills introduced by ministers before their approval by the emperor, estimates and staffing of government institutions,... ... Russian history

Books

  • State Council in Russia, especially during the reign of Alexander the First. Volume 1, Shcheglov V.G. Historical and legal research. The history of the formation of the State Council in comparison with similar Western European institutions. Reproduced in the original copyright...

State Council The State Council was one of the supreme governing bodies in the Russian Empire. On January 1, 1810, the manifesto of Alexander I established the highest legislative body, called the State Council. The State Council was created on the initiative of M. M. Speransky; its predecessor was the Permanent Council, established in 1801. The composition of the State Council was appointed by the emperor from among the most influential officials and close associates. Their number in different years ranged from 40 to 80 people. The Council also included ministers. The Chairman of the State Council was the Tsar, and in his absence one of the Council members was appointed by the Emperor. This appointment was for one year only. Structure of the Council: general meeting, four departments (department of laws, departments of military affairs, civil and spiritual affairs, state economy), two commissions (for the protection of public order, a special meeting for the protection of peace) and the state chancellery. All bills had to pass through the State Council. He himself had to develop the most important of them. The State Council discussed draft laws, then approved by the emperor, issues of war and peace, the introduction of a state of emergency in certain areas, the budget, reports of all ministries and departments, and some judicial and other cases that were submitted by the king for his consideration. Draft laws were discussed first in departments, then in the general meeting, after which they were submitted for approval by the emperor. But the emperor could issue a law without preliminary consideration of it by the State Council, i.e. the tsar could approve the decision of the State Council or reject it, regardless of the fact that this decision was made by the majority of the Council members. From the second quarter of the 19th century. bills began to be developed in the royal office, ministries, and special committees. Their discussion in the State Council began to take on a formal character. The State Council was also in charge of the codification of laws. From 1882 to 1894 this was handled by the Codification Department, and from 1894 by the Code of Laws Department of the State Chancellery. The State Council controlled the activities of the Senate through the “Special Presence” created in 1884 for the preliminary consideration of all-subject complaints against the determination of the departments of the Senate. Attempts to expand the composition of the State Council through elected members from the nobility, zemstvos and cities were unsuccessful. The State Council was also entrusted with financial management responsibilities. The State Council existed with some changes until 1917. In 1906, in connection with the establishment of the State Duma, the State Council was also reformed. The Tsar gave the Council powers that the Council did not have before. The composition, structure and competence of the renewed Council were determined by the acts of February 29, 1906 “On the reorganization of the establishment of the State Council” and April 23, 1906 “Establishment of the State Council”. The essence of the transformation is the transformation of the State Council into the upper chamber, which, naturally, significantly diminished the rights of the State Duma. Elections to the State Council were organized in such a way that democratic elements and workers could not get there. Half of the members of the Council were appointed by the tsar from large officials who had previously held ministerial and other senior positions in the state, and the other was elected by narrow corporations - from provincial zemstvo assemblies, noble communities, bourgeois organizations, from the clergy of the Orthodox Church, from the Academy of Sciences and universities. Consequently, both the appointed and elected parts of the State Council provided tsarism with the opportunity, through the State Council, to prevent the Duma from adopting a law that was objectionable to the regime. Members were elected by election for a term of 9 years. Every three years, a third of them were renewed. The structure of the State Council was as follows: a general meeting, two numbered departments, two presences and a state chancellery. Commissions and special meetings were formed as needed. From among the members of the Council, the Tsar annually appointed the Chairman and Vice-Chairman of the State Council. The Secretary of State was at the head of the State Council office. In order to isolate the State Council from the people, it was forbidden to submit requests and applications to the Council, as well as to accept deputations from the people. Although the law gave the State Council equal rights with the Duma, in reality it was placed above the Duma and became the upper house of the Russian “parliament”. The State Council, like the State Duma, had the right of legislative initiative. And most importantly, without his consent, the bill adopted by the Duma was not submitted for approval. He rejected a number of important Duma bills, for example, on the introduction of the Arkhangelsk Zemstvo. The State Council could reject any bill adopted by the Duma that was objectionable to the tsarist government. In case of disagreement between these chambers, the matter was referred to the conciliation commission. If no agreement was reached, the bill was considered rejected. The bill adopted by the Duma and the State Council, but not approved by the Tsar, was also considered rejected. By transforming the State Council into a legislative chamber, the tsarist government grossly violated its Manifesto, which spoke of only one legislative institution - the State Duma.
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The State Council - the highest legislative institution of Russia - was created by decree of Alexander I in 1810. Its predecessor was the Permanent Council, established by decree of Emperor Alexander I on March 30, 1801. Members of the State Council were appointed personally by the emperor. In total, during the years 1802-1906, the State Council consisted of 548 members. All laws and legislative acts had to be discussed in the State Council before approval by the emperor.

1906-1917

The State Council consisted of an equal number of members appointed by the Emperor and elected members. Elected members of the State Council were elected: from provincial zemstvo assemblies - 1 person for 3 years; from provincial and regional noble societies - 18 people; from the Orthodox Russian Church - 6 people elected by the Synod on the proposal of the diocesan bishops; from the Council and local trade and manufacturing committees, exchange committees and merchant councils - 12 people; from the St. Petersburg Academy of Sciences and Universities - 6 people; from the Finnish Diet - 2 people. In 1914, the State Council consisted of 188 people.

Members of the State Council (with the exception of members from provincial zemstvo assemblies) were elected for 9 years; Every 3 years, a third of the composition was renewed. Persons who did not have the right to participate in elections to the State Duma, persons under 40 years of age, or those who had not completed a course in secondary educational institutions could not be elected to the State Council.

See also

  • General chronological list of members of the State Council of the Russian Empire from March 30, 1801 to 1917.

Literature

  • Shilov D. N., Kuzmin Yu. A. Members of the State Council of the Russian Empire, 1801-1906: Bio-bibliographic reference book. St. Petersburg: Dmitry Bulanin, 2007. 992 pp. ISBN 5-86007-515-4.
  • State Council of the Russian Empire, 1906-1917: Encyclopedia. Moscow: Russian Political Encyclopedia, 2008. 343 p. ISBN 978-5-8243-0986-7.

Links

  • Code of laws of the Russian Empire. VOLUME ONE. PART TWO. Basic state laws. Edition 1906. CHAPTER TEN About the State Council and the State Duma and their mode of action.
  • S. V. Kodan.¨To establish the strength and bliss of the Russian Empire on the unshakable basis of law...¨: State Council in Russia

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    This term has other meanings, see Council of State ... Wikipedia

    A ceremonial meeting of the State Council on May 7, 1901 in honor of the centenary of its establishment. Artist I. Repin (1903). Oil on canvas. 400 × 877 cm. State Russian Museum. St. Petersburg Supreme State Council ... ... Wikipedia

    STATE COUNCIL OF THE RUSSIAN EMPIRE- established on January 1, 1810 as the highest legislative body. In other words, all laws were first presented in G. s. R.I. and only after his approval they came to the Emperor for approval. In Russian literature, the opinion was expressed that... ... Encyclopedic Dictionary of Constitutional Law

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    State Bank of the Russian Empire- was founded by Decree of Emperor Alexander II of June 12 (May 31, old style) 1860. Formally, it was transformed from the State Commercial Bank, created in 1817. The fixed capital, initially allocated to it from the treasury, ... ... Encyclopedia of Newsmakers

    State Bank of the Russian Empire. Kharkov provincial branch, 1900 State Bank The central bank in pre-revolutionary Russia was established in 1860 in accordance with the decree of Alexander II on the basis of the reorganization of the State ... Wikipedia

The establishment of the State Council, the first Supreme legislative body in the Russian Empire, took place in 1810. He reviewed bills introduced by ministers before they were approved by the emperor. The creation of the State Duma, as well as the highest legislative body, took place using the electoral system. In this case, one part of the members was appointed by the emperor, and the other was chosen.

At first, the creation of the State Council took place on the instructions of the emperor. The first thirty-five members were ministers (according to position) and appointed trusted dignitaries. The chairman was considered the emperor himself, and in his absence, one of the members of the Council appointed by him. From 1812 to 1865, the Chairman of the Supreme Body was the Prime Minister.

The establishment of the State Council also implied the formation of a Commission for drafting laws and an Office, headed by the Secretary of the Government. The office was engaged not only in maintaining records, but also in drafting bills that were submitted for discussion, as well as in carrying out work on drafting laws.

The establishment of the State Council made it possible to consider bills after discussing them in departments. After their approval by the emperor, the laws came into force. At the same time, the emperor could agree with both the majority and the minority of the State Council, or he could completely reject any opinion.

The committee consisted of department chairmen. He was entrusted with reviewing the project for the transformation of ministries.

The State Council also discussed the staffing and estimates of institutions, complaints regarding the definitions of departments from the Senate and other bodies. A commission on petitions functioned under the Supreme Authority. The State Council performed an important task in the development and publication of the Code of Laws and the first Complete Legislative Collection of the Russian Empire. Thus, in 1833, thirty-three volumes of the Complete Collection and fifteen volumes of the Code of Laws were developed and prepared. During the reign of Alexander II, the State Council participated in the development of the legislative basis for the reforms of the 1860-1870s.

After the proclamation of the Manifesto of 1905, certain reforms took place in the administrative apparatus. Thus, the State Council was transformed into the upper house of the country's Parliament. From this point on, half of the participants were appointed by the ruler, and the other half were elected. Elections were carried out in accordance with professional and class curiae. Representatives of noble societies and clergy became members. The highest body considered bills adopted by the State Duma before their approval by the emperor. At the same time, the ruler considered only those regulations that were approved in both chambers. It should be noted that the Council and the Duma had different legislative rights.

In 1917, after the revolution, the Supreme Body ceased to exist.

The re-establishment of the State Council took place in 1991 under Gorbachev's USSR. He also became the Chairman of the Supreme Body. The State Council existed before the collapse of the Soviet Union. Again it was formed by President Putin. The State Council was established as an advisory body in 2000, on September 1st. Ensuring its activities is entrusted to the Presidential Administration for Internal Political Activities.

The State Council includes senior leaders from In accordance with the decision of the President, other figures may also be present in the body.

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