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Legislative providing and control system of the railroads in XIX in



yu. A. Todua *

Legislative providing and a control system of the railroads in the 19th century

Railway transport is the main, and quite often only type of transport making mass transportation of goods and passengers practically at any climatic conditions. Both in the state, and at other forms of the organization of society the large role is played by a control system of transport.

the Structure of management of the domestic railroads developed from the moment of construction of the first lines and mattered for successful development of railway transport in Russia. On the Russian roads one control system which characteristic features are strong centralization on all questions and existence of independent services on the line was used generally.

at the beginning of the 19th century in the ways and roads of Russia the Management of water and overland messages created under the decree of the emperor Paul I of February 28, 1798 as Department of water communications received the status managed and the name of management in 1809 Intended it for maintaining and management only of waterways. In 1809 the emperor Alexander reorganized department, at management the Council of Management and Corps of engineers were founded. All means of communication were divided into 10 districts, at the executive director expeditions of water and overland messages and trade ports were created.

B Management of water and overland messages was renamed 1833 into Head department means of communication and public buildings. Glavnoupravlyayushchim was appointed the count K.F. Tol.

In the initial charter (1836 d). The Tsarskoye Selo road which was

the property of joint-stock company, no instruction relatively

* the Graduate student of department of the theory of the state and the right of the Rostov transport university contained.

1 The railroads of Russia from reform to reform. M, 2001. Page 17.

of government supervision of it as there is also no word about that establishment which is called management of the road now.

As in the years of Nicholas I's reign all railroads, except for Tsarskoye Selo, were under construction at the expense of treasury, experience of management of the state roads which are already constructed and entered service was other. So, started development of provision on management of operation of future Sankt-Peterburgo-Moskovskoy Road even during construction. For this purpose in 1842 - 1844 four officials Arapetov, Rauch, Wagner and Zhlobitsky were sent to Germany, Austria, Belgium and France for the purpose of studying methods of management and operation of the railroads. Almost four years' studying the foreign administrative device, materials them the brought distances the firm soil for development of Ustava road.2

As arose offers on construction of new roads, there was a need to create "Select committee for consideration of offers on constructions of the railroads" which about 1856 was renamed into the Main committee of the railroads.

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11 founded August, 1842 the Department of the railroads consisting of the director, the vice-director, office, artificial, economic and calculating offices.

over time the function which is carried out by Department of the railroads on supervision of private roads was fixed by normative documents. The first normative legal document governing legal relations on railway was included in Section III "About overland messages" in Chapter 3 "About the Railroads". The charter about railway transport this document in principle was not. Legal relations on the Nikolaev railroad opened in 1837 (Tsarskoye Selo) were a subject of regulation of the first normative legal act. The main part of the document was subdivided into "offices". Each office had the name, office first was called" "Provisions an obshchiya" 3. Office second - "About management of the Nikolaev railroad", office third - "About supervision of the private railroads". As the Charter of the first Nikolayevskaya Road was included in the general Charter of means of communication, an introductory part in it is absent. The first acts on railway transport of a preamble did not contain. Articles in this law are numbered not at first. After

2 G.M. Afonina. Structure of management of the railroads//Railway transport. 2001. Page 75.
3 Charter of means of communication//Collection of the legislation of 1857. Of XII. Part 1. Notebook 1. Page 109.
to

of each article wrote dates of publication of the highest decrees and provisions regulating this article. For example, Article 575: "The railroads are arranged either from treasury, or on dependence chastnykh lits and obshchestv" Cf. 1844 March. 23(17761); 1847(21332); 1851 Aug. 6 (25471); Noyabr.23 (25765); 1857 Jan. 26.4

Language of writing is simple, clear, exact

>, but there is no logical sequence and officiality. There are no definitions and presumptions. In some articles points are used, a specific place is held by notes. Generally precepts of law have starting character. On categoriality of the instruction - imperative, binding.

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So, the Charter of the Tsarskoye Selo railroad of 1852 entered a position of the managing director of the road appointed by the government: & #34; For providing... rather correct and safe movement by rail, and it is equal for management of a technical part and direct management of everything that belongs to an order and deanery, the special managing director is appointed by the government. The managing director in the general actions and orders for management of the road confers with board. No resolution by a technical part and on the movement of the railroad can be put in action without the knowledge of the managing director... In cases, being urgent, the managing director has the right to solve immediately, notifying on that правление".5 In difference from our time the managing director had an assistant one.

At the same time, in cases when proposals of the managing director met disapproval or objections of board, the managing director & #34; it was exempted from everyone in this subject ответственности". Therefore, the last and decisive word, even by a technical part, remained behind board of the road, i.e. finally for her owners.

the Way of supervision of the private road applied on the Tsarskoye Selo railroad did not become

a prototype for other private roads. And in 20 years there was an imperative need in standardization of the normative documents defining a supervision order.

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In 1857 issued in a legislative order the provision on inspectors on private roads. The power observant and precautionary, but not administrative as orders and actions have to depend only on Upravleniya Road was provided to the inspectors subordinated to Department of the railroads according to this situation.

4 In the same place.

Charter of means of communication//Collection of the legislation of 1857. Of XII. Part 1. Notebook 1.

are listed to

of the Duty of the inspector in situation with exhaustive completeness. There were no questions on the road which would be solved without the knowledge of the inspector. So, he had to watch not only that orders of board of the road did not depart from the charter and governmental decrees, but also all of other compliances to the established rules and standards. Durability of the road and road constructions, the maintenance of the road to serviceability, purity and a convenient look for the unceasing movement, reliability of staff, supervision of traffic safety, timeliness and quality of track repair and the rolling stock, the maintenance of stations in serviceability and purity, durability and reliability of the rolling stock, conducting accounting of a run, compliance of number of engines and cars of requirement of the movement, distribution and departure of trains, speed of trains in legal limits, lack of any stops, presence of duty regulations at employees, timeliness of delivery of a salary, correctness of loading, transportation of goods and a collectable payment were subject to its control.

of the Order of board, affecting safety and convenience of the movement, could not be carried out without the consent of the inspector. From the provided list of duties of the inspector it is visible that to his supervision it was subordinated technical, administrative and partly the economic party put, i.e. operation in all its volume. The inspector not only watched regularity of actions of board and management, on had the right to enter and in essence activity of these institutions.

However in spite of the fact that the inspector was a government official and earned a salary from treasury, the board of society could charge to the inspector management of the road and to appoint to it extra fee, & #34; if on that desire правления" follows; and consent glavnoupravlyayushchy means of communication. This circumstance did inspectors in the material relation very dependent on good attitude to it from board.

Management of the road on all questions of its maintenance and movement concentrated in hands of the chief of the road. At the chief of the road the office was formed of three tables running business: 1) on staff and economy of the road (shots, supervision of execution of instructions, orders on road economy); 2) consideration of plans, drawings of the road and its constructions, verification of projects and estimates for all works; 3) control on transportation and the reporting under all sums coming to management of the road.

the Personnel of the road were divided

into structure: road (chiefs of offices, distances, road guards, workmen and workers), station (chiefs of stations, cashiers,

station team), mobile (drivers, conductors) and telegraphic (signalmen).

were established by

of the Duty of chiefs of offices (in the beginning there were eight offices, in several years their quantity is reduced to five) how at the chief of the road, but within the office entrusted to them are expensive.

the Provision on management of the road existed almost unchanged till 1858, before crossing of the road to the Main society of Russian Railways. 6

the main committee of the railroads was abolished by

In 1858. However the same year again approved committee of the railroads for preliminary discussion of the main actions for the private railroads which structure was approved by the emperor. Establishment of a position of the Chief inspector of the private railroads (1858) under which supervision the inspectors of private roads exercising supervision of actions of boards of the private railway companies were was the event following on time. A main goal of introduction of this position — establishment of the state control of order, durability, correctness and safety of the private railroads and behind their possible development according to plans of the government.

on June 15, 1865 the Emperor Alexander II issued the Decree on establishment of Ministry of Railways of Russia. The management of public buildings was transferred to the jurisdiction of the Ministry of Internal Affairs, and telegraph - to the Main post department. In Ministry of Railways the Department of the railroads was kept, and Management of the Chief inspector of the private railroads is created. And though powers of department were not expanded, the content of its activity cardinally changed. The first Minister of Railways appointed Items. Melnikov. According to the proposal of the minister the structure of the device was transformed: Council of the ministry as a part of 6 people, the scientific committee, the headquarters of the Case of ways of messages with its institutions and also departments are created: overland messages, water messages, the railroads and reports.7 the Purpose of such reorganization was in that each case was from beginning to end processed in one department.

Despite extensive and fast development of network of railway lines, Russia by 1875, had no special railway legislation which would define the relations of the railroads as to users, and among themselves. However, in 1870 the draft of the Provision on operation & #34 was developed by the government; паровозных" it is expensive; but

6 A historical essay of development of the railroads in Russia from their basis on 1897 inclusive. SPb., 1899. Issue 2. Page 13.

despite repeated discussion in the government commissions and at the general congresses of the railroads it within 5 years did not receive legislative approval.

the Description of this problem A.I. Chuprov — one of founders of the Russian railway economic science — gives to

a clear idea as the fundamental foundation of a regulation of the relations of the railroads and users were laid.

& #34; The Relations arising between the railroads and passengers on their complexity and variety difficult keep within a formal framework of the general civil code. The railroad daily should make thousands of transactions and to besides make them on the specifications of transportation with extreme speed, so to speak, on the fly. It is clear, that when in half an hour it is necessary to give several hundreds of passenger tickets or to accept several thousands of poods of luggage, there is no opportunity to arrange each transaction with those formalities with which in other spheres of legal life the law protects the interests of contracting parties. At impossibility to sign with everyone using expensive special contract as necessary it is necessary to resort to the general rules, time forever establishing the rights and obligations of both parties. But how soon such rules are dictated by one railroad, it is difficult to expect in them full impartiality. The railroad in the area uses ordinary unconditional monopoly of transportation and therefore has an opportunity to force public to obey to each its instruction. If to take into account that safety and life of the whole millions of passengers are entrusted to the railroads that, on the other hand, in their hands there is a fate of a bigger share of property exchange of the country, then it is necessary to be surprised how so essential interests do still without legislative regulation.

This gap in the law which is felt by public for a long time is realized recently also by railway managements. Present (1875), judgments which deny legal obligation of railway rules how soon the last are contrary to the general civil laws".8

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the Ministry were two important concentrated the attention on practical implementation of the construction plan of network of the railroads and also on creation domestic parovozo- and car building and rail-rolling production without what realization of a plan of development

7 G.M. Fadeyev, S.V. Amelin, F.K. Berngard. History of railway transport of Russia. T. 1. 1836 - 1917 of SPb.; M, 1997. Page 93.
8 A.I. Chuprov. From the past of the Russian railroads. M, 1909. it was not presented by

of railway transport to p possible. Questions of regulation of operation of the railroads were concentrated in hands of the chief inspector of the private railroads and inspectors of operation of the government railroads.

the Position of the last was established by

for introduction of monotony and correctness to operation of the operating and again opened government railroads. The power of the inspector was not administrative. He monitored execution by boards of all ministerial orders, the maintenance of the rolling stock orderly, behind thrift in consumption of fuel, correctness and traffic safety.

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In August, 1882 for consideration of the State Council submitted the draft of the General charter of Russian Railways. The charter was accepted and approved by the emperor Alexander III in 1885.

In 50 years of functioning of the railroads the certain control system divided into local and central developed. As wrote S.Yu. Witte, "the local management which was directly managing the road was placed ordinary in the largest of those points through which the road ran" 9. Management of the road, in all its volume, was entrusted to one person — the managing director of the road (on state roads he is called the chief of the road), who was responsible for management of activity of the road.

For management of the main elements of the road - way, the rolling stock and order of the movement, three main departments of management which it is accepted to call services were available, namely: 1) repair service of a way and buildings, 2) service of draft and rolling stock and 3) department of traffic and telegraph.

the road is also divided by

concerning the movement into sites at the head of which there are chiefs of offices on the movement. The main task of this service, except observation of order of the movement, is in that the cash rolling stock was distributed on stations, whenever possible in proportion to requirements of the movement and, thus, was most utilized.

Krom of these services, management of the road consists of a number of minor departments which it is accepted to call parts:

9 S.Yu. Witte. The abstract of lectures about national and state farm, chitanny to its imperial highness to the Grand Duke Mikhail Aleksandrovich in 1900 - 1902 SPb., 1912. Page 18.

>- economic or the equipment manages acquisition of all materials required for the road, delivery of these materials according to requirements of separate services and storage of all in general road stocks;

>- the commercial part has the task studying the area of the road economically for the purpose of perhaps best satisfaction of local requirements (designing of new tariffs, improvement of conditions of transportation, etc.);

>- a bookkeeping part or the main accounts department manages all bookkeeping of the road, i.e., on the one hand, - maintaining balance of the road, and with another, - accounting of expenses of all services and parts for drawing up the annual report and the estimate for future operational period;

>- a part of control of collecting is engaged in the account of income of the road, mainly, in check of cashiers and commodity taksirovshchik;

>- a medical part to which observation of a condition of all buildings in the sanitary relation and gratuitous treatment of sick employees of the road is assigned;

>- a yuriskonsultsky part draws the conclusion on all claim made to the road and runs litigatory business of the road in judicial places.

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Central office - the so-called board or council of management for convenience of communication with government agencies is located ordinary in the capital. The board possesses the general leadership in all actions of local management, appointment of the highest employees, the approval of instructions and regulations of all services and parts of management, consideration of projects of construction works, the adoption of contracts and calculations with other roads and with suppliers and contractors of the road, submission of estimates, reports and reports.

the central and local institutions of Ministry of Railways were substantially reformed by

during 1888 - 1894. Cardinally the principles of management of economy of the railroads with arrival to Ministry of Railways and works in it at first at a position of the director of the department of finance (since 1889), and then and the minister (in 1892) Sergey Yulyevich Witte changed.

S.Yu.

>. Witte even during activity on a post of the chief of the Southwest railroads came to a conclusion that the perversity of tariffs is the main reason for financial deficiency for the private railroads, and suggested to put tariff business under control of the state. Other reason of deficiency of Witte considered the fact that roads were constructed for political and strategic reasons, but not by commercial and economic calculations.

of its offer coincided with the emperor's wishes, and in November, 1888 the tariff case was submitted to the Ministry of Finance. The last also began to carry out financing and to approve the estimate of construction of new roads. Functions of financial control, verification of the railway reporting, maintaining balance of income and expenses on the state railroads passed to the State control.

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at the same time abolished technical department of council of the ministry, and administrative was renamed into council of the ministry. For development and discussion of technical questions of a general meaning and consideration of projects, estimates and specifications of the most important constructions engineering council was founded. The Ministry of Finance and the state controller was granted the right to appoint in engineering council of the representatives for participation in discussion of the considered estimates and specifications of the constructions demanding for the implementation of considerable funds from the state treasury and also questions having special financial value.

the Following not less successful reform of Witte. For this purpose the rights of public service were appropriated to managing directors of private roads, and they began to be considered appointed by the government from among the roads of candidates represented by boards.

Along with abolition of local inspection approved by the emperor the provision on inspection of the railroads. Observation of working order of the railroads, exact and steady execution by boards and managements of the railroads of laws, rules, provisions, instructions and orders was assigned to inspections.

of Inspection consisted of the chief inspector subordinated directly to the Minister of Railways and the inspectors who were at the disposal of the chief inspector. The chief inspector presented to the minister of the conclusion about office qualities of persons on state and private roads, definition or the statement of which in a position depended on the minister. The chief inspector could demand from boards and managements of dismissal of unsuitable employees.

About all noticed derogations from laws and rules of the inspector was reported to managements and chiefs of roads and demanded from them immediate elimination of the revealed shortcomings, and reported on the made orders to the chief inspector. The last, in case of further non-execution of requirements, brought guilty persons to judicial responsibility.

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In 1893, in connection with the being coming transition to treasury of roads of the Main society of Russian Railways by the Minister of Railways A.K. Krivoshein began development of the project of reorganization of the ministry for what the special commission under the chairmanship of companion (deputy) minister general N.P. Petrov is appointed.

as the central establishment knowing the railroads the special management of the railroads consisting of three departments was offered to create

>; projects, estimates and reports; operational; farms of the state railroads.

Transformation of Ministry of Railways of 1899 concerned all parties of railway establishments: inspection, central office and local

of managements. The inspectorate as it was told above, received the organization in 1892 on the project of the Minister of Railways Witte. Law of May 3, 1899., approved provisional regulations for the ministry, instead of the main inspection entered only a position of the chief inspector who did not have initiative rights, equally not having at the order neither means, nor people for full execution of inspection duties.

All history of railway transport is story of constant improvement, change and transformation. Improvement of the organization of management of the railroads is infinite and demands constant control. On the one hand, we see the structure of legal regulation deprived of flexibility and an opportunity to adapt to the changing external conditions, on the other hand it free and in the development is limited to nothing. The most sensitive issue of the private capital and state is not solved still. Issues of relationship of the state which was the owner of the state railroads, and the companies - owners of private roads, questions of the competition of roads of property of a different type, the central and local office existed throughout all history of formation of the railroad of Russia. Let's notice that the first Russian road in 1837 was financed by specially educated joint-stock company. Thus, reforming of the railway industry since 2001 led us to sources of formation of this structure. A circle of the questions entering competence of heads of the separate industries and the number of the industries changed and sometimes it is very considerable, but generally after all the control system of the railroads accepted by the Main society of Russian Railways remained.

Thus, drawing an analogy to a form of the organization of legal regulation of railway transport now, it is possible to draw a conclusion that later

of 170 years, we practically returned to the same system of relations management which arose in 1837.

legislation railroads s.yu. witte s. v. vitte legislation railways
Paul Amos Beverly
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