Оценка законности отречения Николая II

Abstract

This article studies the historical and legal aspects of the abdication of Nicholas II. It examines the question of whether his declaration of abdication met the requirements of the legislation of that time and what violations, if any, were committed during its drafting. The paper analyses the laws of the Russian Empire stipulating the powers of the emperor and the State Duma as well as describes the situation in Russia after the Manifesto of October 17, 1905 – a precursor to the Empire’s first Constitution – was issued. As a result, the emperor’s power to change legislation was significantly limited by both the Manifesto and the Russian Constitution of April 23, 1906. Further, the paper studies the legal aspect of the abdication, as well as the possibility of abdicating in favour of a certain candidate: Tsesarevich Alexei or Grand Duke Michael. The author claims that, since the Russian Constitution of 1906 had no provision for abdication of the ruling monarch, this could only be implemented through adopting a new fundamental law. Moreover, an abdication on behalf of the heir (Tsesarevich Alexei) was also impossible from the legal point of view, the only legitimate course of action being to follow the Law of Succession of 1797. The abdication in favour of Grand Duke Michael is seen as illegal due to the fact that in this case the Law of Succession of 1797 with subsequent amendments was violated. This allows us to assume that the document of abdication was drawn up by a group of conspirators who had been preparing a coup d’etat. In addition, a comparison is made between the process of abdication of Nicholas II and a similar precedent in the British history of the 20th century, when the abdication of King Edward VIII was formalized.