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City reforms in Russia and Prussia in the first half of the 19th century



ISTORIYA of RUSSIA

UDC 94 (430) & #43;94 (47)

T.A. Sviridova city reforms in Russia and Prussia

In the FIRST HALF of the 19th CENTURY

The city legislation in Russia and Prussia in the European context is considered. The principles of transitive formation of city self-government and specifics of its institutes, general for conservative monarchy, are analyzed.

The article explores Russian and Prussian city legislation in European context. It provides a thorough analysis of principles of city government transitive formation which are common for conservative monarchy and specificity of its institutes.

The special role of the Prussian legislation when carrying out reforms of local government in Russia became conventional in a domestic historiography [1, page 22; 2, page 51]. It was noted that traces of its influence to a greater or lesser extent occur in city laws 1785, 1846, 1870, 1892 and 1917 it., in territorial Provisions 1864 and 1890 it. [3, page 304 — 320; 4, page 125; 5, page 233]. Systematic studying this question is still not carried out.

It is known that bases of city self-government and the municipal right in Germany were put by the Prussian reformer baron G.F.K. von Stein at the beginning of the 19th century [6, page 24]. However, as I.I. Dityatin, "one of the greatest administrators of the time wrote, Stein became the creator of the Policeman of situation which not only was entered, with any given changes, in the majority of the cities of Germany. In the same source and only in it scooped (from the German) also our legislation" [7, page 69]. Vshchayushchiysya the researcher of history of the municipal public government in Russia, A.D. Gradovsky's pupil, called, in particular, Gorodovoye the provision of 1846 for St. Petersburg & #34; Schutzverwandten"1 of the Prussian municipal statute of 1808 [7, page 390].

Tasks of article are in that: 1) to show historical conditions of development of reforms; 2) to analyze the main lines and features of the electoral system put in the basis of reforms; 3) to consider how the relations of electoral institutions with the administrative authority, degree of their independence were under construction; what their competence and powers were.

1 Schutzverwandten (German) — the historical successor, the descendant.

The RGU bulletin of I. Kant. 2008. Issue 12. Humanities. Page 7 — 13.

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In the European and Russian history of local reforms of a boundary XVIII

— The 19th centuries intertwined the beginnings of self-government and centralization trends, fight of public elements in the system of local management with its bureaucratization. So, the municipal authority of revolutionary France was replaced by administrative centralization of Napoléon. Establishment in the same years in Russia at Paul I of city boards of rattauz with magistrates and town halls "under them apellyatsiyeyu" [8, t. 26, No. 19543] was meant by distortion of the basic principles — elections to a position, decentralization — the Ekaterina's municipal public government, they will be restored during an aleksandrovsky era. Counteraction of the French administrative unification in Russia and Prussia took place in conditions of Napoleonic gains when the French imperial elite was convinced that all European provinces of the Napoleonic empire have to follow on the way of development, designated by the French nation after 1789, accept national French model.

A historical background of the transformations which are carried out by Stein were consequences of defeat of Prussian army by the French in Iyena-Auer-shtedtskom battle of 1806 and Napoleonic occupation of Prussia when in search of ways of strengthening of the country the monarchic power acting through the king Friedrich Wilhelm III decides on reforms. At the Stein who headed the Prussian government and given special powers appeared October edikt 1807, proclaimed personal liberty of peasants and a possibility of alienation of the earth at the request of the owner. However the city reform which is carried out in 1808 became the central reform which is almost completely finished. Published on November 19, 1808. The Prussian municipal statute (Die PreuWsche Stadteordnung von 1808) was also the only act signed itself by Stein [9, page 17].

The relations "monarchy and zemstvoes" in Prussia during the gfedshestvuyushchy period developed in the police state of the 18th century which "was cast in a form of a long combination of two, apparently, not akin beginnings — a patrimonialnost and statehood" [12, page 6]. Historically registered union of landed gentry and the city patritsiat provided superiority of the class beginning, the patrimonial landowners' aristocracy in the solution of local affairs. Instead of the free self-coping community into the forefront force which stood apart from nationality — city magistrate performed with a pozhiznennost of positions in it in the immediatny cities. In so-called Mediatstadte ("mediatny" cities) the magistrates were appointed by the landowner on whose earth there was a city.

"Provisions for all cities of the Prussian monarchy" were repealed on November 19, 1808 division of the cities into "imperial" and "territorial", they differed only on number of inhabitants. The citizenship was obtained by all, the houses having in the city, regular job or trade. In the cities of Prussia the system of communal management in which along with gfedstavitelny body — meeting of deputies (Stadteverordnetenversammlung, in Russia called it "a thought from vowels") — it was formed kollegial-was introduced

ny executive body — the magistrate which had some independent powers. It was made by 6 — 17 advisers elected by citizens. Positions of advisers were and paid, and public. The burgomaster who was the chairman and representative and executive bodies performed management of current affairs of the municipal government.

The city meeting included from 24 to 102 deputies who were elected by all citizens having the right to vote [9, page 59 — 64]. It had rights of the petition for city affairs before the government. Also the committees established on various industries of municipal economy (ad hoc) were provided. All major public affairs are finance, police, school education, public charity — were told to hands of electoral bodies. The electoral system introduced by the Prussian municipal statute had property qualification. In big cities the income of voters had to be not less than 200 thalers, and in small — 150 thalers [9, page 65]. Vowels were chosen not on shops or other public groups, and on sites (city quarters). Elections were straight lines (without any groups of electors) with secret giving of voices in the put notes. Besides city bodies the position of the local representative of community elected for six years from among householders (on quarters) with the administrative authority was provided.

City self-government was only a part of the Prussian government of reforming of local management conceived by the head. Reform of management of rural districts did not take place as it was not carried out at Stein and the general national representation. Nevertheless the Prussian charter of 1808 laid the foundation for further development of the local right in many other German lands. It was followed by city charters of Bavaria (1818), Wurtemberg (1822), Baden (1831).

Shteynovsky transformations had so considerable resonance because in their basis, according to Nikolay Turgenev, "the principle of broad participation of the population in the administration of the community was put; this law had to awaken in citizens the most live interest in public affairs" [13, page 483]. The city community (Gemeinde) revived by Stein was recognized as independent whole with the special sphere of interest and the special sphere of self-determination and amateur performance again.

These transformations contradicted the Republic approved 28 more plyuvioz of the VIII year (on February 17, 1800) the consular government led by Napoléon to "the administrative charter" about creation in France of the new system of local management extended in its European provinces.

The Napoleonic "adshgggistrativny charter" destroyed the elective self-government entered by revolution which was replaced by the centralized, hierarchical system of prefectures [10, page 9]. In each department, prefects were appointed, the prefect appointed mayors and subgtrefekt in the cities. They were responsible to the prefect, as well as approved as him

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municipal assembly and "consultative" main council. Powers of the first consul allowed it to exercise own control over administrantsy on places. According to Article 41 of the Constitution of the VIII year, "the first consul at discretion appoints and recalls members of a local adoginistration" [11, page 175 — 190]. The institutes initiated by Napoléon I created during introduction by its wars of state and political reorganization concerned not only Germany.

From the beginning of Patriotic war of 1812 on the French sample the organization of local management in the Russian areas occupied by the French was carried out. In the occupied territory the French gave to a form of the organization of local management that that it was known to them for own practice and answered all-consuming tasks of military management. In provinces the French municipalities with characteristic prevalence in them a government element and bureaucratic guardianship were created [14, page 121 — 140].

With the end of the Napoleonic wars Stein's "Note" turned to Alexander I during stay on the Russian service responded in creation of "own municipal institutions" in the Polish possession attached to Russia [15, page 742 — 744; 16, page 100.103].

As for transformations in internal provinces of the Russian Empire, even at accession Alexander I Manifestom of April 2, 1801 restored action of the Appointed diploma to the cities. She is lean the project of local government with wide, elective and vsesoslovny representation (1809) systematized, but not carried out in provincial "councils" and volost thoughts M.M. Speransky presented. He in details considered such questions as "property qualification in France and at us", the status of volost, district, provincial thoughts [17, page 62 — 63, 66 — 67, 73 — 77]. Tells emergence of some kind of "small thematic codification" about intention of the legislator to begin transformations. In 1818 in St. Petersburg the complete collection of legalizations about provinces on a chronological order from 1775 to 1817 June comprising Establishment about Catherine II's provinces with Paul I and Alexander I's additional legalizations on 1817" and "Complete collection of the legalizations belonging to the Policeman to situation on a chronological order from 1775 to 1817 June" was published ".

In the 1820th the government started development of the new law. The graduate of law department of the University of Vienna, well familiar with the European legislative experience in this sphere, and the law professor of the Peshtsky university to moving to Russia M.A. Balugyansky [18, page 214 — 30] was the author of one of projects of reorganization of the municipal public government.

Projects gtr food smatrivat participation in city affairs of all urban population, including noblemen, and elections not on estates, and in parts (to sites, quarters) the cities. It is noticeable that projects of "new management of the cities" (1827 — 1828) bore in themselves the shteynovsky beginnings of a vsesoslovnost. It was supposed that any of city inhabitants irrespective of estate to which he belonged if he met such conditions

of qualification as possession of immovable property worth not lower than 8 thousand rubles could participate in each such meeting, or belonged to one of merchant guilds. The meeting of each part of the city chooses from the environment five people (on number of estates) deputies, the persons possessing the real estate which value — is not lower than 20 thousand rubles can be chosen by them. But any of projects of this time was not approved by the State Council. The merchants of Moscow and St. Petersburg also spoke against them. Introduction of noblemen to the structure of city institutions was regarded as attempt at birth rights of "citizens" which were understood as one merchants. Innovations — a vsesoslovnost of new city institutions — were mythologized, presented to ordinary consciousness by "a fruit of a frantsuzofilstvo, an anglomanstvo" [4, page 125].

To destroy "oligarchy of guilds" and to recruit the literate of capital society in city self-government, the nobility N.A. Milyutin aspired during development in the 1840th of the new Policeman of situation for St. Petersburg. Its efforts were directed to revival of the best sides of Ekaterina's situation which became by this time declarative. "The" legislation, starting with Peter I was for this purpose studied and systematized, under the leadership of N. Milyutin his active employees carried out survey of municipal economy and management of modern Russia. At the same time the track record of N.A. Milyutin confirms his systematic study as the chief of the city office founded at Economic department of the Ministry of Internal Affairs for "the device of the policeman of management and economy", foreign experience.

Besides Estlyandiya and Liflyandiya's visit in 1844 [19, page 55 — 68] Milyutin went to Germany, to Prussia — "it is entrusted to it to study social system of the German cities and especially Prussian institutions" [20, cards. 99, 28, l. 4 about. — 7 about.].

The decree of the emperor Nicholas I signed on February 13, 1846 "About the new provision on public management of St. Petersburg" contained class kurialnye lines and at the same time accurately recorded property qualification, uniform for all. By the Ekaterina's legislation, on the Policeman to the provision of 1785, the city meeting consisted of the persons which had a certain property qualification and elected leading persons of the city whereas elections of vowels of the General thought were made by electoral meetings of categories, and the property qualification for them was not required.

To stop evasion of the noblemen from public service who were not wishing rapprochement with the lowest classes, for the choice of vowels in a thought meetings of citizens on estates were established. Gorodovoye the provision of 1846 replaced the Six-public thought with the General thought formed of representatives of five class groups, including hereditary and personal noblemen, honourable citizens, commoners and also merchants, petty bourgeoises and shop handicraftsmen.

"Property right" as the fundamental principle of formation of the municipal public government is in details regulated in

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Chapter II "About an order of replacement of positions on public management C. - St. Petersburg capital". In § 43 among conditions for obtaining the right of a voice the possession "in the capital property, in real estate or in the monetary capital and goods, prinosyashcheyu in a year of income not less than 100 rubles silver" [21, SOBR was called. II, t. XXI, No. 19721].

However, the qualification was for those times very high, there was also an administrative supervision — "the member from a crown" managed a calculating part of all thought, thereby became actually the chief of all its expeditions. "Nationalization" of the municipal public government is looked through also in the section of the law (Chapter V) painting "on classes" electoral service. Besides, in case of "dissidence", that is the conflict between the General and Administrative thoughts, the arbitration judge the chief of the province and the military governor general [21, acted as SOBR. II, t. XXI, No. 19721].

With little changes the new law will be postponed for Moscow (in 1862) and also to Odessa and Tiflis in 1863 and in 1866

In comparison with Stein's heritage, the situation in Prussia "Reconsidered" by Gorodovoye's (KeglAt/g) 1831 which transferred control of city affairs in hands more well-founded and more in the political meaning of reliable representatives of urban population differed in more conservative lines. If earlier passive and active suffrage of citizens coincided, then now increase in property qualification (it is insignificant — for the active right and more than six times — for passive) sharply limited a circle of people which had rights to be elected in deputies and to the structure of magistrate. The principle of territoriality, on sites, in elections was replaced class that the nature of transformations in both conservative monarchy which relations in 30 — the 40th of the 19th century were especially close brings together.

Comparative analysis of Prussian and Russian experience of the end of XVIII

— the first half of the 19th century in the field of reforming of local management shows introduction to this system of public elements.

The constitutional movement in France since 1789 provided to local societies the known share of independence and participation in management. The suffrage proclaimed "The declaration of human rights and the citizen" on August 26, 1789 which standards were concretized by the constitution of 1791 for the first time gave the chance of the personality, but not to estate or an administrative and territorial unit, to participate in elections, including to local institutions that was apprehended by shteynovsky reform. Further in Prussia from an arsenal of the French-Belgian constitutionalism (Belgian constitution of 1831 and the Prussian constitution of 1850) the constitutional and legal regulation of local government that could not be in autocratic Russia will be demanded. In the Prussian municipal legislation the principle of gratuitous, obligatory public service begins to be made out. While Gorodovoye the provision of 1846 (§ 49) "on the basis of the noble diploma" exempted the nobility from obligation of electoral city service.

In Russia the transfer of a part of the of function official - bureaucracy to the arising municipal public government was observed. The transitive character is also inherent in Prussian (German) model. In general development of the Russian institutes in this area was carried out in line with the all-European trends.

List of sources and literature

1. St. Petersburg City Council. 1846 — 1918/otv. edition V.A. Nardova, B.B. Dubentsov. SPb., 2005.
2. Pisarjkova JI. T. Moscow City Duma. 1863 — 1917 of M., 1998.
3. Kizevetter A.A. Gorodovoye Catherine's position II1785 of. Experience of the historical comment. M, 1909.
4. I.I. Tsityatin. Century of the St. Petersburg city society. SPb., 1885.
5. I.I. Tsityatin. Our city self-government//Dityatin I.I. Articles on stories of the Russian right. SPb., 1896.
6. Kosellek R. Preusen zwischen Reform und Revolution. Allgemeines Landrecht. Verwaltung und soziale Bewegung von 1791 bis 1848. Stuttgart, 1967.
7. I.I. Dityatin. City self-government in Russia. T. 2. City self-government till 1870. Yaroslavl, 1877.
8. Complete collection of laws of the Russian Empire. SPb., 1830. SOBR. I.
9. Die Preuflische Stadteordnung von 1808. Textausgabe mit Darstellung der Grundlagen und Entstehung der Stadteordnung/von Dr. jur. A. Krebsbach. Koln; Stuttgart, 1970.
10. Basdevant-Gaudemet B. La commission de decentralization de 1870. Paris, 1973.
11. & #34; Constitution de G An VIII" / / Richard G. Institutions politiques de la France de Louis XV a Valery Giscard d&Estang. Paris, 1979. P. 175 — 190.
12. Goljdin H. S.K of history of the mutual relations of the monarchy and zemstvo in Prussia in the XVII—XVIII centuries Kharkiv, 1914.
13. N. Turgenev. Baron von Matte / / N. Turgenev Russia and Russians / lane with fr. S.V. Zhitomirskoy; comment. A.R. Kurilkina. M, 2001.
14. V.Ya. Ulanov. The organization of management in the Russian areas occupied by the French / / Patriotic war of 1812 and the Russian society. M, 1911. T. 4.
15. N.R.K. Stein Briefe und amtliche Schriften/bearb. von W. Hubatch. Stuttgart, 1961. Bd. 3.
16. Conversations and private correspondence to a meyadd imp. Alexander I and prince Adam Chartorizhsky (1801 — 1823)/opubl. prince L. Chartorizhsky. M, 1912.
17. The plan of the state transformation of M.M. Speransky (Introduction to the code of the state laws of 1809). M, 1905.
18. Collection of Imperial Russian historical society. SPb., 1894. T. 90.
19. Lincoln W. Century of N. A. Milutin and the St. Petersburg Municipal Act of of 1846: A Study in Reform Under Nicholas I//Slavic Review. 1974. Vol. 33. No. 1.
20. OP RGV. T. 169 (D.A. Milyutin).
21. Complete collection of laws of the Russian Empire. SOBR. II.

About the author

T.A. Sviridova — an edging. east. sciences, dots., Kaluga state pedagogical university of K. Tsiolkovsky, tatianasviridova@hotmail.ru

Rossini Gaetana Cristina
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