Until what year did the State Council last? State Council and its powers (XIX-XX centuries)

The State Council under the President of the Russian Federation was first created in 1991, on July 19. At that time, the head of the country was Boris Yeltsin. Next, let's look at what the State Council of the Russian Federation represents today: the powers, status and importance of this body.

Historical reference

In 1991, the State Council of the Russian Federation acted as an advisory body. He participated in the formation of the highest power structures in the country. The First State Council of the Russian Federation, which included about 15-20 members, was abolished on November 6, 1991. In fact, this body existed for 4 months and did not leave a special mark on the activities of the authorities. However, the problem of the need to create an advisory body remained. Subsequently, projects for the formation of the State Council were developed in 1995 by Shakhrai, in 1996-1997 by Chubais. However, the idea of ​​creating this body became most popular in 2000. At that time, Vladimir Putin was already President. He introduced a draft law establishing a new procedure for forming the Council of the Russian Federation.

Basic Prerequisites

This bill was being considered by the State Duma. During the discussion, she addressed the Head of the country with a request. It contained a proposal to create the State Council of the Russian Federation. The functions that were supposed to be assigned to him concerned solving problems in the regions. In 2000 (July 26), a bill under consideration was adopted on the procedure in accordance with which the Council of the Russian Federation should be formed. The next day, the Head of the country signed a special order. In it, he approved the request from regional officials to create a State Council.

Normative base

Officially, the State Council of the Russian Federation was formed on September 1, 2000. The basis for this was the decree of the Head of the country. In accordance with it, a special Regulation on the State Council was approved. According to this document, the State Council of the Russian Federation is an advisory structure. Its main task is to ensure assistance to the activities of the President on issues of regulating the interaction of government bodies. The powers of the Council of the State Duma of the Russian Federation are determined by the Constitution and federal laws. In its activities, this body is also guided by the orders and decrees of the Head of the country.

First meeting

It took place in 2000, on November 22. On the agenda was the issue of the country's development strategy for the period until 2010. The President, opening the meeting, noted that the State Council should become a political structure of strategic importance. This is what will distinguish it from other government agencies.

Tasks

The first is to ensure assistance to the activities of the President in coordinating the existing branches of government in the country. The State Council is called upon to regulate the consistency of interaction and functioning of government agencies.

The next important task of the structure is advisory and advisory activities. It involves a discussion of problems that are of particular importance for the country and relate to the interaction of the highest federal authorities with the constituent entities of the Russian Federation, issues of state development and strengthening of federalism. As part of this activity, it is also envisaged to submit important proposals to the Head of the country.

The next task that the Council of the State Duma of the Russian Federation must implement is participation in ensuring the rule of law. As part of his activities, he discusses issues that relate to compliance (execution) by federal and regional government structures, territorial self-government bodies, as well as their officials of the Constitution of the country, laws, orders and decrees of the Head of the country, as well as decrees and decisions of the Government.

The next task is to assist the President in his use of conciliation procedures in the process of resolving conflicts and disagreements between government institutions.

In last, fifth place, is the legislative advisory activity of the body. Within the framework of this, the State Council of the Russian Federation considers, at the proposal of the Head of the country, bills and decrees of federal significance. These include, for example, the draft budget and discussion of information about its implementation. At the same time, the State Council does not have the right of legislative initiative. On this issue we can quite agree with the opinion of G. Seleznev. The Chairman of the State Duma noted that the State Council should not duplicate the Federal Assembly and act as its third chamber.

Formation order

The State Council includes the Chairman and members of the State Council. They participate in the activities of the body on a voluntary basis. The President of the country acts as the Chairman. Members of the body are persons holding senior positions in the executive authorities of the constituent entities. In accordance with the decision of the Head of the country, persons who have replaced the heads of senior executive government bodies for two or more consecutive terms are allowed to be included in the State Council.

Operational issues are resolved by the Presidium, which includes seven members. Its personal composition is determined by the Head of the country and is subject to rotation every six months. The Secretary of the State Council is not a member. The duties of this official are performed on a voluntary basis by one of the Deputy Heads of the Presidential Administration.

Organization of activities

The Presidium discusses the work plan of the State Council and considers the agenda for the upcoming meeting. At the same time, he also analyzes the activities and decisions of the advisory body. Meetings of the Presidium are convened as needed, but usually at least once a month.

Chairman's work

This official sets the time and place of the next meeting of the State Council and the Presidium. The chairman also gives instructions to the members of the body and its secretary. Based on the proposals of the Presidium, he forms the work plan of the State Council, as well as the agenda of the planned meeting. The official also chairs meetings.

Activities of the Secretary

His responsibilities include:

  • Ensuring the preparation of the draft proposed work plan of the State Council, drawing up an agenda, collecting materials for meetings, draft decisions.
  • Informing members about the time and place of the meeting, issues that will be considered, providing them with the necessary documents.
  • Execution of instructions from the Chairman.
  • Signing minutes of meetings.

The Secretary of the State Council is responsible for ensuring the functioning of the advisory body.

Participants' work

Members of the State Council submit proposals to the Presidium regarding the activity plan, agenda and order in which issues will be discussed. They also participate in the preparation of meeting documents and draft decisions. Members of the State Council may delegate powers to other competent persons.

additional information

The State Council and its Presidium have the right to form temporary and permanent working groups. Their activities include preparing issues to be considered at meetings, attracting specialists and scientists to perform a certain type of work, including on the basis of contracts. Ensuring the functioning of the State Council is carried out by the relevant divisions of the administrative apparatus of the President and the Administration of the Head of the Country.

Operating procedure

Meetings are convened regularly, at least once every three months. According to the decision of the Chairman, extraordinary meetings may also be held. A meeting of the State Council is considered valid if the majority of the total number of members of the advisory body is present. Meetings are usually held in the Kremlin. The adoption of certain decisions on the issues raised is carried out through their discussion.

By decision of the presiding officer, voting may be held on any item on the agenda. The highest official has the right to establish the procedure by which decisions will be made on issues of particular importance to the state through consensus.

Design features of solutions

Based on the results of the discussions, relevant documents – protocols – are drawn up. All decisions made in this way are signed by the Secretary of the State Council. If necessary, the results of discussions can be formalized in orders, decrees or instructions on behalf of the Head of the country. In the event that decisions were made on issues relating to the need to adopt a constitutional federal law, state normative act or make additions to them, as well as amendments, changes to draft laws in force at the time of convening the meetings, the developed plan for the corresponding normative act is transferred to the State Duma of the Federal Meetings. This procedure is formalized as a legislative initiative. It is implemented by the President of the Russian Federation.

State Council of the Russian Empire.State Council- the highest legislative body of the Russian Empire in 1810-1906 and the upper chamber of the legislative institution of the Russian Empire in 1906-1917. State Council in 1810-1906 The creation of the State Council was announced by the manifesto “Education of the State Council” of Emperor Alexander I, published on January 1 (13), 1810. The predecessor of the State Council was the Permanent Council, established on March 30 (April 11), 1801, which was also informally called the State Council, so the founding date of the latter is sometimes attributed to 1801. The formation of the State Council was one of the elements of the program for transforming the system of power in Russia, developed by M. M. Speransky. The goals of its creation were disclosed in detail in Speransky’s note “On the need to establish the State Council.”

Members of the State Council were appointed and dismissed by the emperor; they could be any person, regardless of class, rank, age and education. The absolute majority in the State Council were nobles; appointment to the State Council in most cases was actually lifelong. Ex officio members included ministers. The Chairman and Vice-Chairman of the State Council were appointed annually by the Emperor. In 1812-1865, the chairman of the State Council was at the same time the chairman of the Committee of Ministers; among the members of the State Council there were always representatives of the imperial family, and from 1865 to 1905 the chairmen of the State Council were grand dukes. If the emperor was present at a meeting of the State Council, then the chairmanship passed to him. In 1810 there were 35 members of the State Council, in 1890 - 60 members, and at the beginning of the 20th century their number reached 90. In total, during the years 1802-1906, the State Council consisted of 548 members.

Powers of the State Council:

    new laws or legislative proposals;

    internal management issues requiring repeal, restriction, addition or clarification of previous laws;

    issues of domestic and foreign policy in emergency circumstances;

    annual estimate of general state revenues and expenses (since 1862 - state list of income and expenses);

    reports of the State Control on the execution of the list of income and expenses (since 1836);

    emergency financial measures, etc.

The State Council consisted of general meeting, State Chancellery, departments and standing committees. In addition, various temporary special meetings, committees, presences and commissions operated under him.

All cases were received by the State Council only through the State Chancellery addressed to the Secretary of State who headed it. After determining whether a given case belongs to the jurisdiction of the State Council, the Secretary of State assigned it to the appropriate department of the chancellery, which prepared it for hearing in the appropriate department of the State Council. Urgent matters, by order of the emperor, could be immediately transferred to the general meeting of the State Council, but usually the matter first went through the relevant department, and then went to the general meeting. According to the manifesto of January 1, 1810, all laws adopted were to pass through the State Council. Decisions in departments and the general meeting were made by a majority of votes, but the emperor could approve the opinion of the minority.

According to the decree of April 5 (17), 1812, the State Council subordinated the ministries during the absence of the emperor, and the decree of August 29 (September 10), 1801, in the event of a prolonged absence of the emperor in the capital, the decisions of the majority of the general meeting of the State Council take the force of law. In 1832, the powers of the Council were reduced: ministers stopped submitting annual reports on their activities to it. On April 15 (27), 1842, a new document was adopted defining the activities of the Council, replacing the manifesto of 1810: “Establishment of the State Council,” developed by a committee chaired by Prince I.V. Vasilchikov. The new provision limited the scope of activity of the State Council, identifying a number of areas of legislative activity that were not subject to consideration at its meetings, but at the same time expanded it to include administrative matters and legal issues.

Departments of the State Council until 1906Department of Laws (1810-1906). He considered bills on the administrative-territorial structure, legal proceedings, taxation, significant reforms of the state apparatus, draft regulations and staffing of individual government agencies, industrial, financial and commercial societies, and public organizations. Department of Civil and Spiritual Affairs (1810-1906). Considered legal issues and matters of spiritual administration: forms and procedures of legal proceedings; interpretation and application in judicial practice of certain articles of civil and criminal legislation; elevation to the nobility and deprivation thereof, cases of conferring princely, count and baronial titles; cases of inheritance, land and other property disputes, alienation of real estate for state needs or its transfer from state ownership to private hands; on the establishment of new dioceses and parishes of Orthodox and other faiths. The department also considered cases that caused disagreements when they were resolved in the Senate or between the Senate and individual ministries. Department of State Economy (1810-1906). He dealt with issues of finance, trade, industry and public education. He considered bills related to the development of the economy, state revenues and expenses, financial estimates of ministries and main departments, reports of state banks, taxation issues, granting privileges to individual joint-stock companies, cases of discoveries and inventions. Department of Military Affairs (1810-1854). Considered issues of military legislation; recruiting and arming the army; creation of central and local institutions of the military department; funds to meet his economic needs; class and service rights and privileges of persons assigned to the military department, their judicial and administrative responsibility. It actually ceased to operate in 1854. Provisional Department (1817). It was formed to consider and prepare bills in the financial field: on the establishment of the State Commercial Bank, the Council of State Credit Institutions, as well as the introduction of a drinking tax, etc. Department of Affairs of the Kingdom of Poland (1832-1862). Formed after the abolition of the constitutional autonomy of the Kingdom of Poland to consider general policy issues regarding Polish lands, develop relevant bills, as well as list the income and expenses of the Kingdom of Poland. Department of Industry, Science and Trade (1900-1906). Considered bills and budgetary allocations in the field of development of industry and trade, as well as education; cases on approval of charters of joint stock companies and railways; granting privileges for discoveries and inventions. Commissions and other bodies of the State Council until 1906

Commission for drafting laws (1810-1826). Formed in 1796 to codify legislation. With the formation of the State Council, she became a member of it. Abolished in connection with the creation of the II Department of His Imperial Majesty's Own Chancellery. In 1882, Section II was again transferred to the State Council, forming Codification Department (1882-1893), abolished after the transfer of issues of codification of legislation to the State Chancellery. Commission for accepting petitions (1810-1835). It was created to receive complaints related to the activities of government bodies, as well as petitions related to the appointment of various types of benefits. After 1835, it was removed from the State Council and subordinated directly to the emperor. It existed until 1884, after which it was transformed into a special Office for accepting petitions, abolished in 1917. Special presence for the preliminary consideration of complaints against the determination of departments of the Senate (1884-1917). His task was to consider complaints against decisions of Senate departments and determine the possibility of transferring relevant cases to the general meeting of the State Council.

The Manifesto of February 20, 1906 and the new edition of the Basic Laws of the Russian Empire of April 23, 1906 established the State Council as a legislative body - the upper house of the first Russian parliament, along with the lower house - the State Duma.

Half of the members of the State Council were appointed by the emperor, the other half were elected. Members by election enjoyed parliamentary immunity, while members by appointment remained primarily officials. In total, the first composition of the State Council had 196 members (98 appointed and 98 elected). The election was carried out according to 5 categories (curias): from the Orthodox clergy - 6 people; from noble societies - 18 people; from provincial zemstvo assemblies - one from each; from the Academy of Sciences and universities - 6 people; from the Council of Trade and Manufactures, exchange committees and merchant councils - 12 people; in addition, 2 people were elected from the Finnish Diet. The term for electing members by election was 9 years. Every 3 years, a rotation was carried out, as a result of which 1/3 of the Council members for each category dropped out in the following order. This did not apply to members elected from zemstvos, who were re-elected every three years in full. Persons who did not have the right to participate in elections to the State Duma, persons under 40 years of age or who had not completed a course in secondary educational institutions and foreign nationals could not be elected to the State Council. The Chairman of the State Council and his deputy were appointed annually by the Emperor from among the members of the Council by appointment.

The structure of the State Council after 1906 changed significantly. In addition to general meeting And State Chancellery only two left department(instead of four), the number of permanent employees has increased commissions. Meetings of the general meeting of the State Council were now public, and the public and representatives of the press could attend.

During the February Revolution, on February 25, 1917, Emperor Nicholas II issued decrees on the “break in activities” of the State Council and the State Duma with the planned date for resuming their activities no later than April 1917. However, the State Council never resumed its activities. Its general meetings were no longer held. In May 1917, the Provisional Government abolished the positions of members of the State Council by appointment. In December 1917, the State Council was abolished by a decree of the Council of People's Commissars.

First department made decisions on issues that caused disagreements in the Senate, between the Senate and the Ministry of Justice, the Military Council or the Admiralty Council. He considered cases concerning liability for crimes committed by members of the State Council and the State Duma, ministers and other senior officials, as well as cases of confirmation of princely, count and baronial dignity, etc. Second department was specialized in issues related to finance and economics. He reviewed the annual reports of the Ministry of Finance, the State Bank, the State Noble Land Bank, the Peasant Land Bank, state savings banks, matters related to private railways, the sale of state-owned lands to private individuals, etc. Political groups within the State Council in 1906-1917

Right Group- organized in May 1906. The core of the composition was formed from members of the State Council by appointment. Within the group, its members were divided into extreme and moderate movements. The extreme wing considered it unacceptable to have a situation in which the supreme power “does not regulate life,” but “is an organ governed by life and subordinate to its currents.” Moderate wing of the group, agreeing with monarchism Right Center Group- officially organized as an independent group in 1911, a breakaway group from the “Center Group”, the “Neitgardt Circle”, named after its inspirer. The core of the group consisted of elected members of the State Council. Until 1915, it was this group that had the main influence on the outcome of the State Council vote. Despite the exodus of members who supported the ideas of the Progressive Bloc, members of the Right Center Group rejected the proposal for a coalition of the Right Group against the Progressive Bloc. Non-Party Association Circle- formed in December 1910 by non-party members by appointment, some members of the moderate right wing of the “Right Group” and the “Center Group” who had fallen away from their groups. Until 1915, it did not have a common ideology, after which the group united with the “Group of the Center”, which supported the Progressive Bloc. Center Group- was formed in May 1906 by member A.S. Ermolaev from moderate-liberal members of the State Council by appointment. The members of the group were quite heterogeneous in their political views, formally united by a common conservative-liberal platform, close to the Octobrist one. Initially being the largest group of the State Council in terms of membership (in 1906 - 100 members) From 1906-07. Several subgroups emerged within the group, voting separately from the group on a number of issues. United members of the center with a rightward bias regarding voting on national and religious issues Left Group- was formed in April-May 1906 only from elected deputies who were supporters of the Cadet Party, but subsequently reflected the sentiments of a near-progressive sense. It consisted only of elected deputies.

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Introduction

1.1 History of creation

1.2 Structure and activities of the State Council

Conclusion

Introduction

The State Council of the Russian Empire, which existed from 1810 to 1917, occupies a special place in the history of Russian statehood. This is the first state body in the history of Russia during the period of absolute monarchy that at least to some extent limited the power of the monarch. This state body was a key link in the entire system of the state apparatus, since the subjects of its jurisdiction under the “Education” of 1810 included consideration of all the most important state issues of domestic and foreign policy. Before approval by the emperor, the most important state decisions were discussed in the State Council and formalized in royal manifestos.

The history of the State Council has constantly attracted the attention of domestic researchers, both historians and lawyers, especially pre-revolutionary ones. The works of V.G. were specially dedicated to her. Shcheglov, where the activities of the Council were analyzed during the reign of Alexander I. In the work of P.N. Danilevsky, dedicated to the history of the formation of the State Council, chronologically covers the period of activity of state bodies, starting from the Boyar Duma to 1855.

The purpose of the work is to, on the basis of historical and legal analysis, identify the role of the State Council in the structure of state power of the Russian Empire in the first half of the 19th century, and determine its real legal status.

State Duma Council Empire

1. Formation and activities of the State Council as the highest legislative body of the Russian Empire

1.1 History of creation

Starting from the era of reforms of Peter the Great and ending with the beginning of the 20th century, the emperor headed the entire system of power, relying on an extensive bureaucracy. From 1769 to 1801, the Council at the High Court acted as the highest advisory body; it was replaced by the Permanent Council, consisting of 12 members, which existed until 1810, when, as the highest legislative body developing bills (approved by the emperor), The State Council was created.

Let's start with the history of this institution. The formation of the State Council was a natural stage in the process of improving the mechanism of the state after the reform of the Senate carried out in 1802 and the establishment of ministries. Under these conditions, the activities of the Permanent Council ceased to meet the needs of the time. It was necessary to create a legislative body under the emperor, designed to convey to the legislation the nature of state activity, which would be based on permanent rules, independent of the discretion of private individuals.

According to the project developed by M.M. Speransky in 1809, the State Council was supposed to become the coordinating center of the three branches of government: legislative (Duma), judicial (Senate) and executive (ministries), a body through which all decisions in the field of public administration and the court could be submitted for consideration and approval the sovereignty of the Emperor. However, the project could not be fully implemented. According to the manifesto of 1810, the State Council was established solely as an advisory body to the Emperor on legislative issues.

The rise of the State Council in 1810-1812. contributed to the active work of the State Chancellery within the structure of the State Council, which was headed during these years by M.M. Speransky. During this period, all issues of public administration were prepared and submitted to the Emperor for consideration exclusively through the State Chancellery. As a result, the State Council became a real legal mechanism coordinating the activities of ministries and the Senate.

During the Patriotic War of 1812 and the resignation of M.M. Speransky's activities of the State Council focused on the consideration of draft civil and criminal codes. The projects were based on the French codes of 1804 and 1810. The undertaking turned out to be unsuccessful and the business stalled.

The intensification of the work of the State Council began in 1816, when it again turned to the problems of the state's financial policy. Projects were considered on the creation of a special council of credit institutions (which should have included representatives from the merchant class), on the establishment of a Commercial Bank, on the fight against inflation, etc. A number of measures were taken to expand freedom of trade, for which some articles of the customs tariff were revised.

This last measure was opposed by domestic manufacturers, concerned about the expansion of foreign trade. Meeting them halfway, the government revised customs duties in 1822, introducing a protective tariff.

In 1811, the State Council considered the plan for transforming the Senate, presented by Speransky, according to which it was proposed to divide the Senate into two special institutions (the governing Senate and the judicial Senate), the first of which would include ministers and heads of departments (the former Committee of Ministers); the second was divided into four local branches (St. Petersburg, Moscow, Kyiv, Kazan). Members of the first institution were appointed by the supreme power, while the members of the second were elected by the nobility.

The project was rejected by the State Council. The work of the State Council was carried out either in the form of general meetings or in the form of departmental meetings. All office work was concentrated in the office, which was headed by the Secretary of State.

Since 1812, the role of the State Council in government began to decline. After the removal from office of M.M. Speransky, ministers and senators, taking advantage of the right granted to them by the manifestos “On the Establishment of Ministries” and “On the Rights and Duties of the Senate”, began to report directly to the emperor, bypassing the State Council. This destroyed the order of affairs established by the manifesto of 1810 and led to duplication of the functions of the State Council by other government bodies.

The activities of the State Council are somewhat revived after the return of M.M. Speransky to St. Petersburg and his restoration as a member of the State Council. Since the 1920s, many bills began to be submitted to the Emperor through the State Council. This concerned primarily those trained under the leadership of M.M. Speransky Complete Collection of Laws and the Code of Laws of the Russian Empire, which were reviewed and approved by the State Council in 1832.

Due to the political situation and Russia’s unpreparedness to change the form of government from an absolute monarchy to a limited (constitutional) State Council in the first half of the 19th century. did not take the place in the structure of government bodies that was assigned to him according to M.M.’s project. Speransky.

1.2 Structure and activities of the State Council

The Chairman of the State Council was the Emperor; in his absence, the meetings were presided over by a member of the Council appointed by him. The number of members of the body ranged from 40 to 80 members (the State Council existed until 1917). Members of the Council were appointed by the emperor or were members of it ex officio (ministers).

Members of the State Council (by office or by appointment of the tsar) were large officials and landowners, and their total number fluctuated in different years from 40 to 80 people. The Emperor presided over the State Council; in case of his absence, he appointed a chairman from among the members of the State Council.

The State Council consisted of five departments: laws, military affairs, civil and spiritual affairs, state economy, and affairs of the Kingdom of Poland. The last department was created after the Polish uprising of 1830-1831.

The State Council considered and prepared various legal acts - laws, charters, institutions. The main goal of his legislative activity is to bring uniformity to the entire legal system.

General meetings of the State Council were also held. The office work was carried out by the office, which was headed by the Secretary of State.

The State Council carried out its main initial task (preparation of bills) for a short time. 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 be formal. There were often cases when bills were submitted to the State Council with the Tsar’s resolution: “I would like it to be adopted.”

By a decree of April 5, 1812, the Council received emergency powers during the absence of the monarch, subordinating the ministries. On August 29, 1813, a decree was issued, according to which the decisions of the majority of the meeting of the State Council during the long absence of the king in the capital became law. Moreover, there was no requirement to immediately notify the emperor of the decision. These measures, which significantly increased the national significance of the Council, were considered temporary. However, when “Education” was republished in 1832, they were enshrined in it.

Since 1811, the State Council began to consider financial matters. For 1823-1825 Several decrees were adopted, according to which the Council was given the authority to consider estimates of income and expenses of the two capitals, annually submitted by the Ministry of Internal Affairs to the department of state economy.

At the same time, there was a significant restriction of the rights of the State Council. Thus, according to the “Education” of 1810, ministers were required to provide the Council with annual reports on the work done. However, since 1832, the discussion of even these annual reports was removed from the competence of the State Council. From now on, ministers and the chief managers of individual parts of ministries had to send their reports to the Committee of Ministers, a body small in number and much less accessible to the court of public opinion.

An important milestone in the history of the Council was the replacement of the “Establishment of the State Council” in 1810 with the new “Establishment of the State Council” in 1842.

The reason for the development of the “Institution” was the planned general re-publication of the “Code of Laws of the Russian Empire”.

Work on the “Establishment of the State Council” was carried out by a special committee chaired by Prince Vasilchikov. The committee included Counts V.V. Levashov, P.D. Kiselev, D.N. Bludov, V.G. Marchenko and Secretary of State Baron M.A. Corf. The new document contained two sections: the first was called “Establishment of the State Council”, the second - “Establishment of the State Chancellery”. Each section consisted of three chapters.

Both the “Education” of 1810 and the “Establishment” of 1842 defined the State Council as the highest in the state, a permanent body with legislative functions, intended to “establish order and implement the idea of ​​legality.”

So, from its creation in 1810 until the February Revolution, the State Council occupied a special place in the state mechanism of the Russian Empire. During all this time, his role either strengthened or weakened. However, legally, the State Council always remained the highest law-making body of the empire. He streamlined the legislative process: experienced dignitaries subjected each incoming bill to thorough processing, achieving the most complete compliance of its norms with the interests of the state.

2. Reform of the State Council

State reforms of the 60-70s. reflected bourgeois tendencies in the development of the state apparatus, but at the same time sought to maintain the dominant position of the nobility in the political and state systems.

The Emperor retained the status of an unlimited monarch enshrined in the Basic Laws of the Russian Empire: “God himself commands to obey his supreme power not only out of fear, but also out of conscience.”

The State Council remained the highest deliberative institution, which, during the reform, was tasked with considering a large number of bills and codifying work.

The State Council was reformed and became the upper house, which had the same rights as the Duma. All bills adopted by the Duma were then to be submitted to the State Council and only if accepted by the Council, submitted to the emperor for approval. Half of the reformed State Council were elected members, half were members “by highest appointment”, the chairman and vice-chairman were appointed annually by the emperor.

The elected part of the Council included representatives from the clergy, the Academy of Sciences and universities, zemstvo assemblies, noble societies, trade and industry (98 members in total). The same number of members was annually appointed by the emperor to the second part of the Council from the highest state dignitaries. The same person could not be simultaneously a member of the State Duma and the State Council.

At the end of 1905 - beginning of 1906, a number of Temporary Rules appeared: “On periodical publications”, “For non-periodical press”, “On societies and unions”, “On meetings”, which were in force until 1917.

The State Chancellery and the Council prepared the text of the repeatedly mentioned Basic State Laws, approved by Emperor Nicholas II on April 23, 1906.

On October 19, 1905, Witte was appointed chairman of the Council of Ministers. The Cabinet initially did not intend to draw up new Basic Laws. However, it soon became clear that the old laws (as amended in 1832) could not exist in parallel with the Manifesto of October 17.

The Basic Laws were supposed to be published before the convening of the State Duma. Thus, the government hoped to retain broad powers by adopting a conservative constitution and not introducing parliamentarism in Russia.

The draft Fundamental Laws, prepared by a special commission, were submitted to the Council of Ministers in February. At the end of March, he went to the king, who convened a Special Meeting (under his chairmanship) for final revision. This Special Meeting fulfilled the role that the State Council should have performed.

The adoption of the Basic Laws and the restructuring of central government on the basis of “legality” and “public involvement” required a revision of the principles of local government and self-government. In the government declaration (March 1906) 11 History of state and law of Russia: textbook. allowance. - M.: TK Welby, Prospekt Publishing House, 2007. P. 231. proclaimed: expansion of the competence of local governments, their expansion to new territories, creation of a small zemstvo unit (settlement, volost government), expansion of voting rights and their basis on land, and on tax qualifications. It was announced that the institution of zemstvo chiefs would be abolished, all cassation functions would be concentrated in the Senate, tax and labor legislation would be revised, and peasant land use and management would be streamlined.

In the new edition of the Basic Laws, the old definition of 1832 “the Russian Emperor is an autocratic and unlimited monarch” was replaced by a new one: “The Supreme Autocratic power belongs to the All-Russian Emperor... obey his authority not only out of fear, but also in conscience.” The term "unlimited" was eliminated, but all the main prerogatives of imperial power were preserved.

The vagueness of the formulation gave grounds for the right and left factions of the Duma to assess the nature of the new state system differently: the former emphasized the “will of the monarch” and “autocracy”, the latter - the “will of the people” and the “constitution”.

Legislative power was assigned to the State Duma and the State Council. Any law needed the approval of both bodies and approval by the emperor. In the event of termination or interruption of the activities of the Duma and the State Council “under extraordinary circumstances,” bills could be discussed in the Council of Ministers and approved by the emperor in the form of decrees. The effect of the decree was temporary and was subject to approval by the Duma and the Council within two months after the resumption of their work.

By changing the electoral law and granting greater rights to the Duma, the tsarist government carried out a reform of the State Council. From an advisory body under the emperor, it was transformed into an upper chamber that stood above the State Duma.

On February 20, 1906, the Tsar’s Decree “On the reorganization of the establishment of the State Council” was issued. Previously entirely appointed by the emperor, the State Council began to consist of members "by highest appointment" and an equal number of members by election. Members of the State Council were elected for 9 years, so that every three years one third of them would leave and new ones would be elected. Elections of members of the State Council were not carried out by the population, but according to a special list by noble societies, provincial zemstvo assemblies, large industrialists and merchants. Several people were elected by the Synod from the Orthodox clergy, 6 members of the State Council were elected from the Academy of Sciences and universities. Naturally, the large nobility predominated in the State Council.

The chairman and vice-chairman of the State Council were appointed by the emperor. The State Chancellery remained under the State Council. The State Council received the same rights as the Duma in the field of legislation. He had the right of legislative initiative; without his approval, the bill was not submitted to the tsar for approval. But with formal equality of rights, the State Council had priority over the Duma: a bill discussed in the Duma and the Council was presented to the emperor for approval by the chairman of the State Council. The reorganization of the State Council and the creation of an upper chamber that stood above the Duma significantly limited the rights of the latter.

The most important issue discussed by both the first and second State Dumas was agrarian. The Duma's agenda also included bills on the abolition of the death penalty, on freedom of the press, conscience, assembly, unions, etc. Of these projects, only one was adopted - on the abolition of the death penalty (but it was later rejected by the State Council).

A definite result of changes in the political system of Russia during the years of the first Russian revolution were the Basic Laws of the Russian Empire, approved by the emperor on April 23, 1906, in a new edition. The basic laws confirmed the creation of the State Duma, the reorganization of the State Council, and the formation of a special government body in Russia - the Council of Ministers. But the Basic Laws were adopted in the context of the decline of the revolution and the tsarist government, formulating the foundations of the state system of Russia, retreated from some of its promises made in the Manifesto of October 17, 1905.

The characterization of the emperor's power as "unlimited" power was removed from the Basic Laws. But the position of the supreme autocratic power of the emperor was preserved.

Basically, the prerogatives of the monarch's power were still formulated: the power of governance in its entirety belonged to the emperor; he appointed and dismissed the chairman of the Council of Ministers, ministers and other senior officials; the emperor declared areas under martial law or a state of exception; declared war and concluded peace, as well as other treaties with foreign states; was the supreme leader of all external relations of Russia with foreign states; the emperor is the supreme commander-in-chief and some others. But according to Article 7, the tsar exercised legislative power “in unity with the State Council and the State Duma” 11 Sekirinsky S. State Council in the system of power of imperial Russia // Problems of theory and practice of management. - 2001. - No. 1. - P. 112. . Bills not adopted by the Council and the Duma were not subject to approval by the emperor and were considered rejected. This important provision was formulated even more clearly in Article 86: “no new law can be enacted without the approval of the State Council and the State Duma and take effect without the approval of the sovereign emperor.”

According to the Basic Laws, the State Council and the State Duma retained the right of legislative initiative (on all issues except the provisions of the Basic Laws), retained the right of inquiry; The Duma had the right to discuss and approve the budget (with significant restrictions introduced by a special tsarist Decree of March 8, 1906: the Duma did not have the right to reduce or change its expenditure by departments of the military and navy, by expenditures on external loans, by departments the imperial court, on some articles related to the Ministry of Internal Affairs, etc. Almost 2/3 of the budget was actually withdrawn from the competence of the Duma), heard a report from state control on the execution of the budget; on the construction of state railways; on the establishment of joint stock companies, if an exception from general legislation was required.

The basic laws had the formal character of a constitutional act.

In the historical and historical-legal literature there is no consensus on the significance of these changes in the political system of Russia.

Some authors believe that the changes that took place did not affect the unlimited power of the emperor and do not recognize the Basic Laws of 1906 as an act of constitutional significance; others believe that formally the Fundamental Laws can be recognized as a constitutional act, but with the caveat that they were designed to mask an unlimited monarchy with false constitutional forms in order to spread constitutional parliamentary illusions. It seems that the political system of Russia as a result of the first Russian revolution has undergone significant changes.

In some issues of state life, the unlimited rights of the king disappeared. This applied, first of all, to his previous exclusive prerogatives in the field of legislation and expenditure of public finances.

3. The role of the State Council in the system of central authorities during the activities of the State Duma

In the first years of the twentieth century, the demand for the creation of a national representative and legislative body in Russia became universal. It was implemented by tsarist manifestos and decrees in the fall of 1905 - winter of 1906. The legislative function was assigned to the State Duma established for this purpose and the reformed State Council, which existed since 1810. With a manifesto on February 20, 1906, the emperor established that “from the time of the convening of the State Council and the State Duma, the law cannot take effect without the approval of the Council and the Duma. The Council and the State Duma were to be convened and dissolved annually by imperial decrees. Both chambers were to independently verify the powers of their members. The same person could not simultaneously be a member of the State Council and the State Duma.

Both chambers enjoyed the right of legislative initiative (with the exception of basic state laws, the revision of which the emperor reserved for himself). As a general rule, legislative proposals were considered in the State Duma and, upon approval by it, were submitted to the State Council. But the legislative initiatives of the State Council had to be considered and approved first by it and only after that submitted to the State Duma. After approval by both houses, bills were submitted to the discretion of the emperor. The State Council and the State Duma also received certain control powers: in the manner prescribed by law, they could contact ministers and heads of government departments with requests regarding the decisions and actions of these departments and their officials if their legality was in doubt.

A comparison of this design with European standards of that time allows us to conclude that, on the whole, the Russian parliament was in full compliance with them.

However, the first Russian parliament was unlucky twice. At first he had bad luck in history. He was born too late, at a moment when the contradictions that were tearing Russia apart had already passed the fatal point to which their peaceful, evolutionary resolution was possible. Inevitably reflecting these contradictions in its composition, it was powerless to divert the country from a revolutionary catastrophe, if only because different groups within it had diametrically opposed ideas about the desired prospects for the country's development. The establishment of the Bolshevik dictatorship became a political and personal tragedy for the overwhelming majority of Duma members - Cadets and moderates, Trudoviks and Social Democrats, and almost without exception - for members of the State Council - right, center, left.

But then the first Russian parliament was unlucky for the second time - in historiography: most of what is written about it is written in critical and even derogatory tones. The reasons for this are obvious: in Soviet historiography, the ideological current that parliamentarianism condemned in principle and was little picky in the choice of means of polemics with its opponents reigned supreme; abroad, the tone was set by witnesses and participants in the events of 1906-1917, for whom polemics with political opponents were primary, rather than taking into account the positive things accumulated together with colleagues in the Duma from other factions.

Proponents of this view argue roughly as follows. The long-standing desire for reforms, shared by the broadest strata of society, in the spirit of limiting autocracy by institutions of popular rule was realized in Russia in the conditions of the revolutionary crisis in the autumn of 1905 in the form of the formation of the State Duma as a legislative body in the sense of the Manifesto of October 17, and not a legislative body, as was provided for by the Manifesto of August 6 the same year. Acts of February 20, 1906, which confirmed the legislative rights not only of the State Duma, but also established the corresponding rights of the State Council and determined the procedure for their interaction in the legislative process, i.e. a bicameral parliament was created, were essentially a counter-reform.

In signed by the Emperor under pressure from S.Yu. Witte's manifesto of October 17 is, in particular, about leaving the further development of the principles of general suffrage to the newly established legislative order (i.e., the procedure established by the August manifesto for the sequential consideration of bills by the State Duma, the State Council and, finally, the Emperor). In addition, simultaneously with the Manifesto, a report by S.Yu. Witte with the highest inscription “Accept to leadership,” which directly referred to the transformation of the State Council as a participant in the legislative process “on the basis of the prominent participation of elected elements in it, because only under this condition is it possible to establish normal relations between this institution and the State Duma.” It is another matter that the procedures of the State Council with bills coming from the Duma, as conceived by the designers of the first implemented project of Russian bicameralism, should not have repeated the procedures of the Duma (transfer to commissions, article-by-article discussions, etc.). What was meant, writes Witte, was that the upper house would consider bills only in principle “and disagree with the Duma only in cases of fundamental disagreement.” It is unclear, however, how such a large and diverse assembly in terms of political and social composition as the reformed State Council could find out what is important to it and what is not without first studying the bill in a commission.

The assessments of the reformed State Council as “a means conceived against the Duma” are also not clear-cut. More precisely, this is true as a general methodological principle of world bicameralism in the 19th and early 20th centuries - the second chamber is a way of limiting the legislative omnipotence of the first. But in Russia at the beginning of the 20th century the task was different. Before the adoption of the basic laws of 1906, all power, including legislative power, was concentrated in the hands of the government apparatus, headed by the Monarch.

During the great reforms of Alexander II and the powerful economic and cultural growth of the last decades of the century, society reached a level of maturity and self-awareness at which it could no longer accept its exclusion from power. The revolutionary parties, including the Cadets from the end of 1905, demanded a radical breakdown of the state of affairs - not only the creation of a representative body and its inclusion in the legislative process, but also the creation of a government of a parliamentary majority.

The salvation of Russia was in the reconciliation and union of these two forces, in their joint and harmonious work. The Constitution of 1906 - and this is its main idea - not only made such work possible, but made it mandatory. It opened the way for a legal and peaceful struggle between government and society. The State Council, in the form and with the powers that it acquired after the reform, was supposed to become a mediator and symbol of this “peaceful struggle.” This is exactly what S. Yu Witte meant. “In order to lead Russia out of the nightmare it is experiencing, the State Duma cannot be placed along with the Sovereign. Between them, the State Council must be placed in a renewed composition. The Council must be the second chamber and be a necessary counterbalance to the Duma, moderating it.”

According to this function - to dampen direct clashes between society in the person of the State Duma and the State in the person of the Tsar - the State Council was built, representing the state with its appointed members, and the elite of society with its elected members. The powers of the State Council were determined for the same task. “The State Council and the State Duma enjoy equal rights in matters of legislation,” determined Article 106 of the “Basic State Laws.”

Conclusion

The nature and degree of power of the State Council in resolving affairs depended on the political situation, but the State Council always remained a stronghold of autocracy, expressing the interests of the nobility.

Reforms of the state apparatus at the beginning of the last century, on the one hand, contributed to the strengthening of the autocracy, on the other hand, they laid the foundations for the future bodies of the bourgeois state.

Based on the fact that the determining factor in the internal policy of tsarism was the presence of a contradiction between the developing capitalist mode of production and the dominant serfdom system, the work of the State Council shows the reasons for the emergence of reform ideas and their features. The government's entry into the path of reform was explained by the fact that the most far-sighted representatives of the nobility came to the understanding that in order to retain power it was impossible to maintain intact the existing socio-economic relations and the organization of the administrative apparatus.

The State Council was endowed with powers generally corresponding to the traditional functions of the upper houses of parliament.

By the order and nature of its formation, it was a state body of national representation. The State Council was recognized by the world parliamentary community as a full-fledged upper house of the Russian parliament. Meetings of the renewed State Council began simultaneously with meetings of the State Duma.

In fact, it can be considered the prototype of the modern apparatus of the legislative body, since it was engaged not only in paperwork, but also in bringing all legislative proposals to the stage of discussion in the Council. In addition, she was also responsible for the development and publication of the Code of Laws.

List of used literature

1. Golikov V.M. State Council in Russia in the first half of the 19th century. //

2. Isaev I.A. History of state and law of Russia: textbook. - 4th ed., revised. and additional - M.: Prospekt, 2008. - 800 p.

3. Speransky M.M. Projects and notes. - M. - L., 1961.

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STATE COUNCIL - in a number of countries the name of the highest government bodies - the executive branch (PRC), the administration of justice (France), representative bodies (Cuba).

In the Russian Empire in 1810-1906, an advisory state institution under the emperor, in 1906-1917, a legislative body, in fact the upper house of parliament (existed along with the lower house - the State Duma). Established according to the project of M. M. Speransky by decree of Emperor Alexander I dated January 1 (13), 1810, it replaced the abolished Permanent Council. The Chairman of the State Council (in 1812-1865 he was also the Chairman of the Committee of Ministers) and its members were appointed by the Emperor from among the most experienced government and military figures; ministers were members of the State Council according to their position. Membership in the State Council was actually for life. In 1810, 35 members were appointed to the State Council, in 1890 there were 60. The State Council consisted of the General Assembly and departments: laws; state economy; civil and spiritual affairs (all 1810-1906); military affairs (1810-1854); Affairs of the Kingdom of Poland (1832-1862); industry, sciences and trade (1900-1906). Usually, cases submitted to the State Council were initially considered in one of the departments according to their affiliation (or in the combined meetings of two departments), and then came to the General Assembly; in particularly important or emergency cases they went directly to the General Assembly. Meetings of the State Council were closed.

State Council The State Council had to discuss or, by order of the emperor, prepare all bills (for this purpose, special meetings and commissions were established under the State Council). In practice, some projects drawn up by ministers were sent to the emperor bypassing the State Council. The Council considered draft lists of state revenues and expenses (until 1862 - estimates of general state receipts and expenses) and estimates of individual departments, requirements for the need to allocate extra-budgetary loans, reports of state credit institutions and other financial issues; cases on the establishment of joint stock companies, if they were supposed to be given special advantages; draft orders concerning the alienation of state property and remuneration to private individuals for property alienated from them for state and public needs; cases of elevation to the nobility (in 1842-1869); from 1842 - on the elevation to princely, count, baronial dignity, the transfer to nobles of the surnames, coats of arms and titles of their relatives; in 1842-1869 - on the deprivation of nobility and ranks for crimes. Since 1842, the Department of Spiritual and Civil Affairs received, by order of the emperor, reports of malfeasance by members of the State Council, chief administrators and governors general. After reviewing the report, the Department could decide to dismiss the case for lack of a crime or refer it to the Senate and the Minister of Justice for preliminary investigation. Upon receipt of the results of the investigation, the Department of Religious and Civil Affairs could decide to either dismiss the case, impose penalties on the accused without trial, or bring the accused to trial. Since 1842, the State Council presented conclusions to the emperor on cases in which the General Assembly of the Senate did not reach a majority of votes or agreement between the Senate and the Minister of Justice was not reached, as well as on cases that caused disagreements between the Senate and the Military Council and the Admiralty Council. At the discretion of the emperor, the State Council could also discuss various issues of domestic and foreign policy.

All results of the discussion of bills and other issues were presented by the Secretary of State (headed the State Chancellery, which was responsible for organizing the work of the State Council) to the emperor, who could approve the opinion of any number of members of the State Council or impose his own resolution.

In 1815-1841 and 1861-1867 there was also a regional State Council of the Kingdom of Poland, which controlled and coordinated the activities of the main departments of the Kingdom of Poland.

The transformation of the State Council of the Russian Empire into a legislative body took place according to the decree of Emperor Nicholas II of 20.2 (5.3). 1906 and was enshrined in the Basic State Laws of 1906. Half or less than half of the members of the State Council were appointed annually by the emperor (members by appointment; of these, the emperor appointed the chairman of the State Council), other members of the State Council were elected through two-degree or direct elections for a term of 9 years (members by election). The latter were elected: by noble societies (18 people); Council of Trade and Manufactures, Committees of Trade and Manufactures, Exchange Committees and Merchant Boards (12 people); St. Petersburg Academy of Sciences and universities (6 people); Diet of the Grand Duchy of Finland (2 people); provincial zemstvos (one person each); landowners of those provinces of European Russia where there were no zemstvos, as well as landowners of the Don Army Region (one person from each province); landowners of the provinces of the Vistula region (6 people). The elected members included 6 people from among the Orthodox spirit-ho-ven-st-va, appointed by the Synod. Every 3 years, a third of the elected members of the State Council were re-elected by lot. In 1914, the State Council consisted of 188 members.

The State Council had equal legislative rights with the State Duma. The State Council received bills approved by the State Duma or introduced by the members of the Council themselves. A bill adopted in the State Council was submitted for consideration either to the emperor (if it came to the State Council from the State Duma), or to the State Duma (if it was developed on the initiative of the members of the State Council themselves). Both the Emperor and the State Duma could reject or approve the Council's bill. Like the State Duma, the State Council could address ministers and chief administrators with inquiries regarding the illegal actions of institutions or officials under their jurisdiction.

The main form of work of the State Council was the General Assembly. For the preliminary consideration of bills, commissions were established within the State Council, of which the most important role was played by the permanent Financial Commission, which considered projects for listing state revenues and expenses, estimates and emergency expenses.

The overwhelming majority of members of the State Council were organized by political affiliation into groups (factions) - right, center, as well as academic (since 1913 called the progressive group), which united the liberal members of the State Council. Initially, the center group predominated; from the beginning of the 1910s, the right group dominated (in 1911, the center right group emerged from it); in 1915, a significant part of the members of the State Council joined the “Progressive Bloc”; by the fall of 1916 its supporters began to dominate the Council. Some members of the State Council remained outside the groups.

The reformed State Council retained a number of previous functions: it continued to consider cases of malfeasance by senior officials, elevation to princely, count and baronial dignity, reports of financial institutions and some other issues. They were discussed in two newly created departments (1st and 2nd), consisting of members of the State Council by appointment. Their conclusions were submitted directly to the discretion of the emperor.

Since 1906, minutes of open meetings of the State Council have been published (meetings of the State Council could also be closed by decision of its chairman or the General Meeting).

After the February Revolution of 1917, the activities of the State Council ceased. The State Council was abolished by decree of the Council of People's Commissars of December 14 (27), 1917.

Chairmen of the State Council: N. P. Rumyantsev (1810-1812), N. I. Saltykov (1812-1816), P. V. Lopukhin (1816-1827), V. P. Kochubey (1827-1834), N. N. Novosiltsov (1834-1838), I. V. Vasilchikov (1838-1847), V. V. Levashov (1847-1848), A. I. Chernyshev (1848-1856), A. F. Orlov (1856-1861), D. N. Bludov (1861-1864), P. P. Gagarin (1864-1865), Grand Duke Konstantin Nikolaevich (1865-1881), Grand Duke Mikhail Nikolaevich (1881- 1905), D. M. Solsky (1905-1906), E. V. Frish (1906-1907), M. G. Akimov (1907-1914), I. Ya. Golubev (acting in 1914 -1915), A. N. Kulomzin (1915-1919), I. G. Shcheglovitov (1917).

Advisory body under the President of the Russian Federation (since 2000). The Chairman of the State Council is the President of the Russian Federation, and its members are senior officials (heads of executive bodies of state power) of all constituent entities of the Russian Federation. In addition, the President of the Russian Federation may include in the State Council persons who have replaced officials of constituent entities of the Russian Federation for two or more consecutive terms. To resolve operational issues, a presidium (7 members) is formed within the State Council. The composition of the presidium is subject to rotation (updating) once every six months. The main tasks of the State Council: promoting the implementation of the powers of the President of the Russian Federation to ensure the coordinated functioning and interaction of government bodies, discussing issues of special national importance relating to the relationship between the Russian Federation and its constituent entities, discussing (at the proposal of the President of the Russian Federation) draft federal laws and presidential decrees of the Russian Federation, of national importance, the draft federal budget, information from the Government of the Russian Federation on the progress of budget execution, the main issues of personnel policy of the Russian Federation, etc. The State Council does not have its own apparatus; its activities are ensured by the Administration of the President of the Russian Federation. Organizational issues are in charge of the Secretary of the State Council, who is not a member of it. Meetings of the State Council are held regularly, as a rule, at least once every three months.

Legislative bodies of state power of a number of republics within the Russian Federation - the Udmurt Republic, the Chuvash Republic, the Republic of Tatarstan, etc.

Illustrations:

“Tor-same-st-ven-noe for-se-da-nie Go-su-dar-st-ven-no-go so-ve-ta on May 7, 1901, on the day of a hundred years-un- anniversary from the day of its inception.” Kar-ti-na I. E. Re-pi-na (with the participation of B. M. Kus-to-die-va and I. S. Ku-li-ko-va). 1903. Russian Museum (St. Petersburg). BRE Archive;

For-se-da-nie Go-su-dar-st-ven-no-go so-ve-tapri Pre-zi-den-te RF in Alek-san-drovsky hall of the Big Cream Lev's palace. Moscow. Photo. 2005. Photo by Yu. M. Inyakin.

Historical sources:

From-what-you-about-from-water-st-vu Go-su-dar-st-ven-no-go so-ve-ta. St. Petersburg, 1870-1906. [T. 1-38];

Ste-no-gra-fi-che-skie from-che-you Go-su-dar-st-ven-no-go so-ve-ta. [Session 1-13]. St. Petersburg, 1906-1916. [T. 1-221].

With the coming to power of Alexander I, the progressive public of the Russian Empire hoped for some changes in the state structure. The young emperor, brought up on the ideas of the French enlighteners, tried to surround himself with new people and carry out a number of important changes in the government structure. In 1801, he abolished the Council at the Imperial Court, and all its functions were transferred to the created Permanent (Permanent) Council. This council existed until 1810 and was the prototype of a fundamentally new body - the State Council. Becoming a member of the Permanent Council was possible only by order of the emperor. The role of the Senate in conducting judicial and administrative matters has increased. However, not a single attempt by the Senate to somehow influence the decrees issued by the emperor was successful.
A notable event in the first half of Alexander's reign was the implementation of ministerial reform, which was necessary to improve public administration. The manifesto of September 8, 1802 established the Committee of Ministers. Ministries were created to replace the collegiums that had existed since Peter's time. The State Treasury was separated into a separate structure. Almost all issues were resolved by the Committee, which included ministers, senior military officials, the state treasurer and other persons from the emperor’s entourage. Each minister had his own office. The structure of the ministries was developed in detail by the reformer M.M. Speransky and set out in the “General Establishment of Ministries” in 1811.
Since 1808, Mikhail Mikhailovich Speransky, an intelligent, educated and energetic man, became Alexander’s closest associate. All the most important laws were drawn up or edited by Speransky. Unlike the rest of the emperor's entourage, Speransky came from the provincial clergy. His father was a poor rural priest in the Vladimir region. As a child, Misha grew up as a sickly child and learned to read early. He spent almost all his time reading books, and at the age of seven, when he was taken to Vladimir to enter the theological seminary, he amazed the teachers with his knowledge. There he was given the surname Speransky (from the Latin spero), as a promising one. He graduated from Vladimir Seminary with honors and was sent to continue his education at the Theological Academy in St. Petersburg. Here he mastered the French language and began to read French thinkers of the 18th century. After graduation, Speransky remained at the academy as a professor in three disciplines: physics, mathematics and eloquence. One of Catherine’s nobles, Prince Kurakin, entrusts him with some affairs. Kurakin subsequently becomes the Prosecutor General of the Senate and offers Speransky a place in his department. This was the beginning of the career of an outstanding statesman. In 1808, Speransky received the post of Commission for drafting laws. At the same time, he serves in the Ministry of Justice, where he holds the high position of comrade minister (i.e. deputy). Contemporaries noted his extraordinary abilities in drafting and editing various manifestos and decrees.
In 1808, Speransky, by personal order of the sovereign, began to develop a plan for improving state institutions. He gets to work with enthusiasm and presents the emperor with a draft of major reforms. Speransky was convinced that in order to prevent events similar to the French Revolution from happening, radical changes in the field of government were necessary.
All proposed reforms were based on a strict division of power into legislative, executive and judicial powers. Three independent institutions - the State Duma, the Senate and the Committee of Ministers - formed the basis of public administration.
Elections to legislative and judicial authorities were introduced at the level of provinces, districts and volosts. To unite the activities of all three branches of government, Speransky’s project provided for the creation of a State Council. All adopted laws had to be discussed in the State Council and then approved by the emperor. Speransky's plan did not in any way limit the power of the sovereign as an autocratic monarch.
Alexander I spoke of Speransky’s project as “satisfactory and useful.” Speransky's project met with serious resistance from ministers and senators. Alexander I, succumbing to the mood of the ruling elite, rejected Speransky’s plan.
The only implementation of this plan was the establishment of the State Council. On the first day of 1810, the manifesto “Establishment of the State Council” was published. The first part of this document is more general in nature, it sets out the reasons for the creation of the State Council, the basic laws and composition of the State Council. The second part is more specific - “The Fundamental Laws of the State Council” has a clear structure and is divided into parts, sections and paragraphs.
The structure of the State Council implied division into four departments: military affairs; laws; civil and spiritual affairs; state economy. Each department was headed by its own chairman. Every year the emperor himself appointed the chairman of the State Council.
To organize the work of the State Council, the State Chancellery was established. It is not surprising that the leadership of this department was entrusted to M.M. Speransky, and it was he who was appointed to the post of Secretary of State. His duties also included mandatory reporting at all meetings of the General Meeting of the Council. When the sovereign was present at meetings of the State Council, he automatically took the presiding position. Initially, the State Council consisted of 25 people: all heads of ministries, as well as persons appointed by the emperor. And by the end of the 19th century, the number of Council members increased to 70.
All bills and initiatives were first considered in the relevant departments, followed by discussion in the General Assembly, but only after the consent of the emperor the law came into force. At the same time, the emperor was not obliged to agree with the majority of votes in the General Assembly. Based on his personal opinion, he could make any decision on the issue under discussion.
The State Council, as the highest legislative body of the empire, existed until the February Revolution, when the State Duma was created. After this, the Council was significantly expanded. Over all these years, the influence of the State Council waxed and waned depending on the foreign and domestic policies of the emperor. In 1842, the activities of the State Council were adjusted by a new document “Establishment of the State Council”. On the initiative of Nicholas I, ministers did not have to report to the State Council on the income and expenses of their ministries, and the State Council could not influence issues related to the military department. Most laws were now drawn up in the emperor's own office.
Despite all the restrictions and shortcomings, the State Council for many years remained the center of the emergence of parliamentarism in the Russian Empire.