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Power and legal profession (N.P. Karabchevsky)



KOVALYOV'S darye

POWER AND LEGAL PROFESSION (N.P. KARABChEVSKIY)

Article purpose - to show relationship between the power and legal profession in Russia at the end of XIX - beginning HHvv. The author's contribution to disclosure of a subject is that for the first time as the primary source N.P. Karabchevsky's works - one of the best-known lawyers of that time are used. Its professional and original judgments keep not only scientific, but also practical value up to now.

The objective of the article is to show the relations between state power and advocacy in the end of the 19th and the beginning of the 20th centuries. The author> s contribution consists in using legal practice of N.P. Karabchevsky which was one of the most famous lawyers of that time, as a primary source of information. His professional and original opinions are of historical significance and have great practical value for modern Russia.

legal proceedings, legal profession, barrister, protection, charge, prosecutor; legal proceedings, advocacy, attorney-at-law, defense, prosecution, public prosecutor.

KOVALYOVA

Nikolaevna —

graduate student

Saratov

technical

university

dasha1109@mail.ru

Nikolay Platonovich Karabchevsky (1851 — 1825) endured a lot of things in the life. It was the saturated, politically painted time in country life, and many, very many could not remain away from policy. Karabchevsky, being a person of the time, had the certain views of occurring in the country.

In youth, on his own memoirs, it was not the anarchist, not the idealist. At the university already at the first year Karabchevsky participated in student's disorders, for as three-week arrest left. And from now on future famous lawyer was under supervision as "unreliable".

Having become the barrister from hopelessness, Nikolay Platonovich found exactly here the true calling therefore recognition and glory did not keep themselves waiting long. The famous lawyer was free from political influences what he said more than once: "I am not a politician and I confess that in any political organizations and parties quite consciously I do not take part" 1. Colleagues and contemporaries ranked Karabchevsky and as "extremely moderate people, is more right than cadets", and to "the left wing of the Russian liberals", and to "moderate liberals (monarchists constitutionalists)".

The sister of the known narodovolets — Olga Andreevna Nikonova was the first wife of Karabchevsky. Many oppositional persons entered a circle of acquaintances Karabchevsky.

Over time the circle of contacts of Karabchevsky, in no small measure and because of second marriage as the daughter of the rich manufacturer Olga Konstantinovna Vargunina absolutely alien to revolutionary views became his wife changed. Second marriage is time of life already quiet, full of recognition when a lot of things are already reached. At this time, perhaps, there is some movement to the right in his political preferences: "... now, speak, Karabchevsky became more conservative and departed from political life" 2.

At the beginning of the 20th century in process of formation and strengthening of legal profession its political activity which was shown mainly in speeches for the defense of lawyers before royal court grew. By then lawyers already brilliantly proved in politiches-

1 N.P. Karabchevsky Rechi. — the 3rd prod. — Pg.; M, 1916, page 579; it. That my eyes were seen. T. 2. — Berlin, 1921, page 21 — 22.
2 G. Gershuni. From the recent past. — Paris, 1908, page 49.
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ky processes (process of "nechayevets", business V. Zasulich, etc.), skillfully protecting the clients, not accenting the political ideas in the performances. Lawyers fought "for the right, but not for revolution" 1. Barristers said about the position and in extrajudicial, just humane or oppositional actions publicly. So, among 95 persons who signed the application addressed to the Minister of Internal Affairs D.S. Sipyagin with a protest against dispersal and beating of student's demonstration in St. Petersburg on March 4, 1901 there were also nine lawyers: D.V. Stasov, N.P. Ka-rabchevsky, V.N. Gerard, V.O. Lyustig, K.K. Arsenyev, V.V. and M.V. Berenshtama, A.A. Veynberg, N.N. Shnitnikov. In December, 1904 the legal profession took part in political demonstrations: barristers signed a protest of 112 writers against police punishment of demonstration of students on Nevsky Avenue in St. Petersburg. The political activity of lawyers from the beginning of revolution of 1905 continued to increase and led to creation on March 30, 1905. The All-Russian union of lawyers which united 2.5 thousand barristers and their assistants from 64 cities of the European Russia, including Transcaucasia.

But also at the beginning of the 20th century Nikolay Platonovich did not change himself, remaining the lawyer far from any currents in estate. For himself he once and for all decided that service to the law and morals as great service for the homeland, at us in Russia where both was based upon the shaky, fluctuating bases" is at the head of a corner ". For it the lawyer's debt as defender stood high politics: "I considered unacceptable for the lawyer isolation of party membership and bringing in the victim to any political program of interests of universal morals and justice" 2. Therefore record in fund of the Petrograd town council in 1917 is surprising — N.P. Karabchevsky is written down as the member of the party of national freedom (konsti-tutsionno-democratic) 3.

It is known that at No. 4 he stood in deputies from nonparty committee of Spassky district of St. Petersburg in

1 M.L. Mandelstam. 1905 in political processes. Defender's notes. — M, 1931, page 46.
2 N.P. Karabchevsky. That my eyes were seen. Part 2. - Berlin, 1921, page 18, 28.
3 CGIA SPb, t. 513, op. 19, 862.

March, 1906. On political processes it protected defendants, still remaining in the distance from their ideological views or revolutionary moods. Politically not less significant, than protection of revolutionaries and than upholding of freedom of press, was daily work of legal profession in which it in process of forces subdued an arbitrariness, kept court under control and cultivated respect for the law and the right in society. Such political role of the lawyer found full and conscious expression in Karabchevsky's activity: "When, at last, all of us will understand that as a principle public life should take the law and the right, but not our personal aspiration and mood. When will we meet, at last, in assessment of the most elementary ethical and legal questions? Differently to live insufferably!" 4

Being out of policy, Karabchevsky did not approve revolutionaries, but also too did not support the policy of the government. Nikolay Platonovich condemned violence and terror in all of them manifestations, as with one, and on the other hand: ".dlya me "terrorist" and "executioner" are equally disgusting!" Terror, according to him — not an exit as violence cannot create anything and, destroying, will result only in reciprocal cruelty.

1917 became critical in the history of Russia. After the February burzhuaznodemokratichesky revolution at a general meeting of the Petrograd barristers on May 16, 1917 the chairman of the board Karabchevsky so assessed the developed political situation: "Political revolution — overthrow of the mode, harmful, dangerous and hated for the country — came true as it is clear for all, at will of the people. Otherwise that rare, almost enchanting unanimity with which the old power was overthrown would be inexplicable. For centuries the begun to rot autocratic power failed without the rest. It is the fact!" At the new power for the self-coping estate of lawyers the principles of existence remained the same: ". to overthrow the hated and harmful government does not mean at all to overthrow laws, commands of morals and to turn the country upside down" 5.
4 Kulisher E.N.P. Karabchevsky (1851 — 1925)//New magazine, New York, 1952, page 303.
5 GARF, t. 827, op. 1, 8, l. 1 (about), 2.

In estate of barristers two positions on participation in political life of the country were accurately designated. Most of lawyers preferred to remain away from public service. N.P. Karab-chevsky's reply to the proposal of the Minister of Justice A.F. Kerensky to become senator of criminal cassation department is characteristic: "No, Alexander Fedorovich, allow me to remain that I am — the lawyer" 1. Karabchevsky first almost daily visited the most various legislative commissions. But soon accurate awareness of uselessness of the events came: ".beskonechny number of words. when the obvious lawlessness and the most rough violation of the most primitive bases of justice around reigns".

So, the February revolution was apprehended by Karabchevsky with enthusiasm as an opportunity to change the existing order of things. But the infinite commissions gathered, a never-ending debate was conducted, and the situation in the country only worsened, especially from the point of view of observers of the law.

Later, staying in emigration and estimating the events which happened in Russia, Nikolay Platonovich unexpectedly for those who knew him, arrived at an idea of support of the idea of autocracy. The monarch, according to Karabchevsky, could count on full support of the people, having made necessary

1 N.P. Karabchevsky. That my eyes were seen. Part 2. — Berlin, 1921, page 122.

reforms: agrarian, autonomies of the outskirts, decision working and Jewish voprosa2. Knowing about consequences of both the February, and October revolutions, Karabchevsky comes to a conclusion that Russia needs only "firm, absolutely firm power", and true constitutional monarchy on the firm lawful beginnings would become a normal form of board for Russia. In emigration Karabchevsky adjoined the monarchic movement, having become the official representative of the prince Kirill Vladimirovich in Rome, than caused discontent of some of his contemporaries.

Soon Nikolay Platonovich finally was disappointed in policy: ".chto concerns policy, and I finally washed in it hands. When I, rashly, rushed in legitimism, I personally had no idea of persons and believed in the hidden prestige. Dreams from eyes down with, the veil" 3 also fell down.

The end of XIX — the beginning of the 20th centuries — time sated with political events when everyone had to make the choice. N.P. Karabchevsky avoided, but was not afraid of policy, understanding that the legal profession was his calling. Eventually in sympathies of the famous lawyer priorities changed: from sympathy for revolutionaries for misunderstanding and unwillingness to accept their fight, and after revolution — unexpected and short support of the monarchic movement.

2 In the same place, page 58.
3 Gershun B.N.P. Karabchevsky//Wheel, Berlin, December 1925, 3, No. 1522, page 3.
Susan Susan
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