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§ 3.2 Legislative activity in III—VII sessions of the State Council

Among bills which have been accepted by general meeting of the State Council taking into account opinion of the academic group during the specified period, first of all attract attention the questions entering into sluzhebno-professional interests of members of the State Council from the academic selective curia, namely education questions.

Not by hearsay knowing about formation problems, they often had to rise on a tribune of high meeting, and, without dependence from their ideological preferences, to defend interests as formations as a whole, and separately taken scientifically-educational institutions, [364] thereby have caused special interest for the present research.

Question on an elementary education. Representatives of the academic group of the State Council at session on April, 30th, 1908, supporting the bill of holiday of money resources at a rate of 6,9 million roubles, have expressed a wish of the prompt entering into the top legislative chamber of the law on urgent introduction of general education in Russia. [365] on March, 16th, 1912, from the third attempt, the State Council, at last, has started its discussion. [366]

In general meeting the given bill has met criticism only from the left group; in its structure the academic group protested. The attention is deserved by the amendment signed by five members State
Council, which put distribution of formation to dependence on desire of rural and volost societies to a law damage (in State Duma edition) which contained position about general and universal distribution of formation by as A.V.Vasilev was expressed, «compulsions of parents to a giving to their children of formation». Such amendment categorically did not suit the academic curia. After A.V.Vasilevym the disagreement, professor M.M.Kovalevsky has expressed. [367] They were unique who publicly objected to the prospective amendment. Therefore not without justification it is possible to assume, that thanks to the persevering argument of the above-stated members of the academic group against the amendment of five members of the State Council it has been denied (with a difference only in 9 voices). [368]

As a whole, the bill which has left the State Duma, has been accepted in edition of the special commission though in it, - on A.V.Vasileva's expression, - «does not remain almost anything, or remains very little». [369] As has fairly noted A.P.Borodin, the commission has made everything to arm the governmental power with all necessary means not only for supervision of schools, but also for a management of elementary education business. The idea of wide independence of bodies of public self-management in school business has appeared absolutely

370

The unacceptable. [370]

Question on opening of university of A.L.Shanjavsky. Convincing enough were speeches of the academic group of the State Council at bill discussion «About the position statement about the Moscow city public university of A.L.Shanjavsky». Members of group considered by us, and also A.F.horse sympathising them hotly paid compliments a bill, the past it is a lot of instances, before
To get on consideration to the State Council, since a municipal duma, and have called for its prompt statement. The bill has been accepted by overwhelming majority of voices «in all set» in State Duma edition. [371]

Question on clearing of the St.-Petersburg seventh grammar school from annual payments in treasury.

Being it is close familiar with problems of shortage of means in grammar schools, a word at discussion of the given bill took a member of the State Council from V.A.Afanasev's Jurevsky university. The senator consisting in the stay by the chairman of parental committee of the Jurevsky grammar school, has convincingly stated an urgency of the State Council which has arrived on consideration of the bill, [372] then overwhelming majority of structure of the upper chamber without discussion it was

373

It is accepted. [373]

In the performances, at discussion of problems of formation, members of the academic group tried not to be limited to frameworks of this or that bill, but tried to bring up problems indirectly mentioning a discussed question. It promoted not only to detailed consideration of the offered bill in the upper chamber, but also actualisation, carrying over of some problems of educational institutions of Russian empire on nation-wide level.

So was, for example, at bill discussion «About holiday from means of treasury of the additional credit for preparation of professors at universities». Not objecting radically against the sum assumed on the statement, representatives of the academic group of the State Council of V.A.Afanasev and A.V.Vasilev, have concerned
The general university problems, such as: the problem of shortage of professors, position of young men prepared for a professorial rank etc. Besides a material aspect of the given question have mentioned also a coordination component of the ministry of national education and «professorial boards» in business of improvement of preparation of persons, intended to occupy chairs. [374]

A.V.Vasilev was the lecturer of the bill «About establishment in the city of Novocherkassk of the Don polytechnical institute and about an establishment of time staff of this institute». In the report the professor of the Kazan university, resulting statistics, spoke about sharp shortage in the country of experts in agriculture and recommended to accept a bill without changes. Whether [375] it is necessary to mention, what the State Council has followed this recommendation?

Question on transformation of statistical courses. It is necessary to note also activity of representatives of a science as a part of the State Council, in the form of so-called subcommittees on the questions, special knowledge demanding from its members. Participation of professors - full members of Council in one of such subcommittees, has resulted in N.A.Zverev's performance. He has noticed, that by consideration of the connected commissions financial and bill legislative proposals «About transformation of statistical courses to statistical institute and about an establishment of time staff of this institute» the special subcommittee «as a part of former and present professors» for discussion of programs of teaching and some special questions has been allocated from this environment.

The important changes brought in the project of the above-stated law became result of their activity. First of all, the teaching program has been reviewed; the Duma project has been added by new subjects: bases of higher mathematics and the mathematical statistics, the logician, «insurance and estimated business»,
Commercial law, the financial right, etc. In this connection term of training from three till four years has been increased also. The rights ended a course at statistical institute have been equal to the rights of graduates of universities. The commission has considered necessary to enter also paid training. Thus, at direct participation of deputies-professors the bill has undergone considerable change to the best and in such kind has been brought for discussion general meeting of the State Council where has not met a special obstacle for its approval. [376]

Question on female formation. On May, 21st, 1911 the State Council has started discussion of the report of the connected commissions financial and legislative proposals on business «About tests of female persons in knowledge of a course of higher educational institutions and of an order of acquisition by them of scientific degrees and a rank of the teacher of grammar schools». [377] Lecturer under the given bill had been appointed M.M.Kovalevsky who on the basis of the analysis of similar problems of the western countries, has supported urgent legislative registration of the given question. [378] as a whole, the bill has not caused special disagreements at discussion on general meeting of the State Council. M.M.Kovalevsky only has been once forced to enter for the bill developed by the connected commission on V to its department to which ten members of the State Council it was offered to make some amendments. However the offer it has been dismissed by the majority of general meeting. Thus, the bill with insignificant amendments has been approved by the State Council and transferred in the comission of conciliation. [379]

Question on improvement of a financial position of teachers of average educational institutions. Huge members of the academic group betrayed «vital value» to the bill «About improvement of a financial position serving in average general educational man's educational institutions». D.I.Bagalej
Specified in necessity of acceptance of the given bill because operating states of the specified educational institutions were not updated about 50 years. It, as he said, has directly affected not only financial condition of teachers, but also on «school». Because of the forced teaching in other educational institutions, loading has sharply increased by teachers that has in inverse proportion affected teaching level. [380]

Question on opening of the Moscow and Kiev commercial institutes. On April, 30th, 1912 the State Council considered bills «About the statement of Position and staff of the Moscow commercial institute» and «About the statement of Position and staff of the Kiev commercial institute». The lecturer of the special commission of the State Council about the given bills was A.V.Vasilev who having designated the general bases of prospective bills, asked «that the State Council has supported these two higher commercial institutions obliged by the origin to the private initiative». We will notice, that the bill of special censures from general meeting of Council has not caused and has been accepted, entirely, in edition of the special commission. [381]

Question on new staff of Imperial academy of sciences. On June, 22nd, 1912 on general meeting of the State Council the report of the financial commission on the bill brought from the State Duma «About an establishment of new staff of Imperial Academy of sciences and Position about printing house of the same Academy» was considered. And again the lecturer had been selected A.V.Vasilev. The bill, as he said, in the environment of the commission has not caused special disagreements. At the same time, he has noticed, that the majority of the commission with a difference only unanimously, the amendment, «not supposing persons of a female on the posts connected with duties of administrative character» has been brought. As the lecturer, has considered A.V.Vasilev not permissible for itself to result arguments of minority of the commission to which number it belonged. However it has resulted
Rather considerable argument, not in favour of opinion of the majority. A.V.Vasilev has specified, that in case of acceptance of the given amendment Duma dissolution can prevent introduction of states.

Other member of the academic group specified in necessity and "haste" of acceptance of the bill for Duma edition - D.I.Bagalej also. Having specified in heavy financial condition of Academy of sciences, he, at the same time, has paid attention to that, «that the expense on increase in salaries of staff of academicians is estimated extremely to the modest sum» therefore asked to approve the State Duma bill, «that these states could be entered immediately». [382]

The special attention is deserved, in our opinion, by occurrence in the project of states of new branch - legal and economic about what on behalf of the commission the lecturer has stated a wish. [383] opinion of the colleague was supported by M.M.Kovalevsky. In the speech the orator has especially paid attention of general meeting to necessity of creation at Academy of sciences of new branch, «devoted to sciences economic and legal», having suggested to support the corresponding

384

The commission offer. [384]

The bill, despite some divergences in the commission, has not caused, however, contradictions at discussion on general meeting of the State Council and has been accepted in Duma edition. [385]

Question «About granting to council of the Moscow agricultural institute of the right to erect in scientific degrees of the master and the doctor». On June, 11th, 1912 for discussion in general meeting of the State Council the given bill replacement of vacant posts of professors of agricultural institute corresponding was which main objective has been put
Scientific doctors or masters of sciences according to the institute charter. However already on preliminary discussion of fundamental principles of the bill it has caused the serious criticism in the same subject, as from the right members of the State Council, and representatives left.

More than ten right suggested to return business in the commission of legislative proposal for the further all-round studying as, according to A.S.Stishinsky, will lock to occupy vacant professorial posts at institute «much easier and more conveniently to eliminate». [386] But, after performance of the representative of the left wing of the State Council - M.M.Kovalevskogo, offering to reject the bill as a whole, right have changed the decision and have joined opinion of the academic group. M.M.Kovalevsky has underlined, that «we should value and other beginning - that the speciality was preceded by wide theoretical preparation, we should value, at last, and that scientific degrees stood out, first of all, for theoretical knowledge, instead of for applied». [387] After such statement right, supported A.S.Stishinsky, have changed the decision and have suggested to pass to article by article consideration of the bill. However, despite support of the bill by the director of Department of agriculture and slobodchikov, general meeting needed to carry motion M.M.Kovalevskogo, and the bill has been dismissed. [388]

Except the above-stated questions of formation, interest, in designated by frameworks of the present paragraph the period, have caused a number of bills which decision was affected by opinion of the academic group in the field of the government and a state policy accepted for discussion in general meeting of the State Council.

Question on struggle against drunkenness. As the legislative leadership, signed by 31 members of the State Council, in the upper chamber has been brought
Bill «About the new organisation popechitelstv about national sobriety» which offered decisive steps in business of struggle against drunkenness. The academic group hotly paid compliments the given way of carrying out of sights of supporters of struggle against drunkenness and has actively supported substantive provisions and the conclusions constituted by group of members of the State Council. [389] some kind of a way of struggle against the drunkenness, practising a number of foreign countries, M.M.Kovalevskim has been offered. Its essence consisted in introduction in educational institutions of certain quantity of lectures about harm of drunkenness. The given offer was not only is supported by overwhelming majority of members of the top legislative chamber, but also each time at discussion in the State Council of questions connected with national education, constituted the special appendix of this or that bill.

The bill «About Position application about provincial and district zemskih establishments on June, 12th, 1890 to provinces Vitebsk, Volynsk, Kiev, Minsk, Mogilyov and Podolsk». [390] Given bill the government as researchers mark, pursued three problems: to give Russian representation of edge in the State Council, to organise zemskoe an economy and to provide prevalence of Russian in the western provinces. [391]

The academic group was against creation of national curia and voted for a bill deviation as a whole. [392] for them as, however, and for the majority of members of the State Council, national curia were unacceptable, first of all, because of a threatening aggravation of national contradictions not only in six western provinces, but also on all country. [393] even in debate under M.M.Kovalevsky's given bill has expressed common opinion
Groups which was reduced to the following: «the hot supporter of a zemstvo as one of means of rapprochement of different nationalities, followers of various creeds, members of various classes of a society, I, in too am a high time, I will give the vote against transition to article by article discussion of the forthcoming bill as from this mission of a zemstvo at all does not execute». [394] Opinion of group has been once again confirmed on final debate under the given bill.

As a result, not without participation of representatives of the academic group of the State Council the given bill has been paralysed. Together with Poles as researcher A.P.Borodin marks, the group of the centre and 28 members of a Right-wing group, had been solved destiny of the bill. In Council session on March, 4th, 1911 when 92 voices against 68 meeting has dismissed article 6 about division of voters on national curia ». [395] As a whole, the given bill, after its discussion in the State Council, has been dismissed. [396]

Thus, the bill of the western zemstvo, in that form in which it has arrived on consideration in the State Council, for upper chamber large majority including the academic group, it has appeared unacceptable. In it, in quite fair opinion A.P. Borodino, the passage history through the State Council of bills of distribution zemskogo even more convinces positions of 1890 on others nezemskie provinces. [397]

The question on creation of Holmsky province is remarkable. Interest, besides other, is caused by that some divergence of sights in the academic group on the general sense of the given question sees.

It is known, that the academic group supported equality of nationalities. [398] at the same time D.I.Bagalej approved the Antipolish projects about creation of Holmsky province. [399] expediency of this question of D.I.Bagalej proved on the statistical data speaking about progressing of process «opoljachenija and okatolichenija» malorosskogo the population living in Holmshchine. As counter-measures he called for assistance to local population from the government in upholding of its Russian nationality and familiarising with Russian culture. In particular introduction in churches of divine service and sermons in Russian, its teaching at schools gradually, since malorosskogo adverbs. [400] it is necessary to notice, that in article by article discussion members of the academic group of the sights have not developed. The bill has been considered without participation of the specified group of members of the State Council.

It is necessary to note and some questions from area of civil matters in which discussion have accepted the most live speed up members of the academic group.

Question on insurance of workers. On behalf of the left group at Council session on May, 7th, 1910 have acted as A.V.Vasilev and M.M.Kovalevsky thanks to whom the given bill nevertheless has been put for article by article discussion
In general meeting of the State Council contrary to opinion of its opponents which in the special commission there was a large majority. [401]

In M.M.Kovalevsky's report, has in details consecrated, against a legal status of workers of France, Germany, England, Belgium, a question on position of Russian workers. On the basis of such analysis, it has come to conclusion about an imperative need of legal fastening of questions of insurance of workers. In a substantiation of the position in relation to workers of the domestic enterprises he also referred to authority of one of supporters, according to M.M.Kovalevskogo, liberal reform «a factory life and a working question» - academician I.I.Janzhula heading in the end of 19 centuries a post of the factory inspector of the Moscow district. [402]

In the beginning of the sixth session the State Council has started bill discussion «About the copyright». The lecturer of the special commission where the given bill has preliminary been considered, has been selected D.D. The Grimm. In capacious enough performance the lecturer has stated substantive provisions of the report of the commission, and also arguments on separate questions as majority of the special commission and opinion of opponents of separate positions of the designed law. Debate under the bill proceeded some sessions. [403] however as a whole the bill, not without diligence of the basic lecturer on it, has not undergone to essential changes. D.D. The Grimm has excellent defended the positions developed by the special commission and, despite active diligence of separate members of the State Council, including A.F.horse, N.S.Tagantseva, V.I.Sergeevicha, the bill has absorbed only some amendments (mainly editorial), and only what were ugodny to the lecturer. Unique time to opponents was possible to bring doubts in the project of the special commission on item 4 item 2 mentioning copyrights of Russian citizens. Under the insisting of 10 members of the State Council given article,
It has been transferred to additional consideration in the commission. [404] at the same time D.D. The Grimm managed to spend some reasons under the discussed bill, also editorial character. [405] D.D. The Grimm having taken advantage of the status of the lecturer, together with minority of the commission have signed separate opinion with reduction term of inheritance of copyrights with 50 till 30 years. However the State Council has supported opinion of the majority of the commission. [406]

As it has been specified above, a bill «About the copyright», without essential changes has been accepted by upper chamber general meeting. Transferred then in the comission of conciliation, the given bill has definitively been approved «in the State Duma statement» on April, 11th, 1911 at 27 session of Council. [407]

Question on inheritance of persons equal in rights female and male. On February, 8th, 1912 the State Council has started discussion of the report of the Commission on Legislative Proposals under the bill «About the equation of persons of a female in rights of succession under the law with males». The bill has caused brisk debate. Presiding over session of the State Council tried to pledge alternately a word acting pro's and con's discussed bill.

The academic group voted for transition to article by article discussion of the given bill. In D.I.Bagalej's performance, having spent historical, partly the legal analysis of the given law, has come to conclusion, that the further bases of its action in that kind in which it existed from the moment of occurrence, no. The origin of this law has been genetically connected with pomestnoju sistemoju landed properties of the Moscow state. «At that time could not be and speeches about inheritance of persons of a female
In pomestnom landed property.... For it had conditional character, and has been narrowly connected in compulsory military service serving ». For a share of persons of a female subsequently it began to be allocated only so-called prozhitok. With disappearance of a former pattern of ownership on the earth as consequence« destructions of compulsion of service for nobility »as considered D.I.Bagalej, should disappear and a historical link in due course its acceptances. However this principle,« in primitive archaic edition », has been transferred to the beginning of XIX century to the Code of laws. That is why D.I.Bagalej suggested to refuse it.« Its reason and its spirit have very long time ago disappeared and, hence, should disappear, of course, and its form ». [408] rose on M.M.Kovalevsky's tribune in support of the colleague of their group Twice, calling members of general meeting to give the vote« for a reason state polz and needs ». After such some kind of parting words the further consideration of the bill in general meeting of the State Council occurred without participation of members of the academic group.

The lecturer of the special commission on a question «About maintenance of workers on an illness case» had been selected D.I.Bagalej. Having designated bill general provisions, he on behalf of the commission, asked to pass to article by article discussion. [409] long debate has caused the bill item 8, saying: «medical assistance is given at the expense of owners of the enterprises». Opponents of the project of the special commission made tribunes with speech about an exception of given article and about transfers of the project of article on additional consideration of the commission. D.I.Bagalej supported by some members of general meeting, including, the minister of trade and the industry, has resolutely confuted the given opinion, having supported, thus, opinion of the commission in favour of article 8. [410] Article has been kept.

Further D.I.Bagaleju was necessary to protect positions of articles 46-50 of the bill, which, with insignificant drafting amendments, also

411

It was possible to defend to the lecturer. [411]

In a question «About insurance of workers upon accidents» the academic group in person D.I.Bagaleja and M.M.Kovalevskogo managed to make the amendment to article 32 increasing quantity of the working days in year from 270 days to 280. In a substantiation of the position they have put the following argument: «it is necessary to be guided by those or other figures at calculation of norms of grants which will stand out insurance associations, hence, this difference in itself insignificant, for workers will have serious value». [412]

D.D. The Grimm, at support AD SHmemana, has spent the amendment to bill article 95. [413] thanks to the given amendment article has included the general requirement of the law on inadmissibility of elimination of the persons occupying elective offices of the member of the board of hospital cash desk at attraction to preliminary investigation. In that case to factory inspection ranks, the right temporarily to discharge of a post of members of the board is given.

As we see, and this bill has undergone to considerable changes which managed to achieve to representatives of the academic group of the State Council, despite their small amount as a part of the upper chamber.

The bill «About the building tenancy», arrived of the Duma has been changed in the special commission of the State Council. [414] basically the academic group has agreed with amendments of the special commission, but on some questions, nevertheless insisted on State Duma edition. At the discussion, for example the second part of item 2 of a department of I bill, D.D. The Grimm offered, contrary to opinion of the majority of the special commission, to return to the project of the Duma and to establish possibility of creation by the builder «the rights of participation private» (to establish
Easements), without restriction by the consent on it of the proprietor. [415] M.M.Kovalevsky in favour of the given opinion has resulted endurances of the legislation of France and Germany. [416] however Council traditionally remained is true to opinion of the majority of the special commission, the amendment has been dismissed. [417]

Further also D.D. The Grimm insisted on the Duma edition of item 6 of the considered bill and offered the amendment restoring positions of the Duma bill on which, the building tenancy extended not only on so-called nadelnye the earths, but also on army and stanichnye. [418] Commissions, on the contrary, suggested to exclude from a bill last two kinds of the property, referring on haste of conclusions of the Duma in a question, demanding special working out. The commission project did not interfere, however, with entering, "in proper order", the separate bill on this question, but within the limits of the considered bill

419

Had the limited distribution. [419] council again denies the amendment of the left wing.

Nevertheless, D.D. The Grimm nevertheless managed to introduce some corrective amendments in the project of the special commission. Changes have concerned item 9 of the discussed bill. Thanks to amendment D.D. The Grimm, positions have been excluded from it representing, as he said, «some restrictions which would connect in business of delivery of permissions Pravitelstvujushchy the Senate». [420] State Council, despite opposite arguments of the lecturer of the special commission on the given question, recognised amendment D.D. The Grimm worthy, and article 9 has been modified. [421] on the same bases, under offer D.D. The Grimm, article 10 point 1 has been excluded

422 bills. [422]

421

422

Despite support by the majority of the commission and members of the academic group of State Council D.D. The Grimm and M.M.Kovalevskim of a department II of the given bill, it has been dismissed in all set by general meeting of the State Council. However it is necessary to notice, that D.D. The Grimm has been selected in the comission of conciliation from the State Council about the given bill, and, subsequently, voted for the bill developed as a whole by chambers which have arrived on re-examination in Council. [423] bill, including, together with its second department nevertheless has been accepted (with a difference of all unanimously). [424]

Besides resulted above the questions considered by the State Council in work of the third State Duma, the academic group participated in the active image in discussion of bills of cancellation podushnoj taxes in Romania under the special name «Gathering on the maintenance of means of communication», «About conditional parole», about inviolability of deputies, «About old believe communities», about additions of some decisions of the law in force, concerning country landed property and land tenure (the so-called decree on November, 9th, 1906) About probation introduction, «About distribution of action of Position about zemskih establishments on the Astrakhan province and also Orenburg and Stavropol», also the bill of zemstvo introduction in the Tobolsk, Tomsk both Yenisei provinces and Transbaikalian, Amur and Seaside areas, «About the Finnish laws», «About local court transformation», «About change of an order of consideration and execution of the state list of incomes and expenses, and it is equal about manufacture from treasury of expenses, a list not provided», «About transition from one confession of belief in another», «About the higher initial schools», etc. Thus, we can be convinced, that the academic group has accepted the most live participation in legislative activity of the State Council, in which
The considerable quantity of laws was accepted taking into account opinion of deputies from akademiko-professorial boards.

In acknowledgement of the conclusions we once again will result the fact of participation of members of group investigated by us in subcommittees on especially important questions, knowledge demanding from their members of formation questions. The given form of participation was characteristic not only for members of the academic group, but also for other senators - specialising in those or other areas depending on a case in point, but, nevertheless, it has appeared the history of the State Council underestimated by some researchers, including taking away an insignificant role to group of deputies of the elite from the academic selective curia in upper chamber work.

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A source: ARCHEGOV Soslan Batrazovich. the ACADEMIC GROUP of the STATE COUNCIL (1906-1917): ISTORIKO-LEGAL RESEARCH. The dissertation on competition of a scientific degree of the master of laws. St.-Petersburg - 2016. 2016

More on topic § 3.2 Legislative activity in III—VII sessions of the State Council:

  1. the Chapter III. LEGISLATIVE ACTIVITY of the ACADEMIC GROUP In I-XIII SESSIONS of the STATE COUNCIL
  2. § 3.1 Legislative activity in I and II sessions of the State Council
  3. § 3.3 Legislative activity in VIII-XIII sessions of the State Council
  4. H. AHTENBERG, etc.. STATE LAW of Germany. Volume 1. The reduced transfer of the German seven-languid edition Moscow, ISBN 5—201—01286—3 © — Institute of the state and the right of the Russian Academy of Sciences, 1994, 1994
  5. of FARNIM, etc.. STATE LAW of Germany. Volume 2. The reduced transfer of the German seven-languid edition. ISBN 5—201—01291—4 © — institute of the state and the right of the Russian Academy of Sciences, Moscow, 1994, 1994
  6. § 1.1 Idea of corporate representation of scientists in the State Council and its legislative registration
  7. 3.1 Evolution of the State council as state body and change of principles of its formation
  8. § 4.5. The report of sessions of the court and the Rule of the organisation and activity of Court of the Euroasian union
  9. § 2.1 General characteristic of a legal status of the Academic group as elective members of the State Council
  10. the State Council and bank reform.
  11. the appendix 9Выписка from the report of session of Presidium Tokaryovsky RIKot 15/III—30
  12. the Appendix 5. The left group of the State Council. [542]
  13. § 3. State system questions in State Duma III-IV of convocations
  14. the Appendix 4. The academic group as a part of standing committees of the State Council. [537]
  15. the Appendix 6. Other members of the State Council - scientists. [545]
  16. about mechanisms of the Council of Europe in a context of protection of human rights from activity of corporations
  17. THE CHAPTER I. FORMATION OF THE LEGISLATION ON THE ACADEMIC GROUP OF THE STATE COUNCIL