The Science Work
History
Site is for sale: mail@thesciencework.com
Category: History

To a question of creation of the Kerch commercial court in the Taurian province



UDK [347.99:347.7] (09) (477.75) "1841"

T.V. Hutko's

To a question of creation of the Kerch commercial court in the Taurian province

In article on the basis of archival and other documentary sources is investigated by

a question of establishment of the Kerch commercial court in the Taurian province in the first half of the 19th century. The author considered process of formation of structure of court, material security of court employees, the competence of court defined for it taking into account features of the region is revealed.

of In the article the question of the establishment of the Kerch commercial court in Taurida in the first half of the XIX century is investigated on the basis of archival and other documentary sources. The author scrutinizes of the process of forming the composition of the court, material support of judicial officials, identifies the competence of the court, assigned to it in concordance with the local peculiarities of the region.

of Key words: Russian empire, Taurida, judicial system, judicial body, commercial court, Kerch.

Economic recovery and development of trade relations in the south of the Russian Empire in Novorossiya at the beginning of the 19th century were

the main reason for creation of commercial vessels in the Taurian province. Legal proceedings in commercial courts in comparison with the general vessels differed in use as a source of law, along with laws, trade customs which reacted to changes in business activity more quickly and promoted fast consideration of trade disputes, claims, the claims arising between merchants. The relevance of a subject is that the experience accumulated in activity of commercial vessels needs to be studied and applied in the conditions of reforming of the modern judicial system. The purpose of this article is study во© T.V. Hutko, 2013

of a millet about establishment of the Kerch commercial court in the Taurian province in 1841

Formation and development of commercial vessels in Russia in the 19th century was an object of research of both pre-revolutionary, and modern writers. The most significant works on this subject for the last decade it is necessary to call V.S. Balukh, A.V. Mikhin, I.V. researches Arkhipova1, S.F. Pivovarova2. Despite obvious advantages of works, the called authors, questions of creation of the Kerch commercial court in the Taurian province in 1841, its formation, staff, the main activities remain poorly studied and represent prospect for their scientific judgment on the basis of wide use of the archive material and a regulatory framework.

Originally commercial court in the Taurian province was founded in Feodosiya by the personalized decree of October 27, 1819 for No. 27 957 "on it precisely the basis what is founded in Odessa and Taganrog" 3. It should be noted that distinctive feature of commercial vessels was the fact that they received territorial competence therefore department of the Feodosiya commercial court extended only to the merchants trading in Feodosiya. The structure of the Feodosiya commercial court was formed according to the Charter of commercial court for Odessa as it was specified in the personalized decree of October 27, 1819 4 Court consisted of the chairman, four members, the prosecutor, the legal adviser, the translator Turkish and Greek yazykov5.

In 1821 the opening of port in Kerch took place, the Kerch-Enikolsky gradonachalstvo was created, construction quarantine konto1 V.S. Balukh began. History of commercial courts. A historical and legal research on the example of the Odessa commercial court (1808-1917). Odessa, 2006. 176 pages; A.V. Mikhin. Commercial judicial system of pre-revolutionary Russia (1800-1825)//Modern problems of the state and right: sb. nauch. tr. / under the editorship of V.M. Baranov, V.A. Tolstik, A.V. Nikitin. N. Novgorod: Nizhny Novgorod academician of the Ministry of Internal Affairs of the Russian Federation, 2005. Issue 8. Page 56-67; I.V. Arkhipov. Commercial judicial system and legal proceedings of Russia in the 19th century: Modernization problems. Saratov: Saratovsk publishing house. un-that, 1999. 216 pages

2 S.F. Pivovarov. Features of activity of the Kerch commercial court in the second half of the 19th century//the Interethnic and interfaith relations in the Crimea: problems and their decision: sb. nauch. station Simferopol: Thesis, 2009. Page 265-274; It. Staff of the Kerch commercial court in 1870-1890//Uchen. zap. Taurian national un-that of V.I. Vernadsky. It is gray.: Yurid. sciences. 2009. T. 22 (61), No. 2. Page 370-377.
3 Complete collection of laws of the Russian Empire. Meeting 1. (further: PSZ-1). SPb., 1830. T. XXXVI. No. 27957. Page 363.
4 In the same place.
5 PSZ-1. T. XXX. No. 22886. Page 115.

ry and customs. In this regard there was a need of establishment in Kerch of commercial court. With the Minister of Justice prince D.I. Lobanov-Rostovsky follows from correspondence of the Novorossiysk and Bessarabia governor general M.S. Vorontsov that the Kerch-Enikolsky city's mayor A.V. Bogdanovsky, since 1825, petitioned for need of opening in Kerch of commercial court like what exists in Odessa. For permission of the matter the Minister of Justice, in turn, addressed the Minister of Finance with the purpose to receive data on the scale of trade turnovers which are made in the Kerch port "that by establishment tamo commercial court which maintenance across Odessa is considerable, not to put to treasury of costs" 6. The Minister of Finance told in the answer to D.I. Lobanov-Rostovsky that in Kerch trade is very insignificant and from it came to treasury in 1823 - 1555 rubles, 1824 - 2719 rubles, 1825 - 5267 rubles 7 On the basis of the received resolution of the Minister of Finance D.I. Lobanov-Rostovsky considered himself has no right to petition for establishment in Kerch of commercial court on which maintenance it is required "more, than the treasury receives from local trade" 8. Nevertheless, the count M.S. Vorontsov on representation to it of the Kerch-Enikolsky city's mayor in May, 1826 petitioned before the Minister of Justice for permission to the Feodosiya commercial court to consider and judge "the litigatory affairs concerning before trade on the Kerch port" 9. M.S. Vorontsov considered valid that trading in Kerch "ways to trial of their mutual claims and claims" were provided and believed that granting this right to the Feodosiya commercial court is "the only means which it is possible to deliver trading in the Kerch port an opportunity in the lawsuits to resort to protection of laws" 10. The Minister of Justice presented on July 5, 1826 the offer to the Senate in which petitioned for an assignment to the Feodosiya commercial court to consider and judge on the basis of the Charter issued for commercial vessels, "the litigatory affairs concerning before trade of the Kerch port" 11. The emperor Nicholas I given po6 The state archive of the Autonomous Republic of Crimea (further: GAARK). T. 33. Op. 1. 502. L. 5.

7 In the same place.
8 In the same place.
9 In the same place. L. 2.
10 In the same place.
11 State archive of the Autonomous Republic of Crimea (further: GAARK). T. 33. Op. 1. 502. L. 6.
the lozheniye was approved by

on August 3, 1826 for No. 50212. Thus, establishment in Kerch of commercial court was temporarily postponed, and department of the Feodosiya commercial court extended also to the merchants trading in the Kerch port.

the Feodosiya port and customs at it became more and more minor, in comparison with the developing trade in the Kerch port. In 1829 it was liquidated Feodosiya gradonachalstvo13. On March 19, 1841 there was a decree on transfer of the Feodosiya commercial court to Kerch and situation about Kerch commercial sude14 is approved.

the Kerch commercial court was established by

According to situation on the basis of the general rules, but "with those local devices which are defined by the present provision" 15. First of all it should be noted that the territory not only the city of Kerch, but also all Crimean peninsula and the city of Berdyanska16 belonged to department of this court. In court, trade disputes of the merchants which are constantly living in the cities of the Crimean peninsula and the city of Berdyansk were considered and also it was specified that one and all nonresident dealers are subject to department of court if the condition according to which affairs have to "understand in case of disputes Kerch" 17 was provided in contracts.

it was specified In Paragraph 7 of the provision on the Kerch commercial court by p that members from the former Feodosiya commercial court could be a part of this court. It should be noted that according to the proposal of the Kerch-Enikolsky city's mayor prince Z.S. Herkheulidzev practically all officials serving in the Feodosiya commercial court expressed the consent to pass into Kerch commercial sud18. However the structure of the Kerch commercial court, its formation and material security of court employees considerably differed from Feodosiya commercial suda19.

12 Complete collection of laws. Meeting 2. (further: PSZ-2). SPb., 1830. T. I. No. 505.

of Page 828.

13 Administrative-territorial transformations in the Crimea. 1783-1998: sprav. Simferopol, 1999. Page 8.
14 PSZ-2. T. XVI. No. 14378. Page 196-198.
15 In the same place. Page 196.
16 In the same place. Page 197.
17 In the same place.
18 GAARK. T. 26. Op. 1. 12322. L. 1-4.
19 PSZ-1. T. HYU. Part 2. Page 113; PSZ-2. T. XVI. Office 2. Page 42.
89

the Comparative table of states of the Feodosiya and Kerch commercial courts

the Rank of ranks The Feodosiya commercial court (number of people) An annual salary on one (in rubles) The Kerch commercial court (number of people) An annual salary on one (in rubles silver)

a salary table and room

the Chairman 1 2000 1 1143 714

Members from the government 2 1000 1 837 400

the Prosecutor 1 1000 1 300

the Legal adviser 1 750

the Jury police officer - - 1 250 200

the Translator 1 600 - - The secretary - - 1 333 228

Assistants to the secretary, including and the translator - - 4 1000 300

the Salary to office attendants, on hiring and the maintenance of the house and on office expenses 5000 1000 300

800 Watchmen - - 2 160

Members from merchants 2 - 3 - Candidates of merchants - - 3 - Total 9 11350 16 5543 2442

Unlike Feodosiya, the Kerch commercial court consisted of the chairman and one senior member from officials. Candidates for these positions were elected by merchants of the cities of the Crimean peninsula and city of Berdyansk and were presented by the Kerch-Enikolsky city's mayor to the local governor general, and from it to the Minister of Justice.

the Chairman had to consist in a rank not below the 7th class, the senior member of the court - 8 klassa20. The chairman and the senior member of the court were appointed and left decrees of the Senate on representation of the Minister of Justice. In case of absence of such candidates the officials were appointed from the government. Members from merchants were elected at the same meetings where they elected also the chairman, but they were approved on representation of the city's mayor by the governor general for a period of two goda21. In the Kerch commercial court as it is visible from the tab., three members from merchants and three candidates who, in case of absence of members from merchants for the lawful reasons, took the place in sude22 were elected. In our opinion, such structure from elective merchants was provided taking into account possible absence of merchants in court sessions because of occupation by their commercial affairs as the salary on the state was not supposed it. The secretary, his assistants whom the recorder and the translator were among and also the jury police officer were confirmed to the post and left the city's mayor on representation suda23. In 1851 on representation of the Minister of Justice changes were made to formation of structure of the Kerch commercial court. On the basis of the situation of January 1, 1851 approved by the emperor Nicholas I., the merchants of the cities of the Crimean peninsula and city of Berdyansk were granted the right to elect to a position of the chairman and senior member of this court is not termless as was earlier, and on four goda24. The elected candidates were submitted to the Minister of Justice for approval by the Senate.

Situation of March 19, 1841 determined by

competence of the Kerch commercial court taking into account local osobennostey25. The court had the right to make serf acts for the unlimited sum on sale of manors, except the villages which are in the cities of the Crimean peninsula and the city of Berdyansk, to grant estimated certificates on houses and other property for representation them as a deposit to credit institutions. The court could also make any transactions in the unlimited sum on immovable manors what were made in the Taurian chamber of civil court and in case the person who gives property or gets, not

20 See: PSZ-2. T. XVI. No. 14378. Page 196.
21 In the same place. Page 196-197.
22 In the same place.
23 In the same place. Page 197.
24 PSZ - 2. T. XXVI. Office 1. No. 24786. Page 3-4.
25 See: PSZ-2. T. XVI. No. 14378.
belonged to

to trade sosloviyu26. Affairs on debts insolvent kuptsov27 understood court.

Was established by

that this court solved finally and without appeal all affairs on which the original action did not exceed 1428 rubles 50 to. 28

In the Kerch commercial court from the public bargaining or by a court decision, or by definition of other offices the immovable manors consisting in the cities of the Crimean peninsula and the city of Berdyansk and also the seaworthy vessels which are in ports Crimean poluostrova29 were sold by

According to situation the activity of brokers, notaries, sorters and auctioneers in the cities of the Crimean peninsula and the city of Berdyansk was subject to supervision of court which both defined, and fired them from dolzh-nosti30. For record of the made acts the court with appropriate instructions supplied the specified officials with shnurovy books which after a year were provided back in court on reviziyu31. All acts made by brokers for sale of the ships and other seaworthy vessels were without fail approved by commercial court. The court collected duties according to the conclusion of serf acts and directed them in favor of the Taurian order public prizreniya32. The money received in arrival of court was stored by a prikhodoraskhodchik in a state chest until further notice suda33. The court had the right for the omissions and disorders made by brokers, notaries, sorters and auctioneers to take out personal collectings and a reprimand, to establish penalties or even to discharge of a position and to prosecute from consent gradonachalnika34.

Situation of March 19, 1841 defined that all sentences and the judgments were transferred according to the instruction for execution in politsiyu35.

In all objects which are not relating to trade, office-work was in the Kerch commercial court under observation prokurora36.

26 See: PSZ-2. T. XVI. No. 14378. Page 197.
27 GAARK F. 22, Op. 1. 1. L. 97.
28 See: PSZ-2. T. XVI. No. 14378.
29 See: PSZ-2. T. XVI. No. 14378.
30 In the same place. Page 198.
31 GAARK F. 22, Op. 1. 1. L. 14, 16, 22, 39.
32 In the same place. L. 19.
33 In the same place. L. 17.
34 See: PSZ-2. T. XVI. No. 14378. Page 198.
35 In the same place. Page 198; GAARK F. 22, Op. 1. 1. L. 97.
36 See: PSZ-2. T. XVI. No. 14378. Page 198.
92

On the basis of the above, we come to a conclusion that with growth of trade relations on the Kerch port the provision on establishment of the Kerch commercial court which in the accelerated order could review the arising trade disputes, the mutual complaints of local merchants and nonresident merchants was approved on March 19, 1841. The territory not only the city of Kerch, but also all Crimean peninsula and the city of Berdyansk belonged to department of this court. The following was local features which were considered when determining competence of court: hearing of cases about sale of all manors, except villages, and implementation of various acts which were considered also in Chamber of civil court; supervision of activity of brokers, sorters, notaries and auctioneers.

russian empire taurian province judicial system judicial authority commercial court kerch russian empire taurida judicial system judicial body
Aune Esther
Other scientific works: