Nadezhda Vladimirovna Abramova
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Legal regulation of the status of persons of Polish nationality landed estate in nine western provinces of Russia in XIX centuryMoscow University Bulletin. Series 11. Law. 2022. 4. p.97-112read more219
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The article is devoted to the change in the legal status of landed estate of the Polish gentry in nine western provinces of the Russian Empire in the 19th century. The author draws on extensive regulatory and legal material and archival documents illustrating the reasons for the adoption of exemptions from the general guidelines on ownership and mortgage for the gentry, whose representatives received Russian citizenship after the “Kingdom of Poland” joining Russia in 1815. After two uprisings in the thirties and sixties of the XIXth century, persons of Polish nationality were recognized as unreliable subjects. A restriction of rights was introduced upon this strata to maintain order in the border lands of the Russian Empire. In this regard, the concept of “a person of Polish origin” was introduced into the legal acts, which did not apply to Catholics in general, but only to Poles and those Western natives who acquired Polish nationality. Thus, persons of Polish nationality constituted a group of subjects identified on a national basis, which was also associated with a confessional one. The analysis of the materials allows concluding that the supremacy of the interests of the state, expressed in the infringement of the rights of a social group identified as unreliable, was an effective method of state building and part of the strategy for protecting the interests of the Russian Empire.
Keywords: history of Russian law; XIXth century; western provinces; persons of Polish nationality; mortgage
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Key aspects of legal regulation of real estate pledge in the Boards of Social WelfareMoscow University Bulletin. Series 11. Law. 2023. 5. p.28-43read more127
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The article aims at the assessment of legal regulation of pledge in the Boards of Social Welfare of the Russian Empire in the first half of the 19th century. The boards established by Catherine II worked as provincial banks accredited to meet the needs of the inhabitants of the governorates. The study focuses on the activity of the boards, which reflects the details of the economic development of the governorates, including those in the territories of Georgia and Azerbaijan integrated into the Empire in the first third of the 19th century. The author draws on extensive legal material and archival documents illustrating the reasons for the adoption of exemptions from general pledge regulations in relation to some of the boards. The specifics of the economic development of the territories, in a number of cases, empowered the legislator to expand the list of legalized pledge for certain governorates. The main subjects among the borrowers in the boards were nobles and merchants. Insufficient landownership of the nobility in a number of governorates led to the guarantee as one of the possible conditions for obtaining a loan in the boards. Due to the identified corrupt practices of the officials for obtaining loans in the boards, state workers were identified as special subjects of law, in respect of which special legal provisions were introduced in the boards.
Keywords: history of Russian law, XIX century, Boards of Social Welfare, pledge of real estate, subjects of pledge legal relations, subject of pledge
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Indeterrminate sentences in Soviet legislation, practice and science of the NEP periodMoscow University Bulletin. Series 11. Law. 2024. 1. p.27-44read more98
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The article deals with the legal norms for real estate pledge under the contracts with the State Treasury in the XIXth — early XXth centuries. The Treasury, as one of the parties to the contracts for work and labour or supplies, made rather high demands on the pledged property. The key interest was economic (business), because the contracts were designed to serve the interests of various governmental administrations, including Military, Engineering, etc. State institutions, both then and now, serve the needs of the state and society at a particular historical moment. In parallel, the development of contract law is taking place. This leads to an expansion of the range of collateral for real estate. Simultaneously the subject of pledge became broader gradually, primarily due to the need to provide landlords and property owners with new incentives for economic activity. This leads to an expansion of the range of collateral for real estate. One of the main reasons for expanding the list of real estate objects was the need to provide landlords and property owners with new incentives for economic activity. At the same time, the location and market value of real estate was put at the forefront, because in case of a party’s failure to fulfill obligations to the Treasury, the subject of pledge was to be sold at the auction, which was supposed to help compensate for the damage caused to the treasury. The development of legal norms for real estate pledge under the contracts with the Treasury in the Russian Empire is closely related both to state institutions’ functioning within the bureaucratized management system and to huge geographical diversity with multinational specifics. In a certain sense, the system of contracts for work and labour or supplies in the Russian Empire demonstrates the groundwork for modern government contracts.Keywords: history of Russian law, state treasury, contracts for work and labour, contracts for supplies, real estate pledge, subject of pledge, subject of law
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