Reforming the judicial system in the territory of Belarus during the reign of Paul I (1796–1801)
https://doi.org/10.29235/2524-2369-2021-66-1-29-40
Abstract
The article deals with the content and results of the reforms in the judicial sphere in the territory of Belarus, which took place during the reign of Paul I. He declared the recognition of special rights and privileges for the territory, which was annexed to Russia as a result of partitions of the Polish-Lithuanian Commonwealth (the so-called Western provinces). First of all, this was reflected in the reform of the judicial system here. The main content of these changes was the restoration of the judiciary of the period of the Grand Duchy of Lithuania and the Polish-Lithuanian Commonwealth, although not in full. The article concluded that the reforms of Paul I in the judicial sphere in the territory of the Western provinces were an attempt to form here the judicial system on the basis of local justice traditions of the period of the Grand Duchy of Lithuania and the Polish-Lithuanian Commonwealth, but given the realities of the autocratic Russian Empire. The local judicial system, which was established at that time, was similar to the former (before annexing to Russia) – was partially restored former judiciary, continued to use local rights, local nobility had considerable authority in the justice sphere. But at the same time on many aspects this judicial system was significantly different from the former in the direction of unification with the Russian judicial traditions (using of Russian laws, the appointment of some judges by the government, the significant role of governors in the justice, the subordination of the highest court – the Senate, etc.).
About the Author
I. H. Hushchynski
Belarusian State Pedagogical University named after
Maxim Tank
Belarus
Belarus
Ihar H. Hushchynski – Ph. D. (Hist.), Associate Professor
18 Sovetskaya Str., Minsk 220030
References
1. The complete code of laws of the Russian Empire. Collection 1. Vol. 24. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 872 p. (in Russian).
2. Zhukovich P. N. Western Russia in the reign of Emperor Paul. Zhurnal Ministerstva narodnogo prosveshcheniya. Novaya seriya. Ch. 63 [Journal of the Ministry of Public Education. New Series. Pt. 63], 1916, no. 6, pp. 183–226 (in Russian).
3. Klochkov M. V. Sketches of government activities of the time of Paul I. Petrograd, Senate printing house, 1916. [4], IV, 631 p. (in Russian).
4. Żytkowicz L. Rządy Repnina na Litwie w latach 1794–7 [Repnina’s rule in Lithuania in 1794–7]. Wilno, Society of Friends of Sciences in Wilno, 1938. 464 p. (in Polish).
5. Lugovtsova S. L. The policy of the Russian autocracy in relation to the nobility of Belarus in the late XVIII – first half of XIX centuries. Minsk, Belarusian State Pedagogical University, 1997. 78 p. (in Russian).
6. Shelkoplyas V. A. The judicial bodies in Belarus: the end of the XVIII – first half of the XIX centuries. Minsk, Academy of the Ministry of Internal Affairs Republic of Belarus, 1997. 63 p. (in Russian).
7. Kiselev A. A. The governance system and the bureaucracy of the Belarusian provinces in the late XVIII – first half of the XIX century. Minsk, Military Academy of the Republic of Belarus, 2007. 171 p. (in Russian).
8. Godek S. III Statut Litewski w dobie porozbiorowej [III Lithuanian Statute in the post-partition period]. Warszawa, Publishing house of the Cardinal Stefan Wyszyński University, 2012. 810 p. (in Polish).
9. Gushchynski I. G., Zhytko A. P., Talmachova S. A. The judicial system. Gramadska-palіtychnae zhytstse u Belarusі, 1772–1917 gg. [Socio-political life in Belarus, 1772–1917]. Minsk, 2018, pp. 135–153 (in Belarusian).
10. Korowicki A. Proces cywilny litewski [Lithuanian civil litigation]. Wilno, Józef Zawadzki, 1826. 316 p. (in Polish).
11. Barmak M. Formation of the governance institutions of the Russian Empare in the Right-Bank Ukraine (the late XVIII – first half of the XIX century). Ternopil’, Aston Publ., 2007. 512 p. (in Ukrainian).
12. Voronina V. Legislative initiatives of Paul I in the sphere of justice. Ukraїns’kii іstorichnii zbіrnik [Ukrainian Historical Collection]. Kiev, 2008, iss. 11, pp. 80–91 (in Ukrainian).
13. The complete code of laws of the Russian Empire. Collection 1. Vol. 20. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 1034, 10 p. (in Russian).
14. De-Pule M. F. Stanislav-Augustus Ponyatovsky in Grodno and Lithuania in 1794–1797. St. Petersburg, Tipografiya Maikova Publ., 1871. 225 p. (in Russian).
15. The complete code of laws of the Russian Empire. Collection 1. Vol. 44. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. [1], 330, 126 p. (in Russian).
16. The complete code of laws of the Russian Empire. Collection 1. Vol. 26. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 875, [8] p. (in Russian).
17. National Historical Archives of Belarus (NHAB). F. 1834, Op. 1, D. 1 (in Polish).
18. The complete code of laws of the Russian Empire. Collection 1. Vol. 27. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 1122, [87] p. (in Russian).
19. The Statute of the Grand Duchy of Lithuania with references in the appropriate places to Sejm’s constitutions. St. Petersburg, Governing senate, 1811, pt. 1. XXVII, 543 p. (in Russian, Polish).
20. The complete code of laws of the Russian Empire. Collection 1. Vol. 44, pt. 2. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 1172 p. (in Russian).
21. The complete code of laws of the Russian Empire. Collection 1. Vol. 25. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 936 p. (in Russian).
22. National Historical Archives of Belarus (NHAB). F. 1834, Op. 1, D. 2 (in Polish).
23. Kuznetsov I. N., Shelkoplyas V. A. History of the state and law of Belarus. Minsk, Dikta Publ., 1999. 272 p. (in Russian).
24. National Historical Archives of Belarus (NHAB). F. 3219, Op. 1, D. 1 (in Russian).
25. Leont’eva T. E. (comp.). Minsk province: state, religious and public institutions: 1793–1917. Minsk, Belarusian Research Institute of Records Management and Archival Studies, 2006. 391 p. (in Russian).
26. National Historical Archives of Belarus (NHAB). F. 3219, Op. 1, D. 45 (in Russian).
27. The complete code of laws of the Russian Empire. Collection 1. Vol. 24. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 872 p. (in Russian).
28. National Historical Archives of Belarus (NHAB). F. 3215, Op. 2, D. 7 (in Russian, Polish).
29. National Historical Archives of Belarus (NHAB). F. 76, Op. 1, D. 19 (in Russian).
30. National Historical Archives of Belarus (NHAB). F. 156, Op. 1, D. 4 (in Russian, Polish).
31. The complete code of laws of the Russian Empire. Collection 1. Vol. 24. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty's Office, 1830. 872 p. (in Russian).
32. The complete code of laws of the Russian Empire. Collection 1. Vol. 25. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 936 p. (in Russian).
33. The complete code of laws of the Russian Empire. Collection 1. Vol. 25. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 936 p. (in Russian).
34. The complete code of laws of the Russian Empire. Collection 1. Vol. 24. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 872 p. (in Russian).
35. National Historical Archives of Belarus (NHAB). F. 1568, Op. 1, D. 87 (in Russian, Polish).
36. National Historical Archives of Belarus (NHAB). F. 1601, Op. 1, D. 2 (in Polish).
37. The complete code of laws of the Russian Empire. Collection 1. Vol. 25. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 936 p. (in Russian).
38. The complete code of laws of the Russian Empire. Collection 1. Vol. 14. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 862, 132 p. (in Russian).
39. The complete code of laws of the Russian Empire. Collection 1. Vol. 24. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 872 p. (in Russian).
40. The complete code of laws of the Russian Empire. Collection 1. Vol. 25. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 936 p. (in Russian).
41. The complete code of laws of the Russian Empire. Collection 1. Vol. 25. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1830. 936 p. (in Russian). 40 Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series, 2021, vol. 66, no. 1, рр. 29–40
42. Lastowski V. A Brief history of Belarus. Minsk, Unіversіtetskae Publ., 1992. 126 p. (in Belarusian).
43. Shybeka Z. Sketch of the History of Belarus, 1795–2002. Minsk, Entsyklapedyks Publ., 2003. 489 p. (in Belarusian).
44. The complete code of laws of the Russian Empire. Collection 2. Vol. 6, pt. 2. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1832. 693 p. (in Russian).
45. The complete code of laws of the Russian Empire. Collection 2. Vol. 15, pt. 1. St. Petersburg, Printing house of the II Division of His Own Imperative Majesty’s Office, 1841. 961 p. (in Russian).
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