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P.N. Milyukov about a role and value of representative bodies of the power



 © 2005 of A.Yu. Lukyanov

P.N. Milyukov ABOUT the ROLE AND VALUE of REPRESENTATIVE BODIES of the POWER

In the liberal option of modernization of a system of the political power the important place was allocated for representative bodies of the power. In the European liberalism they were considered as a core in the system of the government. Russia owing to features of development and first of all thanks to the prevailing role of the state perceived the idea of parliamentarism hardly.

Meanwhile in historical tradition of Russia there were also attempts of restriction of the power with creation of representative bodies, and theoretical justification of such prospect and at earlier stages of statehood. And preparation of reforms of the 60th of H1H of century turned to this idea of many representatives of a radical range of social movement. Numerous projects of restriction of autocracy by formation of various forms of representative bodies are known. Liberals take a special position in this situation. B.N. Chicherin and K.D. Kavelin were their leading ideologists and theorists.

The idea of creation of representative body of the power found reflection in expectations of zemtsev-constitutionalists. As for neoliberals, they put forward a slogan: "Down with autocracy!", meaning by it restriction of the power of the Russian autocrats. At the beginning of the 20th century at congresses of zemtsev-constitutionalists the idea of creation of legislative representative body was put forward.

Thus, at the beginning of the 20th century the public opinion resolutely declared the position. However the autocracy made an overdue and insincere concession. The survived noble and military and monarchic - the German option was imitated only. So there were the State Duma and April basic laws of 1906. But they could not satisfy the people any more.

Milyukov characterizes the beginning of the 20th century as the moment of "deep meaning", "great value". Society demanded serious political reform [1, page 26]. According to Milyukov, have to be the main directions of this reform: convocation of the constituent assembly; development of the basic law about national representation; definition of tasks which solution is necessary to representative body.

These ideas were stated by Milyukov in the From the Russian Constitutionalists program [1, page 25-38] published in the first issue of the magazine "Osvobozhdeniye". Let's look how the idea of creation of national representation was formulated.

Milyukov saw the predecessor of national representation in an image of zemstvo. "The historical role of the first organized representative of the Russian public opinion actually falls to lot of zemstvo, and territorial people are obliged to make everything from them

dependent to use all advantages of the actual position and to execute the responsible role as it is possible better, - and to execute it so that for a minute not to lose the moral right for the valid representation of public opinion" [1, page 26]. Thus, he lays hopes on zemstvo that it also in the future will be the representative of public opinion. Let's stop in more detail on this story and we will address Milyukov's work "The Russian crisis" published abroad.

Milyukov writes that zemstvoes were constitutionally weak in the solution of the tasks. They were not given total freedom, and they had no possibility of direct communication with the population which representative of interests it was.

Among shortcomings Milyukov notes also what did not exist below district zemstvoes neither commissioners, nor administrators who could entrust execution of decisions of zemstvoes. On the other hand, being engaged in local affairs, they completely did not depend on civil officials. "Thus, using the following expression, the new institute of zemstvoes had no base and fluctuated in air". It had no and "roofs" [2, page 213]. In this case it is about the central political representative office which had to "top work" zemstvoes.

Thus, the idea of political representation was widespread during an era of creation of zemstvoes. They did not equal hopes of the advanced part of society that will take an initiative to assert the right for carrying out political reform. After several shy attempts to formulate the political requests, and having criticized the governments, they kept silence within 10 years. And under the provision of 1890, the elected representatives were transferred to public service. So the government assimilated electorate of local government in government institutes.

Awakening of zemstvo was connected with Alexander III's death in 1894. There was a hope to address to the new tsar old requests. But these addresses were modest, and their contents strongly moderate. Illusion of restriction of autocracy could not be realized. It became clear after the known speech of Nicholas II on January 17, 1895

However, rejecting the liberal ideas including the idea of creation of political representation, the government missed a possibility of a peaceful solution and patronized increase of revolutionary movement. The State Duma and April basic laws of 1906 could not satisfy the people. Within the next ten years the fight against false constitutionalism of the tsar and the queen, still hoping that autocratic "the sun the truths" will begin to shine as in old time continued.

Returning to the analysis of article "From Russians a game -

stitutsionalist", it should be noted that besides the general moments in it the draft of the political program is offered. It is considered as the first experience of the platform on which there can be the Russian Constitution Party.

The central requirement, but not only necessary in the constitutional program - "classless national representation in the permanent and annually convoked Supreme institution with the rights of the highest control, the legislation and approval of the budget" [1, page 31]. However no representation can be recognized expressing a thought and will of the country if there are no so-called "basic rights". Therefore the first point makes demands of personal liberty and equality of all before the law. These prerequisites are followed by need of recognition of elementary conditions of a free political thought and criticism.

More detailed discussion of nature of representation, its relation to a prerogative, to voters and the ministry had to serve as a subject of special discussion. As the author of this document, "considered... here we should agree, first of all, about the first step, i.e. about how to create the body to which development of the basic law could be charged" [1, page 32]. Development of the basic law about national representation is already the second step.

In detail considering process of creation of such constituent body, Milyukov makes the following observation: "Role of the establishment. in essence to the will be short and temporary. At all importance of the questions which are subject to its decision, nevertheless these questions concern a form, but not material of the legislation. The most difficult and responsible question on which it should answer, eat a question of suffrage." [1, page 36-37]. Thus, its task has to be limited to development of the charter, electoral law and the constitutional guarantees.

Elimination from the Russian political life of all that would contradict the stated principles has to become the first step to reform.

Further the ideas about national representation gained the development and were gradually complemented with new provisions. Let's look how it occurred.

On August 1, 1904 in Osvobozhdeniye magazine No. 52 Milyukov emphasized conditions of the program with which the new Minister of Internal Affairs has to be in front of Russia. He laid down the following conditions of the program which could satisfy public opinion: "1) national representation, not limited & #34; a consultative role by preliminary preparation законопроектов" and & #34; invested by legislature with the right of consideration бюджета" and 2) created & #34; by direct elections населением" but not in a look & #34; representations from учреждений" [3, page 205]. Thus, the national representation has to have legislative character. It has something in common with the ideas stated by Milyukov in article "From Russians

constitutionalists".

More fully Milyukov could be given to transformation of the idea of national representation into life only in 1905 when returned to Russia. In Moscow he took part in the commission of the Russian lawyers. The fact is that after failure to create "party" within the Union of release, zemtsy-constitutionalists started creation of own party. They wanted to fill gaps which existed in its program. This separate work was also found by Milyukov in Moscow and willingly it joined.

"I got acquainted here for the first time with F.F. Kokoshkin, P.I. Novgorodtsev, etc. - and at once entered polemics - on a question of a bicameral or unicameral system. I saw conservative ulterior motive in a bicameral system - to limit the people to representation of a class. Bulgaria taught me to advantages of one chamber" [3, page 229].

At the end of April, 1905 in Moscow the all-territorial congress took place. It had to sum up the results of all that was reached by semi-annual evolution of public opinion. Milyukov did not take direct part in work of this congress, but it supported decisions of a congress, and we on the basis of it can look, changed or not his views on the problem interesting us.

He noted those moments which mattered for it in "Memoirs". ". Influence of osvobozhdenets won. The general right was accepted; two-sedate elections are rejected. However, the upper house is accepted - from representatives of zemstvoes, after their transformation. But for the Constituent assembly covered here under expression & #34; the first representative собрание" one lower house is accepted, and by its task it is decided & #34; not so much the legislation on private questions, how many establishment state правопорядка". Then this formula will become even more certain: & #34; not the organic legislation, but development of basic laws and конституции"" [3, page 232]. Thus, according to Milyukov, the new political policy was taken.

In realization of national representation the huge value dealt the edition the government of the Law on the State Duma of August 6, 1905 Milyukov spoke against boycott of the Bulyginsky thought. He noted that ". how the Duma was imperfect, it is the new arena where the open parliamentary fight peculiar to our direction has to be postponed". Milyukov was arrested for these articles and spent in prison the whole month.

The all-territorial and city congress, the last before formation of party took place on September 12 - 15. Milyukov's role grew and became formally responsible. Business is in how he notes in "Memoirs" that "along with professor M.M. Kowalewski I was elected in members of organizational bureau of a congress" [3, page 253].

The organizational bureau stated above developed the draft of program documents. Also the question national predstavitelst-

by

va was not ignored. In the political program all second section was devoted to it. According to the project, supreme authority divides the right to issue laws with national representatives who are elected by the general, direct, equal and closed giving of voices. Besides, ". .dlya establishments of the law the decision of a meeting of national representatives approved by the emperor is necessary. Any act which is not based on the resolution of national representation, kind of it neither was called and from whom nor proceeded, cannot be valid the law... Ministers are responsible before a meeting of national representatives who have the right of inquiry and an interpellation" [4, page 417-418]. It should be noted that it was also a step forward in clarification of value and a role of representative bodies of the power. Formulations get more accurate outlines.

In operating time of the first constituent congress of cadets (on October 12 - 18, 1905) the government published by everything the known Manifesto on October 17, 1905 Milyukov gives the assessment to this document and writes that "distemper" will stop only when "... all preliminary measures for introduction of the correct national representation will be quickly and are carried resolutely out as the extraordinary legislation when the true representatives of the people are called and when the people itself charge business of the reform to people to whom he trusts" [5, page 97]. Thus, it is possible to conclude that in the developed fall of 1905 historical situation, Milyukov assigns to national representation a part of an uspokoitel of society. He also emphasized that the solution of legislative tasks has to be assigned to body of national representation. Economic, financial, cultural and educational, administrative reforms, the working legislation and an agrarian question, decentralization and reorganization of local government - here a range of questions which were put forward by the Russian life and made inexhaustible material for future legislative activity of representative body.

However development of basic laws was one of the main tasks of the Constituent assembly. In this regard Milyukov asks: ". whether it is better, without subjecting Russia to further accidents and accidents, inevitable if it is necessary to turn in the extra lawful way future Duma in & #34; preliminary парламент" for preparation of the Constituent assembly, - whether it is better, I repeat, at once to call this Constituent assembly for development of the basic law" [5, page 95].

Under the influence of the moods connected with the Manifesto on October 17, 1905 passed also the all-Russian congress of territorial and city figures on November 6 - 13, 1905 in Moscow. Milyukov took active part in preparation of decisions of a congress this time.

Estimating their value, Milyukov notes that "preliminary convocation of representation under the electoral law of Kryzhanovsky disappeared, but also the separate Constituent assembly disappeared, on the other hand. And the republican nature of decisions of this body for -

earlier it was denied by the requirement & #34; statements государя" for the constitutional act developed by it. Then purely constituent nature of the meeting convened on the basis of universal suffrage was eliminated with the decision to charge to it and & #34; establishment of the main beginnings of a land reform, and acceptance of necessary measures in the field of the worker законодательства". In other words, this meeting was entrusted also with what then was called & #34; organic работой". Changes as we see, were rather radical" [3, page 274-275].

As the October congress of constitutional democratic party was incomplete, and formation of party was not still finished. It was necessary to make still the final decisions on a number of questions. It was also necessary to eliminate ambiguity of formulations and from the program. The convened second congress had to cope with these tasks (on January 6 - 11, 1906). Milyukova it was entrusted to make, in consent with the Central committee, for a congress the tactical report.

As we saw, in November was decided that "constituent" work needs "the statement of the sovereign". Now the formula was developed further: "Russia has to be the constitutional and parliamentary monarchy. The structure of the state is defined by the basic law" [6, page 53]. Fight for the democratic republic by it it was finally deleted from problems of party.

"Constituent assembly" in November was replaced with "The Duma with constituent functions". Milyukov explained that "entering (optionally) the term of the Constituent assembly, we, in any case, did not think of the meeting provided with completeness of the sovereign power" [3, page 292]. Was eliminated with this interpretation, the amendment made at a January congress to return, instead of the Duma, to the requirement of convocation of the Constituent assembly. Milyukov said that "having refused to use the term & #34; Constituent собрание" in the selective manifesto, the party does not refuse it in principle. In the Manifesto each word has to be weighed, and the term & #34; Constituent собрание" used no comments, can excite misunderstanding therefore it is not included in the manifesto" [7, page 121].

Also what entered "constituent" activity of the Duma was defined. Here obligatory change of the electoral law and fixing with the law of the civil liberties promised in the Manifesto on October 17 belonged. The congress rejected "organic work". But it was forced to expand by a majority vote the program of the Duma classes, "except the electoral law, also on legislative actions, certainly, of urgent character, the countries, necessary for calm". Milyukov writes that "first of all, of course, the agrarian question for which only and there were to the Duma peasants was understood here. But also many other things could be understood" [3, page 293].

According to Milyukov, ". from among urgent tasks. the major. are: the valid carrying out in life of integrity of human beings and the private dwelling, freedom of press, the unions and meetings,

ensuring the right of nationalities to free cultural development, complete political amnesty, establishment of responsibility of officials for violation of the law in the general order of civil and criminal proceedings and ministerial responsibility before legislative assembly, appointment of the parliamentary ministry enjoying confidence of most the Duma." [7, page 78].

Speaking about need of participation in Duma elections, Milyukov emphasizes value of national representatives. It is that, leaning on them, forces of opposition will be decupled. "Without them revolution proved to be senseless and unorganized and was exhausted in separate attempts. Without them it was similar to a creeping plant which had no place to take root and there is nothing to lean to rise up. Its progress was like wildfire which creeps away uncontrollably, but reserves one ashes" [7, page 113].

The following milestone to which it is necessary to pay attention is an activity of the Progressive block. As Milyukov notes, the part of "the leader and the author of the block" was assigned to him and from it waited for the direction of policy of the block. Estimating its value, he writes that "the period of glorification and falling of active policy of the block belongs to a short interval between May and September, 1915: it is connected with preparation, activity and a delay of a long session of the Duma. But political consequences of further existence of the block affect further - up to a February revolution of 1917" [3, page 499].

Milyukov took part in drawing up the program of the Progressive block. As he notes, it managed to keep its contents in that look as he wanted. ". I personally insisted and insisted on acceptance of a formula on which the government, desirable for the block, had to provide & #34; the unification with the whole country and to use it доверием"" [8, page 29].

In the conditions of domination of the political moods promoting merging of the Duma, the program was submitted for joint discussion with members of the State Council. As a result it was accepted without significant changes.

Milyukov even during preparation of this document listed those reforms, "which needed to be entered immediately, contrary to the statement of I.L. Guo-remykina wishing to limit activity of the State Duma & #34; only the bills caused by requirements войны" in narrow sense" [8, page 29]. Thus, Milyukov considered that the Duma has to deal not only with issues of war. Its activity has to be significantly expanded.

In the text of the program it is noted that certain measures both as management, and as the legislation have to be taken for implementation of reasonable and consistent policy. We most of all are interested in the second aspect therefore we will dwell upon it.

In the program it is indicated on the need soglashe-

the niya of the government with legislative institutions is also given the list of actions. The fastest carrying out "belongs to their number. all bills having the next relation to national defense, supply of army, providing wounded, the device of a fate of refugees and other questions which are directly connected with war" [9, page 77] and also the extensive program of the legislative works directed to the organization of the country for assistance to a victory and to maintenance of inner world. In addition legislative institutions have the right for implementation of the legislative measures of internal character necessary for implementation of the planned program.

The culmination point in development of the idea of national representation can be considered 1917. Cadets believed that they more than ever approached convocation of the Constituent assembly. But history introduced the amendments, and in the country by the end of 1917 the political system having nothing in common with views of cadets was established.

After the events on February 27 it was necessary to accelerate final formation of the power. In the evening on March 1 in the connected meeting of interim committee of the Duma and provisional government representatives of executive committee of council of working deputies were. They suggested to discuss conditions on which they could give support to again formed government. Among all other points we find the following in the text accepted by delegates: "Immediate preparation for convocation on the basis of general, equal, direct and a ballot of the Constituent assembly which will establish the form of government and the constitution of the country." [8, page 46].

On March 2 Milyukov in the speech delivered by him about provisional government in Tauride Palace emphasized that: "a .ma we will not keep this power minute after the representatives who are freely elected by the people tell us that they want to see the people who were more deserving their trust on our places". So the idea of continuity of the power to the Constituent assembly was established. The ideal political system, according to Milyukov, is parliamentary and constitutional monarchy. But as soon as the lasting peace will be established, it is possible to start preparation of convocation of the Constituent assembly. Freely elected national representation will solve, "who expressed the general opinion of Russia, we or our opponents more true".

In the circumstances Milyukov still remained at positions of need of preservation of constitutional monarchy to the Constituent assembly. Reasoning the point of view, he said that "Provisional government one, without monarch, is & #34; fragile ладьей" which can sink in the ocean of national disorders, under these conditions the loss of any consciousness of statehood and full anarchy can threaten the country, earlier, than the Constituent assembly will gather; the provisional government will not live one up to it" [8, page 52].

Thus, Milyukov saw need for the strong power only before establishment of "lasting peace". Further the called Constituent assembly has to

to resolve an issue of the power - in it its role.

The taken place events demanded immediate change of the program of cadet party, especially in a question of state system. For this purpose also the seventh congress was convened on March 25 - 28, 1917. Because Milyukov was a member of provisional government, he could not be present at all meetings of a congress. But nevertheless he monitored its activity and at the moments of short presence, and according to reports and messages which did to it. "I found that, there are I on your place, I would go in the same way. also would come to the same conclusions" [10, page 462].

In F.F. Kokoshkin's report on revision of the program on the political system the place and to definition of a role of the Constituent assembly was allocated. Kokoshkin said that "the form of government in Russia is legally not defined, its definition belongs to future Constituent assembly." [11, page 372].

In decisions of the seventh congress on the form of government the following resolution was adopted: "The legislature has to belong to national representation. In the chief executive there has to be a president of the republic elected for a certain term by national representation and the managing director through the ministry, responsible before national representation". The solution of a question of a unicameral or bicameral system was postponed until the next congress.

As for the Constituent assembly, problems of adoption of the constitution and the solution of urgent matters of state, but only before election, on the basis of the laws adopted by it, national representation were assigned to it. For the period of activity of this meeting the executive power has to be organized by the principle of the responsible ministry [12, page 492].

Summing up of

the results it is possible to draw a conclusion: Milyukov considered that first of all the representative body of the power has to be invested by legislature with the right of consideration of the budget. Economic, financial, cultural and educational, administrative reforms, the working legislation and an agrarian question, decentralization and reorganization of local government -

Rostov state university

here a range of questions which will form the basis for future legislative activity of representative body. In the project Milyukov especially emphasizes the role of the Constituent assembly - it is "the first representative assembly" which has to develop the Constitution and the electoral law on the basis of which the body of national representation will be created.

Literature

1. Release. Stuttgart. 1902. No. 1//Russian liberals: cadets and Octobrists: Sb. dock. / Sost. D.B. Pavlov, V.V. Shelokhayev. M, 1996.
2. Milukov P.N. La crise russe. Trad. Mari Petite. Li-brairi Nouvelle. Paris, 1907.
3. P.N. Milyukov. Memoirs. M, 2001.
4. All-Russian congress of territorial and city figures on September 12-15, 1905. Moscow//the Liberal movement in Russia. 1902 - 1905: Sb. dock. M, 2001.
5. P.N. Milyukov Year of fight. Publicistic chronicle. 1905 - 1906. SPb., 1907//Russian liberals...
6. The program of constitutional democratic party (People's Freedom Party) corrected according to resolutions of the 2nd delegate congress in St.-Petersburg on January 5 - 11, 1906//the Russian liberals...
7. The second congress of constitutional democratic party 5 - on January 11, 1906//Congresses and conferences of constitutional democratic party: In 3 t. T. 1. 1905 - 1907 of M., 1997.
8. P.N. Milyukov. History of the second Russian revolution. M, 2001.
9. Program of "Progressive block"//Russian liberals...
10. P.N. Milyukov's speech//Congresses and conferences. T. 3. Prince 1. 1915-1917 of M., 2000.
11. F.F. Kokoshkin's report on revision of the party program in a question of the political system//In the same place.
12. Resolutions of the seventh congress of constitutional democratic party//In the same place.

On March 31, 2005

Kyle Lopez
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