The contents of the Manifesto can be divided into three main parts. The first (a kind of preamble) reveals the background and reasons for the formation of the State Council. Then follow the basic (root) laws. And finally, in the third and final part of the Manifesto, the next tasks of the State Council are proclaimed. In the Manifesto, the goal of reforming the state apparatus and improving legislation was declared to be “a gradual change in the image of government on the firm and immutable foundations of the law.” However, this did not mean the constitutional intentions of the legislator, but the ideas of a “true monarchy”, borrowed from French enlighteners and reworked in the Russian way, that is, a practically unlimited monarchy of a Europeanized type. The historical predecessors of the State Council were various kinds of advisory bodies that replaced each other throughout the 18th century. But in practice, the State Council became the successor to the Permanent Council created in 1801.

The emperor himself played an important role in formulating the general principles of reforms and counter-reforms. If the official historiographer of Alexander’s time M.I. Bogdanovich explained the liberalism of the young tsar as a consequence of youthful maximalism and harmful influence“young friends”, then N.K. Schilder, on the contrary, argued that Alexander took a conservative position from the very beginning, and used liberal ideas only as a means of strengthening his own power and protecting it from the encroachments of participants in the conspiracy against his father.
The ideology of reform was explained by the attractiveness of the Western model of development among part of the educated society and the bureaucratic apparatus. In addition, reformist liberalism was called upon to become the banner of Alexander I’s inner circle in the fight against the predominant “party” of conservatives at court and locally. The main ideologist of the reforms itself was the emperor himself, although under the pressure of his environment and due to circumstances (primarily foreign policy), the king was forced to gradually retreat from the ideas of his youth. As a result, the “wonderful beginning of the Alexandrov days”, when reform projects, in addition to the tsar himself, were proposed not only by “young friends”, but also by Catherine’s nobles and even the “party” of the Zubovs, was replaced after the war of 1812, and especially after 1818. – counter-reforms.
However, on March 26, 1801, Alexander I abolished the Council at the Highest Court, established in 1768. Instead, by decree of March 30, a body similar to the abolished one was created called the Permanent (or State) Council. In connection with these discrepancies in the title, in pre-revolutionary literature there was a dispute about the name of the Council in the period from 1801 to 1810, and in Soviet historical science The name “Indispensable Council” was established. In terms of rights and functions, the Permanent Council was almost no different from the Council that was at the court of Catherine the Great. But the differences in the constituent acts were quite significant. Let us remember that according to the decree of January 17, 1769, the Council at the Highest Court was created as an advisory and emergency body in case of war. Formally, after the conclusion of the Kuchuk-Kainardzhi Peace, the Council did not have the right to exist, but continued to work. Because of this, the decrees on its abolition and the establishment of the Permanent Council were intended to eliminate this situation, turning the Council from a formally temporary into a permanent body. In addition, under Paul the Council was actually turned into a censorship committee, and at the end of 1800 it stopped meetings altogether.
The permanent council remained, as before, an advisory body. But he was given the right to demand from the Senate and all government bodies the necessary information in order to “bring clarity to the fundamental parts government controlled" To do this, he could establish codification commissions and manage them. In addition, each member of the Council received the right of legislative initiative. The order to the Permanent Council ordered it to discuss everything “that belongs to temporary state decrees.” The order also regulated the internal structure of the Council: the voting procedure, the structure of the office and the form of registration of bills and laws.
Being an advisory body under the emperor, the Permanent Council during the nine years of its existence quite actively participated in government activities. But over time, his role gradually changed. If in the first year of the reign of Alexander I the Council was busy mainly discussing the most important issues of internal and foreign policy, then after the creation of ministries and the Committee of Ministers, he began to deal mainly with judicial matters. This was partly due not only to the increase in the role of ministries, but also to a slight reduction in reform activities in 1803-1809. Created in July 1801 under the auspices of the Permanent Council, the next Law Drafting Commission was transferred to the Ministry of Justice in October 1803. With the creation of the State Council in 1810, the Law Drafting Commission was placed under its authority.
The formation of the State Council was one of the elements of the program for reorganizing the system of power in Russia, M.M. Speransky. The goals of its creation were described in detail in Speransky’s note “On the need to establish the State Council.”
According to the Manifesto, members of the State Council were appointed (in most cases, actually for life) and dismissed by the emperor. Although they could be persons, regardless of class, rank, age and education, the absolute majority in the State Council were nobles. The Council included ministers ex officio. The Chairman and Vice-Chairman of the State Council were appointed annually by the Emperor. In 1812-1865. the chairman of the State Council, which in 1810 included 35 members, also served as chairman of the Committee of Ministers created in 1802.
The powers of the State Council included consideration of:
- new laws or legislative proposals;
- questions internal management requiring the repeal, restriction, addition or clarification of previous laws;
- issues of domestic and foreign policy in emergency circumstances;
- annual estimate of general government revenues and expenses;
- 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 through the State Chancellery in the name of the Secretary of State who headed it, who distributed them to the relevant departments of the chancellery. The latter prepared cases for hearing in the department of the State Council. However, urgent matters, by decision of the emperor, could be immediately transferred to the general meeting of the State Council, but usually the matter came to the general meeting from the department.
According to the manifesto of January 1, 1810, all laws were to pass through the State Council, but in reality this rule was not always observed. Decisions in departments and the general meeting were made by a majority of votes, but the emperor could also approve the opinion of the minority of the State Council. For example, Alexander I several times supported the opinion of just one member of the State Council. According to the decree of April 5 (17), 1812, the State Council subordinated the ministries during the absence of the emperor.
It should be recognized that the priority tasks set in the Manifesto were only partially resolved by the State Council. For example, in 1810 he began considering a draft civil code, but never completed this work until the end of the reign of Alexander I. In 1813-1814. The Department of Laws of the State Council also considered draft criminal and commercial codes and the statute of civil proceedings.
Solving the problem of transforming the ministerial system, the Council approved the manifesto “On the division of state affairs into special departments, with the designation of the subjects subject to each department”, on the basis of which on June 25, 1811, the emperor approved “ General establishment ministries." Financial reform plan prepared by M.M. Speransky, was only partially implemented in the manifesto of February 2, 1810, approved by the Council. In accordance with it, government spending was reduced, taxes were increased, and the issuance of banknotes was stopped. A one-time tax on the nobility was also introduced - 50 kopecks each. from every revision soul. But from that time on, the State Council began to be constantly burdened with a mass of unimportant financial matters.
In 1832, the powers of the Council were reduced: ministers stopped submitting annual reports on their activities to it. And on April 15 (27), 1842, a new “Establishment of the State Council” was adopted, developed by the committee of Prince I.V. Vasilchikov, which limited the scope of its activities of the State Council by establishing a number of areas of legislative activity that are not subject to consideration at its meetings. But this was offset by the expansion of the Council’s competence to include administrative matters and legal issues.

desired result. The weakness of the state apparatus in the face

external and internal enemies were forced by the top of the nobility, including

the emperor himself, to look for new means of improving it.

Under these conditions, Alexander I brings the young, but already

experienced reformer M. M. Speransky, in order to implement with his help

progressive reforms, which, in the opinion of the king, should

calm both the people and the nobility. In 1809 Speransky prepared

a program of liberal reforms of the entire system of government bodies.

It is set out in his work “Introduction to the Code of State Laws.”

The most progressive and therefore unrealized element

Speransky's planned system of government bodies should have

become representative bodies - local dumas and the State Duma.

It was proposed to create the latter for discussing bills and monitoring

activities of ministers. She was given the right of absolute veto on everything

proposed draft laws. This was a significant step towards constitutional

monarchy, considering that everyone received the right to vote and be elected

owners of real estate.

As Speransky argued, in his project the pinnacle of the entire state

the organization was not the State Duma, but the State Council,

which was supposed to represent “an estate in which all parts

legislative, judicial and executive powers in their main relations

unite and through him ascend to sovereign power.” State Council appears

in the "Introduction" as a universal, multifunctional, but

advisory body. Members of the State Council were to be appointed by the emperor,

who was its chairman. Reminiscent of those that preceded it

advisory bodies under the tsar in general terms, the state council as a result

changes in the role in the system of autocracy had a lot of new things. He became different

structure - now, along with the general meeting, departments were created

Council. His office also received a new device.

Contrary to the logic of the note “On the need to establish the State Council” and

the very meaning of this reform, the project “Establishment of the State Council” was not discussed

in the Senate, nor in the Permanent Council, nor in any other body.

work of the general meeting of the State Council. At the first meeting he made a speech,

written by Speransky, Alexander I. He stated that he always wished that

the welfare of the empire was established in law, and the law was motionless

resolutions, and therefore from the beginning of the year lays a solid foundation for one of

the most important bodies - the State Council.

The “fundamental laws” of the State Council, set out by Speransky back in the “Introduction to

Code of State Laws” were included in “Education” with minor changes.

“Education” was replenished with only one new article, which prohibited ministers

to be chairmen of departments of the State Council.

There were many shortcomings and contradictions in the “Formation of the State Council”,

which could only be partially eliminated during the implementation of the entire plan

Speransky’s transformations, however, not only the State Duma was not created, but

even the reform of the Senate approved by the emperor was not carried out, and therefore

organization of the Council, which, according to the creator, was supposed to streamline

work of the state apparatus and establish a regime of legality, in practice did not lead to

division, but on the contrary, to a confusion of functions of the highest state bodies.

At the same time, as A.V. Predtechensky correctly noted, with absolute

inviolability of rights autocratic power meaning was negated

the State Council as a body that establishes order in the matter of legislation.

The State Council, like the previous councils under the emperor, continued

remain a universal deliberative body, in which also gradually

It was not legislative, but judicial and executive matters that prevailed.

The structure of the “Establishment of the State Council” is

a two-pronged act consisting of the Manifesto and the “Education” itself. In the first

the reasons that led to the creation of the State Council are revealed, the main

laws defining the competence and composition of the State Council are proclaimed by it

priority tasks. "Education" consists of two departments, which are

department, called “Redigious Laws of the State Council”, is divided by numbers into

16 parts. The second section consists of 144 paragraphs, combined into 8

sections.

Some sections, in addition to paragraphs, have other structural

divisions.

According to this document, the State Council was divided into 4 departments: laws,

military affairs, civil and spiritual affairs, state economy. IN

the department of laws includes everything that essentially constitutes the subject

law. The Legislative Commission will have to table this

department all bills.

The Department of Military Affairs included the subjects of military and

maritime ministries.

The Department of Civil and Spiritual Affairs "Education" included cases

justice, spiritual administration and police.

And the department of state economy included items of general

industry, science, commerce, finance, treasury and accounts.

The State Council was headed by its chairman. He signed all the documents

opened and closed meetings, appointed cases for consideration by the State Council. At

the work of the State Council was supposed to protect order and unity of the subject

consideration.

Departments also had chairmen. They headed

departments, opened and closed department meetings, appointed

consideration of a case, etc. (the same as for the chairmen of the State Council).

The Secretary of State administered the office. Under him

responsibility was the accuracy of the information offered to the council and

proper clarity of their presentation, as well as the preparation of all executive

papers on the magazines of the Council, both in its general meeting and by departments.

Each department of the council had one secretary of state and

several assistants. Their duty was to gather additional

information necessary for hearing cases.

The competence of the State Council included:

changing or repealing existing laws

providing clarifications on current legislation

domestic politics

state budget

reports of ministries in the management of their units

All cases subject to consideration by the State Council were first submitted to

departments. They could be sent there by ministers. In them, by

State Council. The cases were then referred directly for consideration

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.

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 also 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 the Grand Dukes (until 1881 - Konstantin Nikolaevich, then Mikhail Nikolaevich). If the emperor was present at a meeting of the State Council, 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.

The powers of the State Council included consideration of:

• 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, but in reality this rule was not always observed. Decisions in departments and the general meeting were made by a majority of votes, but the emperor could also approve the opinion of the minority of the State Council if it was more consistent with his views. For example, Alexander I, out of 242 cases on which the votes in the Council were divided, approved the opinion of the majority in only 159 cases (65.7%), and several times he supported the opinion of only one member of the State Council.

According to the decree of April 5 (17), 1812, the State Council subordinated ministries during the emperor’s absence, and the decree of August 29 (September 10), 1801, determined that 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 somewhat 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 somewhat 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.

Department of Laws (1810-1906). Considered bills in the field of administrative-territorial structure, legal proceedings, taxation, significant reforms of the state apparatus, draft regulations and states of individual government agencies, industrial, financial and trading societies, public organizations.

Chairmen: Count P. V. Zavadovsky (1810-1812), Count V. P. Kochubey (1812), His Serene Highness Prince P. V. Lopukhin (1812-1819), Prince Ya. I. Lobanov-Rostov (1819-1825) , V. A. Pashkov (1825-1832), Count I. V. Vasilchikov (1832-1838), Count M. M. Speransky (1833-1839), D. V. Dashkov (1839), Count D. N. Bludov (1840-1861), Prince P. P. Gagarin (1862-1864), M. A. Korf (1864-1871), Prince S. N. Urusov (1871-1882), E. P. Staritsky (1883) , Baron A. P. Nikolai (1884-1889), Count D. M. Solsky (1889-1892), M. N. Ostrovsky (1893-1899), E. V. Frisch (1900-1905).

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 individual 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.

Chairmen: His Serene Highness Prince P. V. Lopukhin (1810-1816), Count V. P. Kochubey (1816-1819), V. S. Popov (1819-1822), Count N. S. Mordvinov (1822-1838), S. S. Kushnikov (1839), Prince P. G. Oldenburg (1842-1881), D. N. Zamyatin (1881), V. P. Titov (1882-1883), N. I. Stoyanovsky (1884-1897) , E.V. Frisch (1897-1899), N.N. Selifontov (1899), N.N. Gerard (1902-1905).

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.

Chairmen: N. S. Mordvinov (1810-1812), His Serene Highness Prince P. V. Lopukhin (1812-1816), N. S. Mordvinov (1816-1818), Count N. N. Golovin (1818-1821), Prince A. B. Kurakin (1821-1829), Count Yu. P. Litta (1830-1839), Count V. V. Levashov (1839-1848), Count A. D. Guryev (1848-1861), P. F. Brock (1862-1863), K. V. Chevkin (1863-1873), A. A. Abaza (1874-1880), Count E. T. Baranov (1881-1884), A. A. Abaza (1884- 1892), Count D. M. Solsky (1893-1905)

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, but its chairman was appointed until 1858, and members until 1859.

Chairmen: Count A. A. Arakcheev (1810-1812), His Serene Highness Prince P. V. Lopukhin (1812-1816), Count A. A. Arakcheev (1816-1826), Count P. A. Tolstoy (1827-1834) , I. L. Shakhovskaya (1848-1858).

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.

Chairmen: Prince I. F. Paskevich (1832-1856), Prince M. D. Gorchakov (1856-1861).

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 joint stock companies and railways; granting privileges for discoveries and inventions.

Chairman: N. M. Chikhachev (1900-1905).

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 due to the creation of the II Department of His Own Imperial Majesty office that assumed these functions. 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.

Manifesto of February 20, 1906 and new edition 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. Total number members of the State Council by appointment could not exceed the number of members by election; their composition was reviewed annually on January 1. 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 education could not be elected to the State Council. educational institutions and foreign nationals. The Chairman of the State Council and his deputy were appointed annually by the Emperor from among the members of the Council by appointment.

Article 106 of the Basic State Laws determined that “the State Council and the State Duma enjoy equal rights in matters of legislation”; in reality, the Duma had certain powers that the Council did not have. In the event of termination or interruption in the activities of the State Council and the State Duma, the bill could be discussed in the Council of Ministers and approved by the emperor in the form of an imperial decree, which would immediately enter into force. But in most cases the usual procedure was in effect: the bill passed through the Duma and entered the State Council. Here it was discussed in the relevant commission and department, and then in the general meeting of the Council.

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 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 concentrated in his hands mainly legal issues. He made decisions on issues that caused disagreements in the Senate, between the Senate and the Ministry of Justice, the War 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 (who held positions of grades 1-3 on the Table of Ranks), as well as cases on confirmation of princely, count and baronial dignity, etc.

Chairman: A. A. Saburov (1906-1916).

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, and matters related to private railways, sale of state-owned lands to private individuals, etc.

Chairmen: F. G. Turner (1906), N. P. Petrov (1906-1917).

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. The number of the group was constantly increasing: 1906 - 56 members, 1907 - 59 members, 1908 - 66 members, 1910 - 77 members, 1915 - 70 members, in February 1917 - 71 members. Within the group, its members were divided into extreme and moderate movements. The extreme wing of the group insisted that “... historical task Russia, the Russian government... is to Russify everything that is not Russian and to Orthodoxize everything that is not Orthodox.” They considered unacceptable a situation in which the supreme power “does not regulate life,” but “is an organ governed by life and subordinate to its currents.” The moderate wing of the group, while agreeing with monarchism, nevertheless objected to “the triumph of a centralizing bureaucracy that levels everything, everything is in its own hands.” IN different years the group was headed by: S. S. Goncharov (extreme; 1906-1908), P. N. Durnovo (extreme; 1908-1911 and 1911-1915), P. P. Kobylinsky (extreme; 1911), A. A. Bobrinsky ( moderate; 1915-1916), I. G. Shcheglovitov (moderate; 1916), A. F. Trepov (moderate; 1917)

Right Center Group- officially organized as an independent group in 1911, a breakaway group from the Center Group, the Neuthardt Circle, named after its inspirer. Therefore, this group had the best internal discipline. Later, some deputies from the moderate wing of the Right Group also joined the group. The core of the group consisted of elected members of the State Council. Solidarizing either with the “Group of the Center” or with the “Group of the Right” 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. The size of the group was constant - 20 deputies. Head of the group: A. B. Neidgardt (1911-1917)

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. Number of members: 1911 - 16 members, 1912 - 12 members, 1913 - 12 members, in February 1917 - 18 members. 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. Heads of the group: Baron Yu. A. Ikskul von Gildenbandt (1910-1911), Prince B. A. Vasilchikov (1911-1917), V. N. Kokovtsov (1917)

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), due to the ideological diversity of members in 1907-12. was numerically reduced and structurally fragmented (in 1910 - 87 members; in 1911 - 63 members; in February 1917 - 50 members). From 1906-07, several subgroups emerged within the group, voting separately from the group on a range of issues. In May 1906, the subgroup “Polish Kolo” (14 members) emerged ideologically. In 1907, within the “Gr. Center" 2 more subgroups emerged: "The Neidgardt Circle" (since 1911 - the "Right Center Group") (15-20 members; mostly elected from zemstvos and local Baltic nobles). The most disciplined and independent subgroup of all. Head - A. B. Neidgardt. United members of the center with a shift to the right regarding voting on national and religious issues. The “main subgroup” (basically all appointees, some elected from zemstvos, nobility, landowners) included the remaining members of the “Center Group”. In 1909-12. From the main subgroup, the “Commercial and Industrial Subgroup” also stood out, uniting industrialists and financiers who voted based on their own and corporate interests. In 1915-17 - joined and headed the Progressive Bloc in the State Council, thereby becoming the actual opposition. It was their position that determined the voting during that period. Heads of the group: A. S. Ermolaev (1906-1907), Prince P. N. Trubetskoy (1907-1911), A. A. Saburov (1912-1913), V. V. Meller-Zakomelsky (1913-1917)

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 (while retaining the cadets in the core of the leadership). Consisted only of elected deputies. Number of members: 1906 - 13 members; 1907 - 13 members; 1908 - 16 members, 1910 - 11 members; 1911 - 6 members; in February 1917 -19 members. In 1915, the group joined the Progressive Bloc. Heads of the group: D. I. Bagalei (1906), D. D. Grimm (1907-1917).

1. Count Nikolai Petrovich Rumyantsev (1810-1812)
2. Prince Nikolai Ivanovich Saltykov (1812-1816)
3. His Serene Highness Prince Pyotr Vasilyevich Lopukhin (1816-1827)
4. Prince Viktor Pavlovich Kochubey (1827-1834)
5. Count Nikolai Nikolaevich Novosiltsev (1834-1838)
6. Prince Illarion Vasilievich Vasilchikov (1838-1847)
7. Count Vasily Vasilievich Levashov (1847-1848)
8. His Serene Highness Prince Alexander Ivanovich Chernyshev (1848-1856)
9. Prince Alexey Fedorovich Orlov (1856-1861)
10. Count Dmitry Nikolaevich Bludov (1862-1864)
11. Prince Pavel Pavlovich Gagarin (1864-1865)
12. Grand Duke Konstantin Nikolaevich (1865-1881)
13. Grand Duke Mikhail Nikolaevich (1881-1905)
14. Count Dmitry Martynovich Solsky (1905-1906)

In 1906-1917

1. Eduard Vasilievich Frish (1906-1907)
2. Mikhail Grigorievich Akimov (1907-1914)
3. Sergei Sergeevich Manukhin (1914)
4. Ivan Yakovlevich Golubev (1915)
5. Anatoly Nikolaevich Kulomzin (1915-1916)
6. Ivan Grigorievich Shcheglovitov (1917)

The State Council, as the highest legislative body of the Russian Empire, was located directly in the Winter Palace for a long time. Its meetings took place in the hall on the first floor. After the explosion in the Winter Palace on February 5 (17), 1880, during an unsuccessful attempt on the life of Emperor Alexander II, Secretary of State E. A. Peretz wrote a special note on ensuring the security of the premises of the State Council or its transfer to another building.

In 1885, the State Council was moved to the Mariinsky Palace, where it remained until 1917. After the transformation of the State Council in 1906 and a significant increase in the number of its members, the premises of the Mariinsky Palace were rebuilt, in particular, the meeting room was expanded. The work was completed by October 15 (28), 1908, and until then the renewed Council met in the premises of the St. Petersburg Noble Assembly, specially rented for this purpose.

MM. Speransky

In December 1808, Speransky, on behalf of Alexander I, began developing the “Plan for the State Transformation of Russia.” He began work on the project not only with his usual energy, but also with the hope of its implementation.

All the accumulated materials were transferred to the reformer " Secret Committee", notes and projects received by the Commission for the Drafting of State Laws. By that time, he said, he had “studied all the existing constitutions in the world” and discussed every paragraph of the plan with the emperor every day.

Main provisions of the “Plan”

Essentially, the “Plan for the State Transformation of Russia” was a constitution with its fixed and unchangeable laws. This was an immutable condition for Speransky, and he himself spoke about it this way: “In any well-organized state there must be positive, constant, immutable, immutable principles of legislation, with which all other laws could be consistent.”

Speransky was a staunch supporter of the constitutional system. But at the same time, he understood that Russia was not ready for a constitutional system, and therefore transformations should begin with the reorganization of the state apparatus. In the period from 1808 to 1811, he drew up a plan for state transformation from the emperor's office to volost government. A huge amount of work was carried out, and in a very short time frame for such a scale.

According to Speransky’s “Plan”, the entire population was divided into classes:

• nobility as owners of real estate
• average condition (burghers, merchants, state peasants
• working people (servants, artisans, townspeople, day laborers).

The division was carried out in accordance with political and civil rights: all three classes had civil rights, and only those who owned real estate had political rights. But a transition from one state to another was envisaged. The presence of civil rights means that there is a certain degree of freedom in the state. But to guarantee it, Speransky believed, a political constitution is necessary.

Vladimir set of laws of the Russian Empire

He argues that the state must ensure a person’s safety and the safety of his property, because integrity is the essence of civil rights and liberties. These rights and freedoms have two types: personal freedoms and material freedoms.

1. No one can be punished without a trial.
2. No one is required to provide personal service except by law.

1. Anyone can dispose of their property at will, in accordance with the general law.
2. No one is obliged to pay taxes and duties except by law, and not by arbitrariness.

As we see, Speransky perceives the law as a method of protection, and this requires guarantees against the arbitrariness of the legislator. Therefore, a constitutional and legal limitation of power is necessary. Therefore, the basis of Speransky’s plan of state reforms was requirement to strengthen the civil order.

The idea of ​​separation of powers

The idea of ​​separation of powers should have been the basis government system country and exist as legislative, executive and judicial branches. Speransky borrowed this idea from the West. He said: “It is impossible to base government on the law if one sovereign power draws up the law and carries it out.”

Senate should have become the highest authority judiciary. Ministries – executive. State Duma – legislative.

Above all these bodies, the State Council was established as an advisory body under the emperor, which finally approved or rejected the project submitted for consideration, even if it was adopted by the Duma. The essence of the constitution was as follows:

1) Separation of powers.

2) The opinions of the legislature are absolutely free and accurately reflect the aspirations of the people.

3) The judiciary is independent of the executive.

4) The executive branch is responsible to the legislative branch.

As we see, the main ideas of the “Plan for the State Transformation of Russia” were quite radical, but the soil of Russian reality at that time was not yet ready to accept them. Alexander I was satisfied with only partial reforms of Russia, covered with liberal promises and general discussions about law and freedom. But he experienced strong pressure from his court circles, who sought to prevent radical changes in Russia.

The house in St. Petersburg in which M.M. died. Speransky

On January 1, 1810, the creation of the State Council was announced, and M. M. Speransky received the position of Secretary of State in it. All documentation passing through the State Council was under his jurisdiction. The creation of the State Council was the first stage of transformation: it was he who was supposed to establish plans for further reforms, all bills had to pass through the State Council. The general meeting of the State Council was chaired by the sovereign himself. He could only approve the opinion of the majority of the general meeting. The first chairman of the State Council (until August 14, 1814) was Chancellor Count N.P. Rumyantsev. The Secretary of State (Speransky) became the head of the State Chancellery.

Other reforms

On April 3, 1809, a decree on court titles was issued, which changed the procedure for obtaining titles and privileges. Now these titles should be considered as simple signs differences. Only those who carried public service. The decree on reforming the procedure for obtaining court ranks was signed by the emperor, but everyone understood that its author was Speransky. In Russia, for many decades, children of noble families from birth received the court ranks of chamber cadet (5th class), and after some time chamberlain (4th class). Having become adults, without having served anywhere, they automatically received “higher places.” And by Speransky’s decree, chamber cadets and chamberlains not in active service were ordered to find a place of service within two months, otherwise they would face resignation.

In addition, he created a plan for changing the order of promotion to ranks, which has been in effect since the era of Peter I. Speransky directly speaks about the harm of Peter’s “Table of Ranks” and proposes to abolish or regulate the receipt of ranks, starting from the 6th grade, by having a university diploma. The program included testing knowledge of the Russian language, one of the foreign languages, natural, Roman, state and criminal law, general and Russian history, state economy, physics, geography and statistics of Russia. The rank of collegiate assessor corresponded to the 8th grade of the “Table of Ranks”. From this class and above, officials had significant privileges and high salaries. There were many who wanted to get it, but most were unable to pass the exams. It is clear why Speransky began to be hated more and more.

In 1810-1811 Speransky reorganized the ministries: they were divided into departments, departments into branches. From senior officials The ministry consisted of a council of ministers, and of all ministers, a committee of ministers to discuss administrative matters.

By the beginning of 1811, Speransky proposed a project for transforming the Senate. He intended to divide the Senate into government and judicial, but then this project was postponed. But according to his plan, the Tsarskoye Selo Lyceum was established in 1810.

MM. Speransky at the monument to the 1000th anniversary of Russia in Veliky Novgorod

All aspects of Russian reality were reflected in the “Russian Transformation Plan”. Regarding serfdom, Speransky wrote: “The relationships in which both of these classes (peasants and landowners) are placed finally destroy all energy in the Russian people. The interest of the nobility requires that the peasants be completely subordinate to it; the interest of the peasantry is that the nobles should also be subordinate to the crown... The throne is always serfdom as the only counterbalance to the property of their masters,” that is, serfdom was incompatible with political freedom. Thus, Russia, divided into different classes, exhausts its strength in the struggle that these classes wage among themselves, and leaves the government with the entire volume of unlimited power. A state structured in this way - that is, on the division of hostile classes - even if it has one or another external structure - these and other letters to the nobility, letters to cities, two senates and the same number of parliaments - is a despotic state, and as long as it remains consist of the same elements (warring classes), it will be impossible for it to be a monarchical state.”

Speransky's plan for the transition from autocracy to a constitutional monarchy remained unfulfilled.

Creation and activity of the State Council of the Russian Empire as the highest legislative institution in Russia (1810-1906)

The State Council of the Russian Empire (hereinafter referred to as the Council) is a product of Russian statehood of the New Age. Its history begins in 1801 or 1810. In March 1801, instead of the existing inactive Council at the High Court, the Permanent Council was created “for discussions on state affairs” (official documents called the Council “State”), which was endowed with legislative and advisory functions.

“The permanent council stood at the height of its calling, it was a true legislative institution in the state, closely monitoring the modern satisfaction of emerging social needs... The activities of the Council were distinguished in many cases by such nobility, humane character, it revealed such a comprehensive understanding of the real needs of the country... that the Permanent Council can safely be placed at the head of public administration of the first era of reforms of Alexander I...” Shcheglov V.G. State Council during the reign of Emperor Alexander the First. Yaroslavl, 1895. P. 350 - 351

In 1810, a reform of the Council was carried out under the influence of M.M. Speransky. The council reform project was prepared in secret and very hastily. By the end of 1809 the project was ready. On the evening of December 31, all members of the State Council received summons, according to which they met on the morning of January 1, 1810. After the emperor's speech, M.M. Speransky read the manifesto on the formation of the State Council. Thus began the activities of the State Council.

The powers and structure of the Council were determined by a special regulatory document - “Establishment of the State Council”. The Council was also called upon to carry out codification activities. Council members were appointed by the emperor. The monarch was declared the permanent chairman of the State Council. The Council consisted of a general meeting, four departments, two commissions and the State Chancellery.

According to the “Establishment of the State Council” of 1810, it should have included cases requiring a new law, charter or institution, items of internal government requiring the abolition, limitation or addition of previous provisions, cases on the interpretation of laws, general measures and orders acceptable for successful execution laws, general internal measures, acceptable in emergency cases. The competence of the Council also included cases on the declaration of war, the conclusion of peace and other important external measures, the state budget and additional loans, projects on the privatization of state revenues and property, as well as on the nationalization of private property and the assignment of compensation to their owners, and reports from ministries. Russian legislation of the X-XX centuries. T. 6. M., 1988. P. 67

Thus, according to the letter of the law, the Council of State had to first consider all legislative and most important administrative issues, controlling the ministers.

In all cases, the State Council presented its conclusion to the emperor, who made the final decision. In 1812-1815 During the absence of the monarch, the Council had the right, in urgent cases, to issue laws and make some other decisions by its own power with a report to the sovereign (State Council. 1801-1901. P.27; Shcheglov V.G. State Council in Russia in the first century of its formation and activities . p. 27)

The Council was headed by a Chairman. He was appointed by the emperor for one year and could be dismissed early. From January 1810 to 1906, the State Council had 12 chairmen and 2 presiding officers, 8 of them held this position for life. State Council. 1801-1901. P.3-4 (second pagination)

Having begun in 1810 with broadcast statements and extensive plans, the activities of the State Council by 1825 had calmed down and become insignificant in the movement of the state machine.

During the Nicholas era (1825-1855), the State Council occupied one of the most important places in the system of government bodies. Nicholas I recognized its necessity, and paid paramount attention to its composition and, most importantly, its leadership. The work procedure of the State Council was determined by a number of private orders.

The first change in the structure of the Council was the separation of the Law Drafting Commission. In February 1832, the Department of Affairs of the Kingdom of Poland was created within the Council. In January 1835, the Decision-Making Commission under the State Council came under the direct authority of the emperor. In 1854, the Department of Military Affairs ceased its activities.

In 1842, in the “Establishment of the State Council”, the following items were added to the number of items to be considered in the State Council: cases on the establishment of joint-stock companies, estimates and distribution of zemstvo duties by province and public collection for secular expenses state peasants, annual reports on government revenues and expenditures, etc.

During the reign of Nicholas I, such important laws as the establishment of commercial courts (1832), a new university charter (1835), etc. were passed through the State Council.

The scope of the Council's activities has expanded since 1850 through detailed consideration of the estimates of all ministries, and it also gained the opportunity to monitor the implementation of all its decisions.

As a result, the activities of the State Council were introduced into a more rigid framework of the bureaucratic system. But at the same time, the new “Establishment” contributed to a more organic inclusion of the Council in the management system characteristic of the pre-reform Russian Empire, which was the highest position of the State Council in the vertical of power. State Council of the Russian Empire, Federation Council of the Federal Assembly Russian Federation in the history of Russian parliamentarism: continuity and traditions. M.: ZAO OLMA Media Group, 2007. pp. 17-18

Deep social and political reforms of the 1860s - 1870s contributed to a significant increase in the role of the State Council in the system of government and administration of the Russian Empire.

In the era of reforms, the role of the State Council in the budget process is increasing. At the same time, as a result of judicial reform, judicial functions have been significantly reduced. In September 1862, the “Basic Provisions for the Transformation of the Judiciary in Russia” were approved, which separated the judicial power from the administrative power and put forward the principles of irremovability of judges, oral and publicity of the court, etc.

In January 1875, the highest order confirmed that all issues considered in the Council must be presented to the emperor in the prescribed manner. This was aimed at increasing the emperor's control over legislative activities and limiting the independence of individual ministers.

The most important activity of the State Council during the reign of Alexander II was its participation in peasant and military reforms.

In general, the composition of the State Council in the 1860-1870s was distinguished by high competence and a noticeably increased level of education.

During the era of counter-reforms under Alexander III, the importance of the State Council decreased somewhat. The Emperor prefers to discuss bills within a smaller circle of trusted senior dignitaries. Most often, the Committee of Ministers acts as a narrow circle. This was due to the fact that dignitaries from the time of Alexander II, who were more liberal-minded than the current ministers of the new reign, played a significant role in the State Council.

During this period, the process of unification of legislative and codification activities in the State Council is completed. At the same time, we can talk about a formal strengthening of the role of the State Council in the legislative process, although in fact the absolute monopoly of the council on the consideration of all bills and other legislative measures has never existed. State Council of the Russian Empire, Federation Council of the Federal Assembly of the Russian Federation in the history of Russian parliamentarism: continuity and traditions. M.: ZAO OLMA Media Group, 2007. P. 31

In just 13 years of reign Alexandra III 51 new members of the State Council were appointed. Under him, members of the State Council began to appoint not only ministers, etc., but also “fresh” people from the localities - provincial leaders of the nobility, civil governors.

One of the first cases considered by the State Council in the new reign was the transfer to compulsory redemption of temporarily obligated peasants and the reduction of redemption payments. In 1881, the Council considered the issue of abolishing the poll tax. The State Council actively took part in the reform of local self-government, where it repeatedly encountered the opposition of the emperor. He played an active role in the tariff reform and the draft of the new city regulations. Right there. P.32-34

In general, we can say that the State Council of the 1880-1890s was at the height of its position.

At the turn of the 19th and 20th centuries, features of stagnation began to appear in the activities of the State Council. At this time, the Council took a more liberal position than the government, and sometimes acted as a restraining principle in relation to government initiatives.

The composition of the cases considered by the State Council continued to depend on the initiative of the ministers and the orders of the emperor. This was due to the lack of the right of legislative initiative in the State Council. The main subjects of consideration of the State Council at this time were transformations in the economic field.

In January 1899, the emperor approved the opinion of the State Council, which approved the bill of the Ministry of Justice on the abolition of exile to Siberia. New law also limited the administrative link.

In January 1900, the Department of Industry, Science and Trade was formed within the State Council. In January 1902, an interdepartmental Special Meeting on the needs of the agricultural industry was established.

In June 1905, a law was issued to eliminate violations in the procedure for issuing laws. It was prescribed that all draft general laws be submitted to the State Council. Demin V.A. Upper house of the Russian Empire. 1906-1917. - M.: “Russian Political Encyclopedia” (ROSSPEN), 2006. P. 29

At the end of April 1906, the pre-reform State Council completed its work and new legislative chambers were convened.