DOI 10.37749/2308-9636-2020-3(207)-1

Abroskin V. V. Legal regulation of the state of emergency in the legislation of the Russian Empire

The article considers the history of legal regulation of the state of emergency in the Russian state, starting with the period of reign of Ivan the terrible to the reign of Nicholas II. It is shown that the General form of the input of such a regime was the introduction of the oprichnina, conscription, the creation of the militia, the imposition of additional taxes and imposition of duties of the population to strengthen the Fortezza, the supply of food and fodder. In the Russian Empire, control over the implementation of the emergency condition were assigned to governors, heads of police, and commanders of military units during hostilities.

With the aim of systematizing a normative-legal acts adopted during this historical period, was divided into three stages: 1) nucleation (the reign of Ivan the terrible, Peter i); 2) formation (the period of reign of Alexander i, Nicholas i); 3) formation (during the reign of Alexander II, Alexander III and Nicholas II). The outset is characterized in that the first normative-legal acts in this sphere was adopted during the reign of Ivan IV the terrible in the middle of the XVI century. by the introduction of the oprichnina, which was a direct rule of Moscow Czar. The next step in the development of the history of the state of emergency was the rule of Peter i, who in February 20, 1705, issued a Decree against conscription, first in southern and later throughout the Empire.

The period of the legislation regarding state of emergency began during the reign of Alexander i. The Governor has declared a state of emergency on the territories of hostilities between the French and the Russians on the basis of manifestos and a separate Imperial decrees. During the reign of Nicholas I the question of introducing a state of emergency was decided by the Emperor and control over the implementation of such legal acts darecasa the Third Department of His Imperial Majesty’s Chancellery.

The period of formation of bases of a state of emergency to the period of the reign of Alexander II. The development of legal regulation of the state of emergency significantly affected by the introduction in the Empire police reforms 60-70-ies of the XIX century.

In the early twentieth century legal regulation of emergency has undergone significant changes. So in 1901, Nicholas II approved the «regulation on the control of fortresses», which established the responsibilities of tenants unquestionably carry out the orders of the military leadership.

 In the Russian Empire, a state of emergency was introduced during the military actions, mass demonstrations, strikes, terrorist acts, by granting exclusive powers to the governors-General, military and local authorities concerning the transfer of suspected persons to the military courts, attracting people to defence works, the collection of militias, expulsion of unreliable and suspicious persons to Siberia and the Far East.

Key words: legal regime; state of emergency; legal act; oprichnina;  mobilization;  governors general;  terrorism.



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