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3.6. Development of customs system in second half XVTTT century

In second half XVIII century in comparison with the previous period the condition of customs system has considerably changed. As during customs reform in 1753-1754 all internal customs have been liquidated, the customs offices located on suburbs of empire, in ports and near to borders have remained only.

The part from them had the status "big", the others was considered "small" or outposts. Legal differentiation of powers between the "big" and "small" customs long time was not, but in the administrative plan "small" have been subordinated "big", and big directly became isolated on the state controls.

The competence of small customs and customs outposts included only the control of legality of moving of the taken goods that was expressed in stock-taking of customs accompanying documents, and also check of conformity of their data and real quantity and quality of the goods more often. In most cases small customs and outposts did not carry out customs registration. The formation and activity order, time of existence and formation of staff of small customs and customs outposts were defined by the central establishments, and activity was supervised by constantly functioning boundary or port customs to which they submitted.

The interesting information on development of customs system in second half XVIII century can be received, analyzing its quantitative and quality indicators.

As it was already mentioned, in the appendix to Customs regulations of 1755 the register of customs and customs outposts as of December, 1st, 1755 In it was resulted has been included fifteen big and eight small port customs, thirty two boundary customs and outposts [702]. At the same time, this register in second half XVIII century repeatedly was exposed to revisions in which course the status of separate customs and customs outposts changed, the quantitative structure of customs offices increased or reduced.

Changes in customs systems of Russian empire in second half XVIII century were affected both objective, and by subjective factors. In our opinion, the subjective factor was defining. The beginning of each board has been noted by considerable change of a political policy of the state and introduction of new priorities in foreign trade. Strong-willed decisions of monarchs predetermined creation and liquidation of customs offices, and also changes in their status and the list of staff. Though acceptance of these decisions was preceded, as a rule, by inspection trips of officials of the central office representing the offers on optimisation of customs system, made as a result of the decision could differ from these offers considerably.

Reasons about reformirovanijah, given from places, met, as a rule, an uncooperative altitude. So, during customs reform the decree from January, 1st, 1756, raspechatannyj by typographical way and dispatched in customs which defined an order of the reference of officials of customs in central and the power supreme bodies has specially been published. There it was specially reserved, that all offers from places on optimisation of system of customs offices in the Senate should move only through Kommerts-board [703 [704] [705]. The text of this decree was postponed in internal office-work of the St.-Petersburg port customs for 1756.

In the same business the repeated instructions contain to follow positions of this decree as the director tsaritsynskoj customs asessor Hrushchov has addressed directly in Pravitelstvujushchy the Senate with the request «about transfer of that customs for neudobnostju in other place». To directors of port and boundary customs again it has been specified in necessity on all questions to address in Kommerts-board and from it «appropriate manual and the resolution to demand».

The objective cause which has caused considerable changes in customs system of Russian empire in second half XVIII century, its active foreign policy, repeatedly for the specified period leading to changes of borders was.

Destruction in 1753-1754 of internal borders between Velikorossiej and Malorossiej, and also between Velikorossiej and the Army Don became the first of such foreign policy actions. As a result the quantity of customs offices has increased: was three main and eight small customs are liquidated, however has been in parallel created twenty seven customs and customs outposts on border with Poland. Taking into account these numerical changes the register of 1755 has been constituted

At the same time, owing to dearness of the reformed system completely constructed on regular service, in 1757 in it reductions have begun. They have mentioned as number of customs offices (it has been abolished ten "new" customs, founded during reform, and eight before created), and statuses of separate customs (four "big" customs have been transformed in "small") [706 [707] [708], and also regular number of the personnel (were reduced, in particular, a post of inspectors at directors of some customs because of duplication of many functions). The majority of these actions have been poorly proved, therefore variety of the specified changes after even repeatedly was reviewed.

The statement of Russian empire at coasts of the Black and Azov seas has resulted in the middle of 1770th in creation of the customs

Infrastructures on these earths. Specially for again attached territories Rules imported and otvoznyh the goods have been accepted «at ports of Black sea», valid custom duties.

Sections of Poland became the following foreign policy action which has led to changes of system of customs offices. During the first of them the empire structure included Right-bank Ukraine therefore in 1783 customs offices in the Mogilyov and Podolsk provinces have been created. Their functioning has soon been interrupted because of the begun war with Turkey which was not wishing strengthenings of Russia in Ukraine and Northern Black Sea Coast. Only after successful war, already in the beginning of 1790th years customs offices in Polotsk, Mogilyov, Kiev and Ekaterinoslavsky namestnichestvah «on a condition, in what these 1782 under the blanket tariff before war with Turks» [709 [710] [711] [712] [713] have been restored. In parallel with restoration before the created customs both customs outposts the new were founded also: on the river Bug in Olviopole and on Dnestr near JAgorlyka on border with Poland; Bratslavsky namestnichestve in the city of Jampole, in Podolsk in place ZHvantsy,

Volochinske and Radzivilove, and in the Volynsk province in Mogilyov and in village Gusjatine [714].

Strengthening of foreign trade with the Near-Caspian states became one more direction of foreign policy of Russian empire in second half 1790. It was expressed in customs creation in Mozdoke [715 [716] [717].

In 1799 reforming and a customs infrastructure of Siberia on Ishimsky and Irtysh lines has been carried out. On strengthening of these customs I trainees studying customs business at the St.-Petersburg port customs under the decree of Catherine II have been sent under Paul's decision.

The customs offices founded on «national suburbs» Russian empire, were created on the Russian sample. Among them a certain originality customs offices Lifljandii (Latvia) attached still in the beginning of XVIII century possessed - to the middle of XVIII century they kept the traditional status litsentnyh offices. However, and having accepted the status of port customs, they took a special place among the Russian customs as had special standard base of activity, besides, employees only these customs received the salary not in roubles, and in thalers that has been standard fixed in 1737, but practically

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It was carried out also in 1799 that is visible from the list of staff of the specified period.

All above-stated testifies, that is noted by difficult processes of organizational formation of customs system as the system localised on borders of Russian empire second half XVIII century. Long time of change in it occurred chaotically enough, without appropriate study of a question in this connection to the decision of some organizational problems it was necessary to come back repeatedly.

In Paul's board I one of the first attempts to bring a scientific basis under process of reforming of internal links of customs system has been made. For the purpose of its further optimisation in 1797 it was ordered to constitute descriptions of customs on provinces. In these descriptions the complex characteristic of position of concrete customs offices taking into account all major factors - presence of the large rivers was given, to affinity of large settlements, quantities of the population, sformirovannosti trading ways. In particular, such detailed description on the Lithuanian province has remained.

In «Representation about new customs states», constituted in 1798 for Pravitelstvujushchego the Senate the President of Kommerts-board Peter Aleksandrovichem Sojmonovym, specified its aspiration «to compose the states of direct need proportional», having studied for this purpose «data on benefits and inconveniences of each customs». So, on the western border it was offered to abolish the Gusjatinsky customs outpost, to transform Zhvantsovsky customs in Isakovsky (with staff transfer); to abolish on Taurian peninsula all customs and outposts in connection with [718 [719] [720] [721] introduction on it of a free port mode; to abolish the Kagalnitsky customs which has lost practical value after resettlement of the Zaporozhye Cossacks to Kuban. At the same time, it was offered to found customs outposts near sea of Azov, to increase value of customs offices of the Astrakhan province and Siberia.

In the mentioned Representation about customs states one of the first attempts officially is made to define the importance of concrete customs by ranging in which basis the volume of a turnover of goods and kinds of made operations laid. Though this ranging yet had no jural significance, it has laid down in a basis of distribution of states.

The St.-Petersburg, Riga and Odessa port customs have been carried to customs «first sort» «as such places, chrez what the supply and export of the goods without withdrawal is allowed» (it is remarkable, that the Arkhangelsk customs in this list is not mentioned any more, that testifies to a full victory of the Baltic trade).

All other port customs and outposts concerned customs «second sort», and also boundary Jurburgsky and Brzhetsky (the Lithuanian province), Radzivilovsky (Volynsk), Mogilyov (Podolsk), Dubosarsky (Novorossisk), «chrez which the supply price only the goods is forbidden» (i.e., especially valuable).

All other customs and customs outposts concerned customs «third sort», «chrez which the input of the foreign goods is forbidden» [722].

On the basis of this work the new list of staff for customs offices of all Russian empire has been prepared. In its first part accepted on October, 7th, 1799, 34 customs and 30 outposts have been included. This list of staff constituted for customs, customs outposts and customs supervisions, established the general staff of customs system 3662 persons with the total salary 423 038 rbl. and 58 487 thalers

(efimkov). Besides the means planned on payment of the salary, this schedule included the list of planned expenses on the maintenance of a customs infrastructure. Such expenses, as repairing or building of customs and warehouses, writing expenses, the maintenance and repair of scales, in port customs - the maintenance and repair of boats, and in large customs additional means for the maintenance of fire-prevention adaptations there joined.

During the end of 1799 and all 1800 states of customs offices were finished at the expense of acceptance of special decrees on separate districts. On December, 22nd, 1799 the list of staff for Taurian peninsula was accepted - there has been formed three customs (Kozlovsky, Ahtijarsky and Kefijsky) and two customs outposts (Kerchensky and Enikolskja). Total staff of these establishments has constituted 154 persons, customs supervision as a part of 68 persons has been in addition entered.

In March, 1800 states for customs offices of the Western Ukraine - G rodnenskoj customs and the Kovensky customs outpost in number of 28 persons have been approved.

In July, 1800 the list of staff of the Sedlistovsky customs outpost arriving under the beginning of the Astrakhan port customs is approved. This staff included 10 persons [723 [724] [725] [726].

All above-stated allows to approve, that by the end of XVIII century basically formation of system of customs offices of Russian empire as the bureaucratic structures which were completed on a regular basis has come to the end. In second half XVIII century it is necessary to recognise as a priority direction of improvement of customs system development of boundary overland customs and outposts on the western border of Russian empire and in Siberia, and also creation of port customs offices in Black Sea Coast and Priazovye.

Thus, in second half XVTTT century occurred the important processes in customs system of Russian empire. Conditionally their consequences can be divided into some groups:

1) geographical - utter annihilation of internal customs taxation and internal customs has led to localisation of the remained and newly founded customs offices near to borders and coasts;

2) organizational - during the specified period occurred improvement and complication of system of customs offices, is necessary the beginning to their status ranging;

3) foreign policy - joining of new territories and liquidation of internal borders have led to liquidation or carrying over of some customs offices, and also to creation of the new;

4) administrative - consecutive change of several administrative models of the central and departmental management has led to respective alterations in internal structure of customs offices, and also in character of their mutual relations with the central and provincial controls.

The characteristic of development of customs system in second half XVTTT will be century incomplete without the characteristic of its auxiliary institutes. We understand those organizational structures to which realisation of traditional functions of customs business which have been organizational consolidated with customs system at a certain stage of its development was not assigned as them, but further were allocated in independent administrative structures. Here it is possible to carry customs boundary guards, customs quarantines, customs censorships.

Up to XVTTT centuries at the majority of the states did not exist regular protection of frontiers. The important role in formation of modern frontier troops the customs service which, proceeding from the problem - struggle against illegal movings of the goods - has begun practice of regular protection of the state territory has played.

Systematic struggle against illicit transportation of the goods («not shown and concealed goods») in Russia has been begun since 1720th years. With that end in view practised creation on minor roads of the posts interfering journey of transports, and also the periodic device of ambushes of active armed forces.

Development of an overland frontier trade has made questions of counteraction to contraband especially actual. Commission session about commerce on which there was a question on suppression of secret transportation of the goods on small roads on borders on August, 8th, 1728 has taken place. It has been noticed, that from Riga, Revel, Derpta, Novgorod, Narva, Smolensk, Toroptsa the goods are regularly taken on small roads, without payment of the customs duties. On purpose it was offered to order frontier trade to take the goods exclusively on the big roads under the threat of confiscation. To execute this decree zemskim lists of roads which admitted big, that is obligatory for transportation of the goods have been dispatched heads.

For protection of separate sites of roads it was offered to enter protection by regular military men. The list of sites with instructions of number of military men necessary for their protection on roads near to Smolensk has remained. It was supposed to protect these roads forces of horse dragoons: at the head of posts (3-4 dragoons) there was a corporal, the ensign headed protection of the site constituting from 1,5 to 5,5 versts.

But it became gradually clear, that attraction of forces of the standing army to administration managerial control affairs - not the best exit from a situation. [727 [728] [729]

Therefore already in the list of staff of 1724 in port customs there is a post strendrejtera (later - strandrejtera) which main task was revealing of "the concealed and not shown goods».

In particular, the list of staff of the Narva port customs of 1724, including only nine persons, among the other mentions one strandrejtera into which official duties the periodic detour of a site near to port for the purpose of suppression not authorised entered

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Deliveries from the sea and unloading of the goods.

The post strandrejtera originally did not join in the basic structure of states of port customs, and was mentioned among technical workers. At the same time, they were mentioned in the majority of customs - in 1724 presence of two «strandrejterov with loshadmi» in Sankt - the Petersburg port customs, two - in the Arkhangelsk customs, one - in the Kronstadt customs was provided.

Under decree Pravitelstvujushchego of the Senate from August, 9th, 1754 the post strandrejtera has been renamed in customs объездчики746.

Simultaneously posts customs obezdchikov were entered into lists of staff of boundary customs. For their interest in struggle against contraband the norm about transfer to the person who has revealed «the concealed goods», 1A costs of the goods confiscated at the infringer has been accepted. For monitoring of activity customs obezdchikov since July, 1755 the post of the main customs supervisor was in addition entered at Kommerts-board.

During customs reform 1753-1757 the adviser Kommerts - boards Sergey Mezheninovym had been developed the Instruction on

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745

About renaming strandrejterov in a rank boundary customs obezdchikov: decree Pravitelstvujushchego of the Senate from August, 9th, 1754//PSZRI. XIV. № 10269. With. 190191.; RGIA. F. 138. Op. 6. D. 1. L. 179-181 about.

746

747

RGIA. F. 138. Op. 6. D. 1. L. 24, 62 about., 66.

RGADA. F. 397. Op. 1. D. 588. L. 1-2.

About definition for capture imported into Russia and taken out from this forbidden goods over obezdchikov the main supervisor: decree Pravitelstvujushchego of the Senate from July, 6th, 1755//PSZRI. XIV. № 10431. With. 384-385.

To improvement of activity of boundary customs. In it it was offered instead of traditional has marked also slingshots on minor roads to dig out deep ditches. All movement along borders was necessary for reducing to officially certain big - "ukaznym" - to roads which were recommended to be removed from border on 20-30 versts. Customs obezdchiki should watch, that nobody tried to pass to border on «neukaznym to roads». The merchants caught in vysheopredelennoj 20-30верстной to a zone near to border, were considered as infringers, their goods came under to confiscation as «not shown and concealed».

To all who planned to go for the shown boundary road, it was necessary to have the passport which has been given out in an office with instructions of the purpose of a trip and an exact place of departure and arrival. If at the detained person of such passport was not, it came under to punishment: "rangovannye" noblemen - to the fine for the sum 50 rbl., the others - to a beating pletmi [730 [731].

Thus, though since 1720th years in Russia certain actions for struggle against contraband were carried out, them was obviously insufficiently. Full reorientation of customs business to regulation of foreign trade activities has set the task of reconsideration of concepts of customs space, the customs territory and customs border.

In the conditions of absence of regular protection of frontier the militarised parts, on customs service before all had been assigned protection of the external economic safety of the state. For the decision of this problem in customs system the new structure - customs boundary guards has been generated.

As followed from the nominal decree from September, 27th, 1782 [732], divisions of customs guards were founded in each boundary province. Its basic force remained customs obezdchiki, but, unlike earlier period, everyone obezdchik had now under the control a certain site of border - ten versts on two persons who should provide its protection in shifts. Thus, border protection had now the organised character of a chain.

Customs obezdchiki served in shifts, they should provide protection of the site, both in the afternoon, and at night. Their problems included supervision over that nobody crossed frontier differently as on the approved roads. For increase of interest of attendants of these guards on each fact of detention for customs obezdchika the extra fee was provided.

For supervision over service customs obezdchikov on each fifty versts the customs supervisor who was on public service and having XI class rank on Tables of ranks was in addition appointed. The customs boundary supervisor was defined in provincial board on approval of state chamber. The periodic detour of sites of subordinates entered into official duties of the supervisor to it customs obezdchikov.

To avoid abusings, it was recommended to translate annually customs obezdchikov and supervisors from one place on another, thus on the new duty station state apartments - «potrebnye dwellings» necessarily should be given to them.

Customs obezdchiki and supervisors joined in states of the customs supervision attributed to certain province. At drawing up of states of customs offices of 1799 states of customs supervision joined in the general list of posts after regular structure of supervised customs. In particular, staff of customs supervision on the St.-Petersburg province in 1799 constituted 48 obezdchikov and 35 supervisors, in the Vyborg province - 138 obezdchikov and 16 supervisors, in Estljandsky province - 126 obezdchikov and 13 supervisors, in Lifljandsky province - 112 obezdchikov and 10 supervisors, on Kurljandsky province - 82 obezdchika and 7 supervisors, on the Lithuanian province - 234 obezdchikov and 18 supervisors, on the Volynsk province - 83 obezdchika and 6 supervisors, in Podolsk province - 156 obezdchikov and 10 supervisors, in Novorossisk province - 281 obezdchik and 19 supervisors. The annual salary obezdchika varied from 80 to 120 rbl., the supervisor - from 200 to 250 roubles.

Creation of a customs chain and guards has allowed to provide counteraction to illicit transportation of the goods through sea and overland borders of Russian empire, and also has begun regular protection of the state boundaries.

Customs quarantines were other institute issued within the limits of customs system in XVIII century. Creation of any state body always has a definite purpose as any structural division of a machinery of government is intended for realisation and realisation of certain state function. The traditional functions which are carried out by customs bodies, are fiscal, connected with filling of the state treasury, and also law-enforcement, connected with revealing of infringements in customs sphere about what it was already spoken in the previous heads. However functions of any state body can extend by putting on on it in addition at any historical stage of the decision of any problem or definite purpose achievement. [733]

With reference to customs bodies it was expressed in putting on on them in XVII-XIX centuries of function of struggle against distribution of epidemics.

Overcoming of political isolation of Russia and expansion of the foreign trade communications with the foreign states have led to more brisk contacts to foreigners, having raised barter, including with the countries covered by infectious illnesses. Distribution of epidemics became one of consequences of it. Bubonnaja the plague, a smallpox, a cholera carried away many thousand lives in all countries. Danger of external infections has been understood for the first time on boundary XVII-XVIII century when norms have been included in the standard legal acts intended for the Arkhangelsk customs on counteraction «morovym to crazes». Arkhangelsk at that time was unique seaport of Russia, and arrival of the infected ships has turned to a serious problem. Therefore tselovalnikam it was recommended to lead operative work - communicating with overseas merchants to find out, whether is not present where in the adjacent countries «morovyh crazes» and, in case of information reception, to inform it on command. Further, at arrival of the ship from the country in which cases of diseases have been revealed by a plague, a smallpox or a cholera, this ship was not supposed in port and went on quarantine. If epidemic had the big distribution, the arrived ship should be sent back.

Decree Pravitelstvujushchego of the Senate of 1747, called not to admit on the Russian market of meat of the infected animals from Poland was one of the first standard legal acts accepted in Russia in XVIII century concerning counteraction to epidemics. [734 [735]

In 1755 struggle against epidemics has received institutsionalnoe expression - at each large customs «the quarantine house» in which staff there were doctors for examination of the people arriving from the countries, covered by epidemic [736 [737] was founded. It was necessary for customs officers the goods which have arrived from these countries, to screen in a special mode and under the control of the doctor. In 1755 the first structural reorganisation of quarantine service has been spent at customs - a number of quarantines has been transferred to other customs.

After epidemic which have burst in 1771 of a plague in Turkey on southern border the number of customs which structure included quarantines has been increased.

In 1786 for the Kronstadt port customs which were sea collars of St.-Petersburg, Position about the quarantine house on island Seskar », become by the sample for the organisation of quarantine houses was accepted«. In it rules of placing of quarantine houses were established, their obligatory staff was defined: the quarantine police officer (appointed the Admiralty board from among naval officers), the quarantine supervisor, the translator the doctor and podlekar, one customs attendant, the quarantine sergeant; and for maintenance of normal work: the armed one-decked vessel «with seamen and the navigator» and a military quarantine command [738]. At arrival of the ship in port it was necessary for the captain to fill a questionnaire about a crew state of health. It was necessary to answer following questions in writing: 1) the ship name, 2) a name of the captain, 3) from what place of profit, 4) quantity of days of swimming, 5) there has passed this ship quarantine in other countries, 6) whether it contacted to the infected vessels, 7) crew number, 8) how many patients and than are ill, 9) how many has died during swimming, 10) whether was a water lack, 11) there are by the ship goods capable to conceal in itself an infection. In case customs employees will suspect presence of infectious disease onboard, vessels were located on quarantine, and merchants should get all goods from holds by own strength. Procedure occupied in total till 6 weeks, it was carried out under responsibility of the quarantine police officer which could not leave at this time more than at two o'clock, without the permission of the main commander over port Kronstadt [739 [740] [741]. The list of the goods from three categories with instructions of their potential danger has been generated to promote epidemic distribution. For each of these categories features of realisation of customs inspection have been established. The unloading of the goods could be made only in the afternoon, in the presence of the customs attendant to prevent possibility utajki

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The infected subjects.

After sections of Poland in again attached territories on the most important trading ways customs with quarantines [742] simultaneously were founded.

Acceptance kodifitsirovannogo the certificate of regulating character - the Charter of boundary and port quarantines [743] was on July, 7th, 1800 following step to struggle against epidemics. In earlier prepared questionnaire for captains the question on has been added, whether there is a passport on the goods.

It was recommended to have quarantine houses from customs no more than in 200 sazhens (about 400 m - a bus comment). Doctors of quarantine houses had the right to detain the people arriving from the countries, subject to epidemic for 12 days, for revealing of signs of illness. In the quarantine house product samples were checked. All goods shared on three groups - the first - dangerous, the second - potentially dangerous, the third - usual, for everyone the features of check have been defined. At infection revealing, on the ship hung up a yellow flag and forbade an input in port if it was not port, and overland border on goods delivery system hung up a green lantern. The basic customs inspection was authorised to be made, only after reception of the signature of attendants of quarantine about absence of infection.

The establishment of customs boundary quarantines was the important action for struggle against pandemics. Activity of attendants of customs it has always been interfaced to the raised danger, especially at examination of separate kinds of the goods. The establishment of quarantine houses has allowed to make this work of more safe, promoted prevention of distribution of many diseases.

The censorship which has arisen under the influence of Great French revolution was other institute which has arisen in customs business of Russia in the end of XVIII century. Initially censorship has been focused on an internal life of the state - in 1790 the censorship of books which was carried out by justices blagochinija has been founded, in 1796 free printing houses are closed. In reign of emperor Paul censorship has become still more religiously and was separated in the special department, subordinated to the emperor.

In struggle against heterodoxy the attention has been paid, that many "harmful" books undermining the existing system arrive from abroad. In this connection it has been solved a problem to spend withdrawals of such editions to assign at customs. It has demanded change of internal structure of some customs in which censorship branches were founded.

Since 1798 restrictions on printed matter import through border have been entered. There were rules of moving of books and newspapers through port and boundary customs. It was originally planned to enter the branches of censorship in all ports [744], however in a year restrictions have been established - printing editions could be moved now exclusively through five ports which list has been legislatively defined [745], only at these ports there were censorships.

At overland entrance to the country through the Western border printing editions could be imported only through Radzivilovsky customs where censorship for the Volynsk, Podolsk and Minsk provinces [746] has been founded. Attendants of censorship received the salary [747] according to the list of staff [748]. The structure of censorships included three experts - by a spiritual, civil and scientific part, and also the writing attendants freely owning the European foreign languages.

It testifies, that in the end of XVIII century there was a new kind of contraband - ideological which revealing was assigned to customs bodies. In this volume of customs the next two hundred years have been involved in realisation of the state function of struggle against heterodoxy.

Thus, the customs service in the end of XVIII century not only was definitively issued as bjurokraticheski the organised part of machinery of state, but also promoted formation of variety of new institutes in government sphere. It has temporarily led to expansion of the functions assigned to it in system of a machinery of government at the expense of protection of frontier, counteraction to epidemics, struggle against heterodoxy. Further there will be an organizational delimitation of customs system to these institutes.

The characteristic of customs system of XVIII century will be incomplete without the characteristic new social and the legal institution - institute of sorting of the goods. Though this institute directly did not join in customs system, it operated in direct interrelation with it and has been urged to provide high quality of the goods crossing customs border, and also to define a rating of the goods for approach definition to its fiscal taxation. It is possible to approve, what exactly customs examination of the goods on the basis of this institute in modern conditions was issued.

The problem of quality of the goods moved through customs border, always concerns the category actual, therefore the Russian state already during the Moscow period of the history has started to form monitoring systems of quality of the goods.

In the present section of work on the basis of the regulatory legal acts which have been found out in Full meeting of laws of Russian empire, and also materials of internal office-work of the St.-Petersburg port customs the organizational and standard bases of activity of sorters, the mechanism of payment of their work, and also responsibility questions are studied.

As follows from a preamble, one of the reasons of acceptance Novotorgovogo of the charter of 1667 was increase of cases of a supply to Russia foreigners «thin counterfeit which do not suit anywhere» the goods, «in which they are originally convicted». Novotorgovyj having got tired for the first time in detail regulated trade of the Russian merchants with foreigners, and its item 45 has directly been devoted questions of maintenance of quality of the goods in foreign trade. From foreign merchants she demanded acknowledgement by brands and the seals of manufacture of the goods in concrete cities for the purpose of revealing of fakes, in a case of their detection, and also poor quality revealings it was recommended «those thin goods, having convicted, and in all light having announced to send with dishonour from fair» [749 [750].

Already in the end of XVII century there was a concept of a grade of the goods, but even the legislator at that time considered possible to neglect it sometimes. For example, one of nominal decrees of 1687 were recommended to write down at fiscal taxation juft (one of the skin kinds, the traditional export goods of Russia - a bus comment) in customs books without division on sorty, including four roubles for each pood of weight.

In XVIII century, in process of foreign trade activization, the question of quality of the goods got the increasing value, and in new conditions the special attention was given to the export goods. The important place among them was occupied with hemp and flax, they were raw materials for manufacture of a canvas and ropes in which all Europe has been interested. In trade sphere by these goods before all the institute of sorting of the goods which has taken the important place in the organisation of customs business in XVIII century has started to be made out.

One of the first certificates in the given sphere has been accepted on January, 25th, 1713, it regulated hemp and flax sorting in port of Arkhangelsk [751]. A little bit later, already in 1723, the similar certificate has been accepted and for Sankt - the Petersburg port. The decree accepted for the St.-Petersburg port, considerably differed that has been accepted for Arkhangelsk - in it

It was recommended to carry out sorting «on the sample Riga». It corresponded to the general spirit of reforms of Peter I which actively studied and introduced the Swedish experience of the government.

Within all XVIII century the standard base which has defined the status of the sorter, an order of its introduction into a post and conditions of its realisation, and also questions of responsibility for unconscientiousness gradually worked enough at discharge of duties. If in first half XVIII century activity of sorters normirovana it is fragmentary, in second half this centuries appear special duty regulations for them in which all aspects of their work are regulated practically.

Sorting of the goods was understood as expert activity of the authorised persons defining a rating of a certain category of the export and import goods for the purpose of bar of claim by lapse of time in a trade turnover of poor-quality production. As this activity demanded special knowledge of the given sphere, to sorting of the goods in overwhelming number of cases merchants were defined. At the same time, this post was entered at the initiative of the state, and activity was carried out under the customs office control.

Gradually in all ports and boundary cities posts of sorters for various categories of the export and import goods - flax and hemp, jufti, potasha, sugar, a herring, wood, a bar paint have been entered. At various customs there was the own structure of sorters defined by features of the nomenclature of the imported and taken out goods.

Definition to a post of sorters was made for choice merchants and on representation of city councils. As during its realisation the merchant had no possibility to run own business, the work piece-work pay on a post which periodically [752] was reviewed that is visible, for example, from decree Pravitelstvujushchego of the Senate from August, 19th, 1737 practised. At the same time, the salary it was paid not from treasury or accidental gathering, as to regular attendants of customs, and from the special gathering paid by merchants for check of a rating of the goods - «brakovyh money» which sum was estimated proceeding from quantity of the checked up goods. This sum was usually collected in equal proportions from the seller and the buyer, and it was recommended brakovye money «to merchants to pay neuderzhno». This payment went to the general fund from which it was recommended to sorters «to divide money among themselves on the general

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To the consent by equal parts ».

To thicket sorters of the goods were selected from among Russian merchants but if in examination of any goods often there were disputes the sorter from among foreign merchants at their choice was in addition appointed. For example, for definition of a rating of hemp, flax and jufti at the St.-Petersburg port customs the Commission decree about commerce from July, 3rd, 1727 had been appointed Russian and overseas sorters who made the decision in common. On the contrary, for sorting of the import goods got at the expense of means of the state treasury, exclusively Russian sorters [753 [754] [755] [756] were appointed.

Work of sorters consisted not so much in full vybrakovyvanii the goods (it were cases all the same exclusive), how many in an establishment of a rating of the goods. This direction of their work had the big practical value as directly it has been connected with calculation of customs cost, and, hence, defined the size of recoverable duties.

Traditionally in Russia the goods were subdivided into three grades that has found fastening in tariffs - the "better quality" goods, «average quality», «last kindness», and also a product of "the best hand» there were mentioned,

HHC

«An average hand», "other". This tradition has laid down and in a work basis on sorting of the goods. For example, at sorting of flax the goods shared on three groups - «the first pure hand», «the second pure hand», «the third semipure hand» [757 [758].

The procedure of activity of sorters was in detail regulated by duty regulations which century have started to be accepted in second half XVTTT we Will consider it on an example of activity of sorters of flax and hemp of the St.-Petersburg port

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Customs.

It was recommended to make sorting of the goods in special premises (shofah - extensions to barns) that the goods did not mix up, each grade should be represented separately from others.

On one shofu it was recommended to have two sorters who were on duty in steam. If during any moment in shofe there was no of them the penalty was collected from both - 1 rbl. in each hour of absence. For the prevention of arrangement sorters should not be on duty in one shofe two days on end, and partners daily varied on a lot.

Sorters under the schedule - from six o'clock in the morning to twelve o'clock in the afternoon, and after a dinner worked from fourteen o'clock till twenty o'clock. The beginning and the work termination was made on blow of a bell from Admiralty.

Activity of sorters was documented in special «thorough and decent» magazine which was led every day. In records the following information was fixed: quantity of the checked up goods, its grade, a name of the owner, the sorter on duty, desjatskogo. The Same information joined in the official reports submitted to customs. These official reports were the basis for collecting of the customs duties from the goods, and also for loading of the export goods. It was thus recommended «to customs to look, that without marriage, without the seals and without official reports of sorters [on the ships] it has not been loaded».

Questions of quality of realisation of official duties and responsibility of sorters have found for the first time the standard fastening in decree Pravitelstvujushchego of the Senate from January, 16th, 1735, in which for manufacture of forgeries in expert activity for the guilty

HHQ

Sorters fines are entered. Further this question was finished and extended.

For maintenance of quality of the goods it was recommended to put a plate on which names of the sorter and desjatskogo were specified in each packing of the goods. In a case if not sortable goods further were found out, it was the basis for taking legal steps about damage compensation.

Direct quality assurance of activity of sorters was carried out by merchants. They had the right to unpack selectively the goods intended for export, and to recheck contents of packings. In the event that quality of the goods corresponded to the declared rating, repeated packing was made at secondary payment brakovyh money. If in packings the poor-quality production mismatching the declared grade was found out, the goods in all party should be rechecked, thus not only the second were not paid «brakovye 778

About sale and hemp sorting, about amercing of sorters for forgeries in marriage and about different conditions at purchase and hemp transportation: decree Pravitelstvujushchego of the Senate from January, 16th, 1735//PSZRI. IX. № 6669. With. 460-464.

Money », but as indemnification of moral harm came back also"first".

In case of need merchants had the right to address with complaints to wrongful acts of sorters in customs, and in special cases - also in Kommerts-board. At office investigations penalties if «it is rejected inveraciously» were collected from guilty persons, more often accompanied by resignation.

As it is frequent in marriage of the goods workers - packers were guilty, sorters were recommended «to look behind them firmly that were not lazy, malfunctions, falseness and what forgery did not do». In case of need sorters had the right to complain on desjatskih (foremen of guilty workers) in customs. If it in due time it has not been made, further oversight admitted fault of the sorter (laziness and neradenie).

If the intention of the sorter on forgery fulfilment then business was not settled by its resignation was found out, it was recommended «to lead investigations firmly» and «to punish on all severity of laws».

Disputes on a rating of the goods arose often enough, that spoke also insufficient preparation of experts, and their subjectivity in an estimation of the goods. In materials of office-work of the St.-Petersburg port customs the decree of Kommerts-board of administrative character from February, 4th, 1753 about replacement of sorters jufti has remained at Sankt - the Petersburg port. As in board the complaint of foreign merchants to nonprofessionalism of sorters Beljakova and Vavilov has arrived, on consideration of circumstances of business they have been dismissed from a post «behind ignorance in that marriage and art», and to their place have been appointed 779

The instruction of the St.-Petersburg port brakovshchiam which hemp and flax marriage to make have: from November, 28th, 1761//PSZRI. XV. № 11361. With. 828-833; the Instruction of the St.-Petersburg port to sorters Russian and foreign which marriage of a tow hempen and linen to make have: from March, 7th, 1779//XX. № 14850. With. 797-798.

The Yaroslavl merchants Sergey Shvylev and Grigory Istomin, «which are led

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To the oath ».

From the same decree it is possible to learn, that for avoiding of disputes at skin sorting the commission as a part of representatives of Kommerts-board, and also the Russian and foreign merchants trading juftju further has been created. She should choose on a consensus control samples of the goods - each grade on one skin of "uniform weight» for trial of disputes. Again appointed sorters were recommended to be guided by these samples in the work.

From materials of office-work of the St.-Petersburg port customs it is possible to learn, that at it there was even a post «the sorter taken out because of the sea seldej» which in 1753 was occupied with Simeon Zelenin. Its official report about import to Russia in 1749 the Danish merchant Korneliusom Rentserom 193 bochek a herring, rejected owing to perversity, «what, to it, Rentseru has remained, veleno to release back for the sea». However they not only have not been taken out, but also «it is not known what case» have got in gostinyj a court yard. As a result of 17 bochek poor-quality seldej have been realised, before Zelenin has repeatedly found out them. After that he has demanded to fine a guilty merchant and to destroy the rejected goods which it has been decided to dig. From this it is visible, with what complexities work on vybrakovyvaniju the poor-quality goods was led.

Thus, registration in XVIII century in customs business of Russia of institute of sorters testified to occurrence of customs examination of the goods. Strengthening of the international commercial relations objectively had a consequence increase of requirements to quality of export and import production. Maintenance of this quality has been assigned to customs business.

/8 ° RGIA. F. 138. Op. 6. D. 27. L. 76-78. 781 in the same place. L. 229-239.

Thus, in second half XVIII there were important changes in customs system and customs service of Russian empire. Customs reform has definitively fixed 1753-1755 organizational delimitation of tax and customs system, having liquidated internal customs and having reoriented customs service on foreign trade activities regulation.

In second half XVIII century experiments in sphere of the departmental organisation of customs system have come to the end. In Catherine II board last experience of decentralisation of customs system and its transfer under the control of provinces took place. Paul I has curtailed this practice and to the beginning of XIX century the customs service has been definitively positioned as centralised and having a departmental orientation.

In second half XVIII century the further complication of customs system caused both changes of frontier, and the qualitative transformations took place, expressed in definition statusnosti customs offices - there were «small customs» and outposts, schemes of their interaction with Kommerts-board and the "big" customs are developed.

Second half XVIII century it has been noted by complication of a customs infrastructure: along with traditional structural elements - customs and customs outposts - had been created a number of the new accompanying organizational institutes which considerably have enriched a functional role of customs system of this period in a machinery of government of Russian empire. Functions of protection of frontier, counteraction have been in addition assigned to customs service to distribution of epidemics, struggle against ideological contraband, maintenance of quality of the goods moved through customs border.

All it testified, that to the beginning of board of Alexander I customs service of Russian empire has turned in bjurokraticheski the organised structural element of the centralised mechanism of the state, carrying out the important functions in government sphere.

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A source: BALKOVAJA Valentina Grigorevna. CUSTOMS SERVICE In the CONTROL SYSTEM of the RUSSIAN STATE (XVI-XVIII centuries): ISTORIKO-LEGAL ASPECT. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Moscow - 2017. 2017

More on topic 3.6. Development of customs system in second half XVTTT century:

  1. Chapter 1. Formation of system of work with police shots in XVTTT century - first half XIX century
  2. § 1.3. Change of an order of acquisition by police shots in second half XVTTT century - first half XIX century
  3. 3.4. Perfection of standard base of customs business and customs procedures in XVTTT a century
  4. § 1.2. Legal bases of creation of police and the organisation of work with its shots in first half XVTTT century
  5. 3.5. Customs reform of count P.I.Shuvalov and search of model of a management by customs system in second half XVIII centuries
  6. Chapter 2. Development of work with police shots in second half XIX century - beginning HH century
  7. the CHAPTER II. SYSTEM of LOCAL MANAGEMENT of Russia SECOND HALF XV century - 30-40th of XVI CENTURY of.
  8. Chapter 2. Genesis of the housing law of the USA during the period since second half XIX century to second half of XX-th century.
  9. 2.1.0 new approaches to studying of development of the Soviet/Russian - Mongolian relations in first half of XX-th century
  10. § 2.1. Police reforms in second half XIX century and their influence on development of work with shots
  11. § 4. Development of the international humanitarian law about the forbidden methods and weapons of war in second half XX century
  12. CHAPTER 1. SPECIFICITY OF DEVELOPMENT OF METHODOLOGY OF THE RUSSIAN JURISPRUDENCE IN SECOND HALF XIX - THE XX-TH CENTURY BEGINNING
  13. CHAPTER 1. FEATURES OF DEVELOPMENT OF METHODOLOGY OF THE RUSSIAN LEGAL THOUGHT IN SECOND HALF XIX - THE XX-TH CENTURY BEGINNING
  14. § 2. Legal bodies in trading (enterprise) activity in second half XIX century - the beginning of XX century