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Introduction

The urgency of a theme of dissertational research is caused by that the ethnic question in Russia always remains to one of the most burning. The Russian state which already initially has developed as multinational, subsequently gradually included in the territory, occupied by the various people, and also supposed to acceptance of the Russian citizenship of representatives of various nationalities.

To it in a geographical position,

To equal measure promoted both special and cultural-political backwardness

Some next people, and traditionally active ekspansivnaja foreign policy. On occasion such people gradually assimilated, however is more often they kept the national identity, and the Russian authorities have been forced to consider an originality of their traditions, a way of life, culture, level of economic development, social structure and so forth Certainly, under the influence of set of factors of mutual relation with the various people were built differently, but throughout all history of Russia any national group did not cause such deep and steady hostility, as Jews.

Antisemitic moods passed from father to son centuries, and their separate excesses meet in our country till now. In such situation it is obviously important to return to sources of "the Jewish question» and to find out, how the state carried out legal isolation of Jews as more formation of their special legal status two centuries ago began. These arguments confirm an urgency of the carried out research.

Subject of the present research is the legal status of the Jews which have developed in the Russian legislation in 1772-1825

Object of research is the Russian legislation establishing a legal status of Jews, and also practice of its application. Are thus considered not only the laws defining the rights and duties of the Jewish population, but also some certificates in which though about Jews directly and it was not mentioned, but they concerned all citizens irrespective of a nationality and creed or the separate groups which members could be and Jews (for example, inhabitants of the attached Belarus provinces or merchant class as a whole).

For true understanding of an object of research it is necessary to define, what value in the present work is given to the term "Jews". The answer to this question is not represented obvious for the reason, that ethnic definition and self-determination of representatives of the Jewish people is traditionally closely connected with a religious accessory. The Russian state also historically equated to each other confession of a Judaism and an accessory to the Jewish nationality. So, in particular, in XVI - XVII centuries when Jews appeared in territory of our country as inhabitants of the won cities or prisoners of war, application to them of those or other special measures (repressive as, for example, mass executions, or incentive as, for example, dispatch home) it it was caused by preservation of the creed by them. It was thus reserved, that the Jews, wished to accept a christening, could be left in live and be considered as citizens of the Russian tsar. Up to XVIII century such position could speak the general course of a state policy concerning citizenship definition: as Russia long time remained the unique state where Orthodoxy was
The state religion professed by the majority of citizens, acceptance of Orthodoxy for foreigners was legally identified with transition in the Russian citizenship [1].

Subsequently, after 1772, investment of Jews with a special legal status also was in direct dependence on their accessory to a Judaism. On vykrestov, accepting Christianity, ceased to extend both special privileges, and the restrictions provided for Jews. Process of fastening of legal status vykrestov will be considered more low, in the basic part of the present research more in detail; however it is necessary to specify in advance, that in the work text everywhere where other is not reserved specially, the term "Jew" is used not only in ethnic, but also in etnokonfessionalnom value, designating not any representative of the Jewish people, namely the follower of a Judaism. A.K.Tikhonov in this connection approved, that by consideration of legal aspects of pre-revolutionary history of the Russian Jewry to use the term "Jew" [2] more correctly; Theoretically it would be possible to agree with this offer, however its practical realisation is complicated because the name "Jew" in that value which is given to it in the present dissertation, is settled, being used both in the pre-revolutionary legislation, and in overwhelming majority of historical and istoriko-legal researches on the given theme.

Besides it, it is necessary to specify, that frameworks of dissertational work do not allow to subject to analysis a legal status of all groups of the Jewish population meeting in Russian empire during the considered period. Thereof it is represented expedient to concentrate on the analysis of the rights and duties most
Numerous from these groups which have left the most appreciable trace in the Russian history, namely the Jews-ashkenazi a part of the Russian citizens in the end of XVIII century during joining of the former territories of Speech pospolitoj and living in districts, subsequently called as "line of constant Jewish settled way of life». It will be necessary to give Besides, certain attention to some other Jewish communities, namely Crimean karaimam and to Jews of Baltic provinces as development of their legal status occurred within the limits of the general discussion about the status of the Russian Jewry. At the same time, a legal status of other Jewish communities which were available in Russia in the end of XVIII - the beginning of XIX centuries (Mountain and Georgian Jews, Jews of the Kingdom Polish) within the limits of the present research it will not be considered, as it was formed basically independently, irrespective of a legal status of the Jews occupying the western provinces, proceeding from perfect other local sociopolitical features.

Chronological frameworks of research are defined not casually. If since Old Russian times Jews appeared in our country in a small amount and incidentally in 1772 to Russian empire territories with the many thousands Jewish population in which relation the state should carry out defined to the policy have been attached, consisting first of all in definition of rights and duties. In the beginning this policy was in a stage of formation and was inconsistent, ambivalent, sometimes even inconsistent: were published separate, in some cases laws contradicting each other, the state a trial and error method tried to develop a line of conduct concerning Jews. In such kind the legislator operated till the end of board of emperor Alexander I. Further the government
Approached to regulation of a legal status of Jews already is more system and intelligently. The program purposes of a state policy in relation to Jews repeatedly varied, that meant approach of a new stage of a policy in the Jewish question. For each such stage especial problems and especial legal measures of their permission were characteristic; hence, each of stages demands separate studying, therefore it is represented expedient to limit the given research by frameworks of one of such periods.

Recognising that the work purpose studying of features of regulation and evolution of a legal status of Jews in Russia is, following research problems are defined:

- To define, how conditions at which there was an introduction of the Jewish population into citizenship of Russian empire, have affected legislative regulation of their status;

- To analyse the factors influencing formation of the legislation on Jews, and to establish the reasons enough frequent changes in the general orientation of this legislation;

- To establish the fastening reasons in the Russian legislation of the special status for Jews-citizens;

- To allocate the basic directions legislative

Activity of the state concerning Jews;

- To consider, how much the theories stated by politicians,

Influenced the legislation on the Jewish question;

- To consider rules of law, with which for Jews

It was established a special legal status, and also practice of application of the given norms from the point of view of their interconditionality, mutual conformity,

- To find out, how much caused by them sotsiokulturnye and legal consequences corresponded to aspirations of the legislator and how much they contradicted aspirations of the Jewish population in whole and its separate groups.

The methodological base of research is constituted as the general, and by special scientific methods. To the general scientific methods applied at carrying out of the present research, the analysis, synthesis, an induction, deduction, comparison, abstraction, system and structurally functional approaches, modelling concern. Chronological (historical), legallistic, rather-legal methods, a periodization method concern special scientific methods.

The empirical base of research can be divided into some blocks of materials.

First, it is the normative acts which were accepted in Russian empire at various levels of the government: nominal decrees of emperors, decrees of the Senate, the order of the central departments (first of all the Ministries of Internal Affairs and the Ministries of spiritual affairs and national education), normative acts of governors and deputies of provinces, etc. the Most part of the analysed legal acts is included in Full meeting of laws of Russian empire; texts of some other legal acts which have not entered in PSZ, are restored on the copies stored in the state archives. The given sources are the cores at research carrying out as acts directly regulated a legal status of Jews, establishing, confirming or changing their rights and a duty.

Secondly, it is materials of the state archives (the Russian state archive of ancient certificates (Moscow), the Russian state historical archive (St.-Petersburg), the State archive of the Russian federation (Moscow)), in particular, documents of departmental correspondence, statistical data of audits podatnogo the population, the applications submitted to various state bodies, reports and reports of officials, projects of reforms, etc. the Given materials allow to judge, first, about the reasons and the motives which have led to formation of the operating legislation, and secondly to reveal legal and social consequences of application of this legislation.

Thirdly, it is the published memoirs and certificates of contemporaries, in particular, travelling notes of the foreign travellers visiting Russian empire during the considered period (E.Genderson, F.Miranda), memoirs of the Russian officials, which in one way or another met Jews owing to the official duties (A.N.Golitsyn, N.I.Mamayev, Item P background Getse, G.R.Derzhavin), memoirs of representatives of the Jewish intelligency (A.I.Paperna, L.Zeltzer). It is impossible to recognise historical reliability of these sources absolute, first of all because it is necessary to consider possibility of conscious or casual distortion of the facts authors of memoirs; nevertheless, it is impossible to deny research value of the data informed by direct participants of events, and estimations offered by them.

Fourthly, it is the internal norms applied by the Jewish communities for regulation of various questions of a life of Jews. The internal documentation of communities in which these norms have been fixed, registered in a Hebrew and practically was not published, why was out of sight of the majority of researchers. Nevertheless there is a published collection pinkosov Lithuanian vaada, i.e. the collection
Decisions of congresses of representatives of Lithuanian Jewish communities XVII-XVIII centuries the Analysis of this document allows to constitute objective enough representation about own sight of Jews at some of those questions which to some extent came into the view of the Russian legislator.

Owing to that the Jewish question on an extent more than is two centuries in Russia ostroaktualnym, thousand have been devoted corresponding themes, and is possible, and ten thousand various publications. However topical character of a problem had also an underside: the considerable part of works had publicistic character or has been devoted the analysis modern to the author of a situation. Historical and furthermore istoriko-legal aspects of this question, especially with reference to the period considered in the present dissertation, were shined rather infrequently.

Nevertheless, among the researchers addressing to a theme of history of the Russian Jews of the period of the end XVIII - the beginnings of XIX centuries, it is possible to name E.K.Anishchenko [3], S.A.Bershadsky [4], M.Vishnitsera [5], JU.I. Giessen [6], N.N.Golitsyn [7], N.D.Gradovsky [8], S.M.Dubnova [9],
J. D.Kliera [10], M.I.Kulishera [11], I.Levitatsa [12], F.I.Leontovicha [13], the Item

Mareka [14], V.A.Matseevskogo [15], A.I.Miller [16], O.J.Minkinoj [17], I.G.Orshansky [18], D.Z.Feldman [19].

However, despite presence of the listed researches, this theme it is impossible to consider settled. Highly appreciating scientific value of these works, it is necessary to recognise, that the lines were to some extent inherent in all of them, allowing to speak about necessity of the further researches for this area. So, works of pre-revolutionary researchers were created, as a rule, in the general channel of public polemic on the Jewish question and consequently doubts in objectivity and scientific impartiality of their authors which or were engaged in apologetics of the state Antijewish policy of the end are especially proved
XIX - the beginnings of XX centuries, trying to find to it the justification in events of century prescription (as N.N.Golitsyn, the official of the Ministry of Internal Affairs, whose research has been spent under the direct state order and it is published for office using) or, on the contrary, developed a discourse representing Jews as victims of regular unreasonable oppressions from the authorities (as JU.I. Giessen and S.M.Dubnov which were prominent representatives of informal Jewish social movements).

Foreign authors, whose interest to this theme was issued during an epoch of "cold war», for the political reasons have been deprived access to primary sources and have been forced to build the researches only on reconsideration of the facts known for it from published before works. On the one hand, it led to interesting results, forcing them, for the lack of other ways, critically to reinterpret another's theories (as it has made, for example, B.Natans who built the reasonings according to the theory that disablement of Jews was only one of display of the general lawlessness of citizens of Russian empire [20]) or to pay attention to the material which has been insufficiently in detail analysed by their predecessors (as J. D.Klier who has devoted the extensive chapter to consideration of projects of the Jewish reforms which only were fragmentary mentioned earlier by scientists, but did not become a subject of the complex analysis). On the other hand, the impossibility to receive a new empirical material inevitably limited not only faktograficheskuju base, but also subjects of researches, so, and character of received conclusions.

Many researches devoted to history of the Russian Jews as a whole, attached insufficient significance to a time stage considered in the present dissertation, concentrating basically on the latest periods, when legislative regulation
It was carried out it was more actively and more plentifully shined with contemporaries of events. Because of it has not received sufficient illumination variety of the important problems concerning, in particular, of a legal status kagalov, the internal taxation of the Jewish communities, chinshevyh legal relations of rural Jews and landowners, the class status of Jews, etc. Besides, the majority of works in this area has been prepared by historians who did not pay special attention to actually legal aspects of problems considered by them.

Rather recently on a legal status of Jews of Russian empire in Rostov-on-Don G.A.Kozlitina's master's thesis has been protected and on its basis the monography [21] is prepared, and in Nizhni Novgorod V.V. Egorov's monography [22] has been published. However in G.A.Kozlitina's work till 1825 the small part of rather small volume (131 is devoted the period only with.) Besides as the author does not lean against archival sources, the monography does not enter into a scientific turn new data. V.V. Egorov's monography also gives the basic attention to later periods of legal regulation, and the considerable part of the important acts either is not mentioned at all, or analyzed insufficiently in detail; besides, as the basic source on the given period standard legal acts are used, and some documents of regional archive are involved only for illumination of the status of Jews in the end of XIX - the XX-th century beginning. Besides it, positions of the author of the present dissertation do not coincide with sights of the above-named scientists that allows to approve: the present research possesses scientific novelty.

The dissertation was discussed on faculty meeting of history of the state and the right of faculty of law of the Moscow State University of M.V.Lomonosova. Separate positions of the dissertation have been stated in the report at conference of students, post-graduate students and young scientists "Lomonosov-2010".

The theoretical and practical importance of work consists that materials containing in it, and also the drawn conclusions can be used for teaching of courses of history of the home state and the right, history of Russia, and also the interdisciplinary courses, the devoted themes or to other aspects of the theory and history of international mutual relations. Work positions can be considered by working out of regulatory legal acts, at state policy formation on an ethnic question.

On protection following positions are taken out:

1. By XVIII century practically on all European space including in Speech pospolitoj, Jews had the specific status distinct from other citizens. This principle has been apprehended also by the legislation of Russian empire after inclusion in its structure of the former Polish territories occupied by Jews.

2. The legal status of the Russian Jews from the moment of occurrence to Russian empire differed a duality: on the one hand, they were allocated in special group of the foreigners allocated with the special rights and duties in sphere of self-management, moving on state territory, executions of the state duties, etc.; on the other hand, they could be equal in some cases under the status to natural inhabitants.

3. It is impossible to speak about presence at the government throughout all considered period of any accurately formulated program of actions concerning the Jewish population. In the end of XVIII - the beginning of XIX centuries the state policy on the Jewish question was inconsistent, the purposes and problems of the legislator throughout this period repeatedly changed. It is possible to allocate following stages of development of the legislation on the Jewish question. In 70th of XVIII century considerable changes have not been brought in the legal status of the Jews which have developed in Speech pospolitoj before transition of Jews in the Russian citizenship some. In 80th for a short while was the course on gradual equating of the status of Jews with the status of citizens-Christians is taken. Last decade XVIII centuries have been taken the discrimination measures which have essentially worsened position of Jews (an establishment of line of settled way of life, introduction of a double tax, restriction in participation in municipal government). Throughout time of board of Paul I, and also first half of board of Alexander I (till 1815) incentive measures concerning categories of Jews approved by the government were combined with enough tough policy concerning those Jews which employment were considered as the state not approved and useless. By the end of board of Alexander I restrictive prohibitive tendencies have again prevailed.

4. The major factors influencing an establishment of a special legal status of Jews, were: preservation of traditions of the Russian and polsko-Lithuanian restrictive Antijewish legislation; an economic competition of Christian and Jewish merchant class; aspiration of the state to carrying out of moderate reforms.

5. During the considered period preservation of legal isolation did not cause discontent from a great bulk of the Jewish population which overwhelming majority did not state
Any interest in integration into a Christian society also supported ideas sotsiokulturnoj and a legal autonomy of the Jewish communities.

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A source: ABAKUMOVA Evgeniya Vladimirovna. the LEGAL STATUS of JEWS In RUSSIAN EMPIRE In the end of XVIII - the BEGINNING of XIX CENTURIES the Dissertation on competition of a scientific degree of the master of laws. Moscow - 2014. 2014

More on topic Introduction:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION