Peasant Reform Research Articles

Peasant reform of 1861 in Mozhaysky Uyezd in the memoirs of Countess P. S. Uvarova (1840–1924)

This article refers to the memoirs of Countess Praskovya Sergeevna Uvarova as the source that sheds light on the peasant reform of 1861 in the Uvarovs  family estate, as well as allows assessing the degree of participation of the representatives of enlightened society in the Great Reforms of 1860s–1870s, determines the impact of these reforms upon the personal story of the author of memoirs. Understanding the events of everyday life alongside the scale of the figure of Countess P. S. Uvarova of the selected source are valuable for reconstructing the landmark events and processes in the country, one of which was the abolition of serfdom in 1861. The article employs biographical method to reconstruct the personal story of P. S. Uvarova and the historical events of that time through her emotional experiences. This opens a new perspective on the events of the past. Analysis of the source describes all the stages of the reform, from the announcement of the Manifesto of February 19, 1861 and response of the enlightened society, to the measures on land development is a single county through the prism of the direct participant of these events.

РОЛЬ ПРАВОСЛАВНОГО ПАРАФІЯЛЬНОГО ДУХОВЕНСТВА У ПРОВЕДЕННІ СЕЛЯНСЬКОЇ РЕФОРМИ 1861 Р. (НА МАТЕРІАЛАХ КИЇВСЬКОЇ ГУБЕРНІЇ)

Анотація. Мета дослідження – з’ясування на матеріалах Київської губернії ролі православного парафіяльного духовенства у впровадженні селянської реформи 1861 р. Методологія дослідження включає головні принципи системності, науковості, історизму, а також використання загальнонаукових методів аналізу, синтезу, узагальнення, порівняння. Наукова новизна роботи полягає у тому, що автори, використовуючи опубліковані та раніше невживані архівні джерела, матеріали періодичних видань, на прикладі Київської губернії показали значення православного парафіяльного духовенства у проведенні селянської реформи 1861 р. Висновки. В ході реалізації селянської реформи влада активно використовувала одержавлену Православну церкву для ідеологічної підтримки, адже її вплив на населення був значним. Діяльність парафіяльних священно- і церковнослужителів регламентувалась інструкціями центральної церковної та єпархіальної адміністрацій, які погрожуючи “суворою відповідальністю”, вимагали уникати довільного, а тим більше невірного пояснення маніфесту. В церковній періодиці (“Киевских епархиальных ведомостях”, “Руководстве для сельских пастырей”) для священнослужителів публікувалися зразки проповідей, присвячених цій суто світській події. Православному духовенству ставилось у обов’язок формувати позитивну оцінку аграрним перетворенням, сприяти “правильному” розумінню селянством реформи, виконанню повинностей на користь поміщиків, подавати її як турботу імператора. Особливо важливим завданням, яке зобов’язувалися виконувати парафіяльні священнослужителі, була боротьба з протестними настроями серед селянства, яке виявляло незадоволення грабіжницьким характером аграрних перетворень 1861 р. Православна церква, будучи частиною державного апарату, досить успішно виконувала завдання, що полягали у схваленні та благословінні селянської реформи, чого від неї так вимагала влада.
 Ключові слова: селянська реформа 1861 р., православне духовенство, поміщик, Київська губернія.

Discussion Aspects of the Establishment and Development of Serfdom in Russia (to the 160th Anniversary of the Peasant Reform of 1861)

Discussion Aspects of the Establishment and Development of Serfdom in Russia (to the 160th Anniversary of the Peasant Reform of 1861)

The Peasants of the St. Petersburg and Moscow Provinces after Abolition of Serfdom

The article examines the condition of the peasantry in the St. Petersburg and Moscow provinces in 1850–1890 against the background of the development of 50 provinces of European Russia as a whole. The aim is to test the adequacy of the concept of the agrarian crisis of the post-reform village, which occurred as a result of the unfair reform of the 1860s predatory towards peasantry. The article criticizes the dominant concept of the Soviet historiography, which is regarded as controversial in modern scholarship. The first part of the article assesses the dynamics of the standard of living of the peasantry based on the traditionally used data: firstly, on production factor and sources of income, and the degree of sufficiency of peasant incomes for normal life and, secondly, on anthropometric indicators. The analysis of anthropometric data is preceded by a methodological introduction, which explains the theoretical foundations of using the body length data and the technique and procedure of processing primary information to obtain an adequate picture. Special attention is paid to the interpretation of the results of anthropometric analysis, which poses a difficulty to classical historians. The analysis of traditional and anthropometric indicators characterizing the condition of the metropolitan peasantry of the capital and 50 provinces of European Russia leads to the conclusion: in 1861–1890, the standard of living of peasants in the capital provinces had improved, moreover, to a larger extent compared to European Russia as a whole. The agreement of the results of economic and anthropometric analysis enhances the reliability of the conclusion about the improvement of the welfare of the Russian peasantry during the first 30 years after the peasant reform.

“Head of the Chechen People”: Petr Bellik in the History of the Incorporation of the Highlanders to the Russian Office in the North Caucasus

The article is devoted to the features of the incorporation of horses in the Russian government system in Chechnya in the early 1850s — early 1860s. The author analyzes the experience of Petr Bellik on the management of Chechens, notes the controversial nature of the integration of the Highlanders to the Russian ethnocultural space, reveals the positive and negative aspects of the activities of the Tsarist administration in Chechnya. The process of incorporation in many ways contributed to the personal qualities of the head of the Chechen people who managed to create a positive way of power, the conditions for the adaptation of the Highlanders to civilian management and self-government, peasant and land reforms, social equality and peaceful classes.

Serhiy Zarudny: Reflections on the Anniversary

The article refers to the life and creative career of an outstanding lawyer, translator, statesman, senator, privy councilor of Ukrainian origin – Serhiy Zarudny. The overview of his official career is given. The life history of Serhiy Zarudny is hard work, honesty, patience, purposefulness. Serhiy Zarudny was born on March 17, 1821 in the village of Kolodyazne, Kupyansk district, Kharkiv province. In 1842 he graduated from the Faculty of Physics and Mathematics of Kharkiv University with a mathematician’s degree. However, the mathematician who dreamed to be an astronomer, by a twist of fate had to become a lawyer when he got hired by the Department of the Ministry of Justice. Thanks to his hard work, he quickly took a close look at Russian jurisprudence and began to study classical works of foreign legal literature. The lack of official legal education did not discourage S. Zarudny in any way – it was the area where he found his mission. In the Department of the Ministry of Justice, Zarudny served for almost 15 years holding various positions – from senior aide of the Head of the Department to senior legal adviser at the Ministry of Justice. He became an outstanding lawyer, translator, statesman, senator, privy councilor. He took an active part in the development of fundamental provisions of the Peasant Reform of 1861 and the Judiciary Reform of 1864. It is sad that later he had to observe the destruction of his life-work by reactionary forces. He remained steadfast to the last, defending achievements of the democratic principles in justice system and judicature.

Ставлення імператора Миколи ІІ до селянського питання у Російській імперії (1894–1917 рр.)

Introduction. As a result of the fact that the government of the Russian Empire implemented the policyof accelerated industrial development and that indirect taxes increased at the turn of the 19th – 20th centuries, thenoble and peasant issue in the state became aggravated. The nobles suffered from the loss of lands, and peasantswere deprived of them because of high prices for the land rent and high taxes. The procrastination and ineffectivenessof government measures to resolve the peasant issue resulted in an intensifi cation of political and social struggle, andthen its transformation into the peasant revolution.The historical literature covers in detail the specifi cs of the peasant issue in early 20th century, governmentpolicy to resolve it, peasant demonstrations and the noblemen’s problems. The attitude of the last Russian emperorMykola II to the peasant issue needs comprehensive studying as іt can reveal the causes and course of the peasantrevolution in the Russian Empire in early 20th century (until 1917).Purpose. The purpose of this study is to present the emperor Mykola II’s views and directions of his activities toresolve the peasant issue in the Russian Empire.Results. The authors identify main directions of the emperor’s activity concerning peasant issue which wererefl ected in his «Diaries»: methods of noblemen’s and peasants’ deputations, reaction to the manifestations of thepeasant revolution (1902, 1905–1906), evaluation of the Second State Duma and the acquaintance with the results ofStolypin land reform. The offi cial receptions of peasant deputations took place on the occasion of religious holidays,state events (celebration of the 200th anniversary of the Battle of Poltava, the 50th anniversary of peasant reform, the300th anniversary of Romanov family’s reign), important events for the emperor’s family etc. Peasant demonstrationsin 1902 in Poltava and Kharkiv provinces did not have a signifi cant impact on the monarch; although a year laterthe collective responsibility in the rural community was abolished. Under the infl uence of the revolution of 1905 themanifesto on the abolition of redemption payment was signed by the emperor (3 November, 1905) and the decree onthe sale of the part of the lands to the Peasant Land Bank was prepared (12 August, 1906). At the same time Mykola IIhad a negative attitude to the idea of separation of landlords’ lands, which was actively discussed in the Second StateDuma in the spring of 1907, and paid much attention to the reallocation of land and land management.Originality. Mykola II’s attitudes to the peasant issue in the context of the peasant revolution are studied forthe fi rst time.Conclusion. The emperor Mykola II did not react to the emergence of «confl ict of interest» issue among peasantsand landowners that needed an urgent solution in the early 20th century. The emperor expected to moderate landreform and never demanded the separation of landed property and its transfer to the peasants. Mykola II’s «Diaries»contain a lot of information about the emperor’s meetings with peasant deputations consisting of sergeant majorsand village chiefs. Besides, such events were offi cial and did not refl ect objective information about the mood of thepeasantry.The peasant uprisings of 1902 attracted the emperor’s attention, and the events of 1905–1907 provoked apainful reaction and contributed to the beginning of a new land reform. However, Mykola II avoided publicity on thelink between peasant demonstrations and changes in the public policy. «Don’t threaten!» – these words of P. Stolypin,according to the authors, can serve as a characteristic of Mykola II’s attitude to the peasant issue.

“White Planters” of “White Slaves”: the Nobility of the Left- Bank Ukraine on the Eve of the Great Reform

The article is devoted to the historiographical estimation of the participation of the nobility of the Left Bank Ukraine in the preparation of the peasant reform of 1861. An attempt is made to overcome the simplified ideas about the peculiarities of serfdom on the Left Bank and outlined the main ways to overcome historiographical inertia in the perception of noble-peasant interaction in the pre-reform period. The main focus is on identifying the basic stereotypes about the role and position of the nobility in the social transformations of the mid-nineteenth century. The position on the readiness of the social elite for the emancipation of the peasantry is substantiated. The author’s concept is based on the statement that in the analysis of the problems of serfdom it is necessary to take into account regional features. It is inappropriate to divide, as is usually done, the nobles into those who resisted the liberation of the peasants, and a few supporters of the reform. The author considers the mood of representatives of various groups of the nobility of the Left-Bank Ukraine on the eve of the reform of 1861, their positions are illustrated by various sources. The article emphasises that there is no need to generally blame those members of the regional nobility who did not want to unconditionally agree to the terms of the reform proposed by the government. During the abolition of serfdom, aristocratic reformers were outraged by the distrust, over-regulation, and guardianship of the imperial bureaucracy. They were convinced that this contradicted the very spirit of reform and the nobility’s idea of freedom of economic activity. This approach will help to avoid uniformity, involvement in the analysis of the actions of the nobility of the Left-Bank of Ukraine in the atmosphere of preparation and implementation of reform and will understand the pre-reform social and intellectual situation in its entirety.

Becoming Armenian: Religious Conversions in the Late Imperial South Caucasus

AbstractIn the nineteenth-century South Caucasus, hundreds of local farmers and nomads petitioned Russian authorities to allow them to become Christians. Most of them were Muslims and specifically requested to join the Armenian Apostolic Church. This article explores religious conversions to Armenian Christianity on Russia's mountainous southern border with the Ottoman Empire and Iran. It demonstrates that tsarist reforms, chiefly the peasant reform and the sedentarization of nomads, accelerated labor migration within the region, bringing many Muslims, Yazidis, and Assyrians into an Armenian environment. Local anxieties over Russian colonialism further encouraged conversions. I argue that by converting to Armenian Christianity many rural South Caucasians benefited from a change in their legal status, which came with the right to move residence, access to agricultural land, and other freedoms. Russia's Jewish communities, on the other hand, saw conversion to Armenian Christianity as a legal means to circumvent discrimination and obtain the right to live outside of the Pale of Settlement. By drawing on converts’ petitions and officials’ decisions, this article illustrates that the Russian government emerged as an ultimate arbiter of religious conversions, evaluating the sincerity of petitioners’ faith and how Armenian they had become, while preserving the empire's religious and social hierarchies.

Collective Political Portrait of Landlords of the Oryol Province

Within the previous work during the launch of the project “Implementation of the reform from February 19, 1861 in the Oryol province (experience of computer analysis of mass sources)” the topics touched upon were not only the ones which were based on the analysis of mass sources, but also some scenarios related to the aspects of the socio-economic situation in the region were developed. The work was continued, and some observations made during the preliminary study are given in the presented article. The key point here is the discussion of problems related to the “determination of the grounds” for the development of the position of the provincial nobility with regards to existing at that time correlation of interests between the supreme power, bureaucratic reformers and landowners. The author attempts to outline a collective portrait of the representatives of the landowning and agrarian-industrial local nobility of the Oryol province. This period in question was the peak of the political activity of the local nobility, a time when subjective and personal factors in the preparation of the peasant reform were fully manifested. The representatives of the Oryol nobility had different motives that determined their attitude to the upcoming abolition of serfdom. The study of a wide variety of differences in the views of the local nobility, the analysis of the factors that determined their views in these conditions, will help broaden the understanding of the foundations of the upcoming transformations and the level of historical responsibility of the main estate of the country.

Debates on the Peasant Question in the Nikolaevan Era

A large scholarly literature exists about plans for a peasant reform in the reign of Nicholas I. However, the most important archival documents about the debates on the peasant question remain unpublished. The new book by T. V. Andreeva “The distant approaches to the Great Reform: The peasant question in Russia in the reign of Nicholas I” seeks to fill this lacuna. The book begins with a historical survey of the six government committees that were tasked with planning reforms, followed by an extensive collection of archival documents of both official and private provenance. In the debates under Nicholas I, the specific problem of serfdom was folded into the larger question of the social position of the peasants, which the government regarded as a source of both political instability and economic backwardness. The solution that officials envisioned was a reform that was comprehensive, multi-faceted, and gradual. Step-by-step, the evolution that had led to creation of serfdom from the 17th century onward was to be reversed: the landlords were gradually to lose their power over the person of the serfs, who were to be attached only to the land itself. Eventually, the serfs were to be emancipated with land; in the meantime, restrictions on the power of landlords and a comprehensive reform of the state peasants were to serve as preparatory steps. According to Andreeva, the vision of Nicholas and his advisors was too limited and conservative, and premised on the mistaken belief that it was possible to modernize the country without touching the core of the sociopolitical system.

Structural and financial risks of land capitalization: lessons of domestic history

The article is devoted to the problem of the relationship between expected results and real institutional, structural, and financial consequences of agrarian reforms aimed at the capitalization of land. The purpose of the publication is to summarize the positive and negative experience of the peasant reform of 1861 on changes in the relations of ownership and land use in the budgetary and financial sphere and foreign economic activity. Research is based on the history-institutional methodology using tools of economic comparability, retrospective analysis, and historical reconstruction. It is defined that the opening of the land market and the creation of a system of mortgage land loans allowed to increase the share of private land ownership of peasants, but did not turn them into effective owners and did not solve the problem of peasant land. Rising land prices contributed to the development of land speculation and increased rents, encouraging the farmers to predatory land use and depletion of soils without increasing productivity. The capitalization of land and the expansion of the hired labor market contributed to economic growth, increased government revenues and expenditures, and overcame the chronic state budget deficit. At the same time, the credit indebtedness of peasants grew, while ransom payments depleted peasant farms, reducing the potential for capital formation and investment. The public policy of forcing grain exports and supporting large agribusiness allowed to replenish the gold reserves of the treasury, but also led to the impoverishment of farmers, reduced quality of the exported grain, increased share of fodder crops, and lower share of food crops and finished goods. Intensified international competition to expand the supply of cheap grain led to lower prices, weaker competitive position of domestic exporters, and the growing dependence of the economy on world markets for agricultural products, and the local agrarian business - on foreign capital. The article provides recommendations to the government about taking into account the historical experience in the implementation of modern agrarian transformations, in particular, comprehensive support for farming as the main link of agricultural production and the guarantor of food security of the country. Their implementation will help prevent the risks of over-concentration of land, the proletarianization of the peasantry and its mass migration to cities and abroad, growing environmental problems, and vulnerability of the economy due to increasing dependence on the world markets for agricultural raw materials.

Структурні та фінансові ризики капіталізації землі: уроки вітчизняної історії

The article is devoted to the problem of the relationship between expected results and real institutional, structural, and financial consequences of agrarian reforms aimed at the capitalization of land. The purpose of the publication is to summarize the positive and negative experience of the peasant reform of 1861 on changes in the relations of ownership and land use in the budgetary and financial sphere and foreign economic activity. Research is based on the history-institutional methodology using tools of economic comparability, retrospective analysis, and historical reconstruction. It is defined that the opening of the land market and the creation of a system of mortgage land loans allowed to increase the share of private land ownership of peasants, but did not turn them into effective owners and did not solve the problem of peasant land. Rising land prices contributed to the development of land speculation and increased rents, encouraging the farmers to predatory land use and depletion of soils without increasing productivity. The capitalization of land and the expansion of the hired labor market contributed to economic growth, increased government revenues and expenditures, and overcame the chronic state budget deficit. At the same time, the credit indebtedness of peasants grew, while ransom payments depleted peasant farms, reducing the potential for capital formation and investment. The public policy of forcing grain exports and supporting large agribusiness allowed to replenish the gold reserves of the treasury, but also led to the impoverishment of farmers, reduced quality of the exported grain, increased share of fodder crops, and lower share of food crops and finished goods. Intensified international competition to expand the supply of cheap grain led to lower prices, weaker competitive position of domestic exporters, and the growing dependence of the economy on world markets for agricultural products, and the local agrarian business - on foreign capital. The article provides recommendations to the government about taking into account the historical experience in the implementation of modern agrarian transformations, in particular, comprehensive support for farming as the main link of agricultural production and the guarantor of food security of the country. Their implementation will help prevent the risks of over-concentration of land, the proletarianization of the peasantry and its mass migration to cities and abroad, growing environmental problems, and vulnerability of the economy due to increasing dependence on the world markets for agricultural raw materials.

The agrarian question in the activity of the provincial nobility liberal front of northern Ukraine (80th ХІХ с.)

The aim of the article is to introduce into international scientific circulation "Journals of Congresses of Farmers of Chernihiv Province" - an important source on the history of the Zemstvo liberal movement in northern Left Bank Ukraine.The methodological basis of the work was content analysis, principles of scientific synthesis, generalization and comprehensiveness. The scientific novelty of the work is that, in fact, for the first time in historiography, the question of the urgent need to study the agrarian question in the activities of the provincial nobility Liberal Party of Northern Ukraine as an organic and integral part of economic policy of this political current in the liberation movement of the Russian Empire Reforms Conclusions. The author of the article came to the conclusion that the found "Journals of Congresses of Farmers of the Chernihiv Province" reveal the essence of the agrarian policy of the opposition aristocratic front of the region. Content analysis of magazine protocols shows that congresses of farmers, in the conditions of extremely short liberalization of public life of the Russian Empire in the early 80s of the XIX century, became an effective tool in forming the foundations of agrarian policy and economic programs of the provincial nobility Liberal Party of Northern Ukraine. The agrarian question occupied, though not the leading, but a proper place in the coordinate system of the economic program of provincial nobility liberalism. It should be acknowledged that the opposition aristocratic front of the region before the provincial nobility counter-reform of 1890 considered it premature to pose the problem of fundamental modernization of the agrarian system of the Russian Empire: both because of the policy of industrial protectionism of the supreme power, and because of the financial incompleteness of the peasant reform of Olexander II.

Динаміка цін на землю на Півдні України (друга половина ХІХ – початок ХХ ст.)

У статті розкрито основні фактори, причини й особливі чинники, які впливали на цінотворення землі у південному регіоні України в другій половині ХІХ – на початку ХХ ст. Особливу увагу приділено Селянській реформі 1861 р. і Столипінській аграрній реформі, які відігравали ключову роль у формуванні земельного ринку. Визначено роль Селянського поземельного та Дворянського земельного банків у фінансовому та земельному забезпеченні аграрного сектору економіки Південної України.

The Communicative Strategies of the Ukrainian Nobility in the mid-19th Century (According to Correspondence)

The life of the Ukrainian nobility within the realities of the middle of the 19th century via the analysis of the communicative strategies is presented in the article. The consideration of the family correspondence has permitted to reconstruct the complicated network of social and cultural connections of the regional elite, whose representatives realized different range of ideological and behavioral objectives. The resourceful base of the article was a complex of letters from Galagan’s family archive - a noble family that had origins in Cossacks’ officers. The choice of the sources was determined by the following reasons. Firstly, the family of Galagan maintained close contacts with the regional nobility and simultaneously, established the new with the imperial authorities according to the marriage strategies during 18th-19th centuries. Secondly, the perfectly preserved archive provides the important material for communicative strategies’ study on the base of correspondence. This fact permits to understand the work of social mechanisms affected on the landowners’ life of Left-bank Ukraine during the middle of the 19th century. The aim of the article is to consider communicative strategies of the Ukrainian elite on the base of the family correspondence from Galagan’s archive during the second half of 1840-s to the middle of 1860-s. The communicative scenarios of the nobility of Left-bank Ukraine in the connections with the local authority and imperial center, landowners and peasants, groups of relatives within the noble community have been studied. The documents consideration provided an opportunity to know the reaction of the Ukrainian nobility to the events of 1840-1860-s: the actions of the imperial government during the reign of the emperors Mykola I and Oleksandr II regarding Ukraine, the Crimean War, the Peasant reform of 1861 and consequences of its implementation on the Ukrainian lands. The research results have developed the presentation of the Ukrainian society in space and time of the 19th century. The article is based on the original author’s conception.

STATE-LEGAL INTERACTION OF CREDIT LEGISLATION AND ARTISANAL POLICY IN PRE-REVOLUTIONARY RUSSIA

The peasant reform of 1861 brought to life the intensive development of handicrafts in the rural population. The popular initiative found support in the Russian government, was enshrined in law, and was called artisanal policy. The article explores the basic changes in Russian legislation and the main directions of government activity in the field of cooperation in the artisanal industry of the second half of the 19th and early 20th centuries. Particular attention is paid to highlighting the achievements and problems of handicraft-encouraging activities of the state in the southern provinces, the analysis of the effectiveness of administrative and legal methods in the process of modernization of handicrafts in the post-reform period. The contribution of the agrarian reform of the government of P. A. Stolypin to the development of manufacturing industries is examined. The results of a study of the state of credit legislation, a study of the historical experience of the Russian state in the handicraft industry of this period are summarized.

ПЕДАГОГИЧЕСКИЕ КАДРЫ В БРЯНСКОМ УЕЗДЕ ОРЛОВСКОЙ ГУБЕРНИИ НА РУБЕЖЕ XIX- XX ВЕКОВ: СОЦИАЛЬНО- СОЦИОЛОГИЧЕСКИЙ АНАЛИЗ

In the light of such a direction of sociology as "social structure, social institutions and processes" (22.00.04), it is important to consider such a fundamental social institution as education. The article deals with the issues of training teachers in the diachronic aspect. A socio-sociological analysis of the state of the issue in a particular region of Russia-the Bryansk district of the Oryol province at such a time interval as the turn of the XIX-XX centuries. The relevance of the review of historical experience in the selection and training of teaching staff is not in doubt. The success of education at all times depended crucially on the level of teaching. In modern society, the issues of education reform are very acute, so it is legitimate to turn to the historical past. After the peasant reform, the need for educated people increased dramati- cally, and consequently, it was necessary to train many teachers. Various long-term and short-term pedagogical courses have played a huge role in improving the skills of teachers. The following research methods were used for data analysis: historical, sociological, and quantitative methods of data analysis (one-dimensional statistical analysis). A deep analysis of the source base of the study-the works of Gusev D.V., Zabolotny N.F., Kos- modamianskogo M., Sokolov Ya.D., materials of the state archives of the Bryansk and Oryol regions. The results of the study are that the system of training teachers in this period of time is analyzed, and a detailed picture of this phe- nomenon is given in a single district of the Russian Empire. This analysis is necessary for applying historical experience in modern conditions - during the period of systemic innovations in Russian education. The results of historical and archival research can be applied in such fields of knowledge as regional history, educational history, his- torical local history, and sociology.

ESTATES IN THE ACTIVITIES OF JUDICIAL INSTITUTIONS AND PENITENTIARY ESTABLISHMENTS IN RIGHT-BANK UKRAINE (1864–1914)

Right-bank Ukraine became part of the Russian Empire after the second partition of the Polish-Lithuanian Commonwealth in 1792. The integration of these territories into the new administrative, economic and cultural space caused certain difficulties. In the first half of the 19th century, the region had the highest percentage of peasant serfs and the elements and institutions of the non-existent state (including the courts) still existed and kept functioning.
 The defeat in the Crimean War of 1853–1856 imposed on the Russian Empire the need for radical reforms in all spheres of life. The wave-like periods of cooperation-confrontation between the Russian authorities and the local nobility brought about regional provisions in virtually all the reforms, launched by the peasant reform of 1861. The judicial reform and the emergence of new institutions and practices had to resolve existing problems, disputes, and punish criminals legally. The social estate (stanovy) character of the society was reflected in the establishment and activities of the volost courts, as the lower courts. The district courts were a completely novel phenomenon in the legal culture; their functioning was ensured by professional lawyers on the basis of new judicial statutes.
 The purpose of this article is to consider the court practices and functioning of penitentiary establishments in Right-Bank Ukraine (on the example of Volyn province) under implementation of the judicial reform through the prism of social and estate factors, based on the cases of the Zhytomyr District Court and the reports of the heads of local prisons.
 The methodology of the research includes the tools of social history and the so-called "new imperial history" that have helped to trace the adaptation of new legal practices to the socio-ethnic peculiarities of Right Bank Ukraine. The methods of history of everyday life and history of reading have been employed to consider the under-researched component of the penitentiary system of the Russian Empire, namely the libraries and their funds. This component should be attributed to the novelty of the suggested research findings.
 Conclusions. Estate privileges were maintained in the Russian Empire throughout the "long 19th century". Belonging to a higher social status practically made the Polish nobles equal in the rights with the imperial officials, endowed with power. During court decisions and sentencing, an ethnic criterion was not taken into consideration or had secondary significance. Many years of placing the peasants outside the legal field developed a steady arrogant attitude of the power-holders towards the representatives of this social estate. Though the peasants dominated in the social structure of the Empire population, they remained the most prevalent class. Since the early 20th century, some shifts in perception and attitudes towards peasantry were observed.

Судебное правотворчество в России по земельным вопросам во второй половине XIX – начале XX вв. в процессе применения обычного права

The article examines the impact of the norms of customary law applied in the peasant environment in the second half of the 19th century to the judicial law-making of land reformers. The purpose of the article is to identify the legal grounds that were taken into account when drafting the legislation of the Peasant Reform of 1861 to create an adequate and at the same time effective justice system for peasant land issues in the context of fundamental social transformations caused by the abolition of serfdom and the need to develop capitalist relations in Russia. The reformers assumed that the rural community would successfully replace the authority of the landowner, become the lower unit of local government and the state taxation system. The legalization of the legal customs of the peasants was taken as a forced temporary measure, necessary in the early stages of the development of peasant self-government; The existence of adaptive mechanisms in the established customary legal system to preserve the viability and stability of the peasant community was taken into account. The main function of the peasant community was the distribution of land and the settlement of land use relations among its members. The created peasant class estate courts were also considered as temporary, later as the peasants became closer to other estates, their subordination to general civil laws was envisaged. The volost courts guided by custom and law became the main element of rural selfgovernment and the mechanism for the implementation of customary law in land relations. The main subject of this right was identified peasant community, which resolved issues of land use, land relations, economic and social conflicts. However the legislator did not clearly define that the difference in the proceedings of the volost and general courts consisted in the property level of the cases and the limit of punishments – only certain categories of different legal matters were listed that were subject to the volost court. Created by the Judicial Reform of 1864 the all-tribal peace courts could consider the same minor offenses on the part of the peasants using the rules of the local customary law “according to conscience” as the volost courts but at a higher property level. Priority was given, as in the county court, to the reconciliation of the parties. The increase in the number of claims on land issues in the late XIX – early XX centuries in the conditions of the development of the land market and the increase in real estate operations was reflected by the increased demand of the peasants for the consideration of land issues and related property relations by courts on the basis of official legislation.