Article 3319

Title of the article



Shul'zhenko Yuriy Leonidovich, Doctor of juridical sciences, professor, honored lawyer of the Russian Federation, chief researcher, acting head of the constitutional law and constitutional justice sector, Institute of State and Law, Russian Academy of Sciences (10 Znamenka street, Moscow, Russia), E-mail:  

Index UDK





Background. The focus of this study is an analysis of the provisions enshrined in the Basic Laws of institutions and regulations, indicating the beginning of the age of constitutionalism in Russian, and practical constitutionalism in particular.
Materials and methods. Three main research methods were used - dogmatic, historical-legal, comparative-legal.
Results. The main state laws of 1906 are the result of the bourgeois-democratic revolution in Russia in 1905–1907. Their structure, nature, and content of the issues settled in them indicate that we are dealing with a constitution. The most important indicator of practical constitutionalism in Russia is the creation of a bicameral parliament represented by the State Council and the State Duma. The cornerstones regarding their status were enshrined in the Basic State Laws of 1906. A special role here was played by the State Duma. The very fact of its creation, authority, despite the existence of autocracy, contributed to the formation and development of representative institutions. The most important institution of practical constitutionalism is the status of a citizen, and above all, his rights and freedoms. This issue has been resolved in great detail by the Basic Laws of 1906 - a special chapter has been allocated to it; provisions regarding all legal status of a citizen are included. The most powerful breakthrough was also characterized by the consolidation of some important freedoms of subjects of Russia, which previously had never belonged to them at all.
Conclusions. The emergence of practical constitutionalism in Russia is inextricably linked with the bourgeois-democratic revolution of 1905-1907, the reforms of 1905-1907. It was then that the Basic State Laws were adopted in 1906 - the first all-Russian Constitution. This is the most important feature of practical constitutionalism. The main laws secured its most important institutions, reflected their specificity. A series of legal acts saw the light. Their goal is to implement the provisions of the Basic State Laws. However, in reality, domestic constitutionalism was underdeveloped and largely fictitious. The evidence of this is a serious restriction of rights, and above all in the legislative sphere of the highest national representation - the State Duma; the restriction in practice of the rights and freedoms of Russian subjects. 

Key words

constitution, constitutionalism, executive power, monarchy, popular representation, civil rights, parliament, government, court 

 Download PDF

1. Borickje M. Konstytucje polskie 1791–1997 [The Polish Constitution of 1791-1997]. Warszawa, 2002.
2. Maykov V. Russkaya starina [Russian antiquity]. Moscow, 1904, vol. 120. [In Russian]
3. Konstitutsiya na B"lgarskoto Tsarstvo [The Constitution of the First Bulgarian Empire]. Sofiya, 1945.
4. Yuridicheskiy vestnik [Juridical bulletin]. 1915, bk. XI/III/. [In Russian]
5. Sobranie uzakoneniy i rasporyazheniy Pravitel'stva [Collected laws and ordinances of the Government]. 1904, no. 189. [In Russian]
6. Khrestomatiya po konstitutsionnomu pravu [A redaing book on constitutional law]. Comp. by Yu. L. Shul'zhenko. Moscow: Yurist, 1997. [In Russian]
7. Svod zakonov Rossiyskoy imperii. T. I. Ch. I. Svod gosudarstvennykh zakonov [Collected laws of the Russian Empire. Vol. I. Part I. Collected state laws]. Saint-Petersburg, 1906. [In Russian]
8. Sokolov K. N. Parlamentarizm. Opyt pravovoy teorii parlamentskogo stroya [Parliamentarism. The experience of the legal theory of parliamentary structure]. Saint-Petersburg: Tip. Pechatnyy trud, 1912. [In Russian]
9. Hatschek J. Allgemeines Staatsrecht auf rechtsvergleichendtr Grunlage [General state law based on comparative law]. Leipzig, 1909.
10. Elistratov A. I. Gosudarstvennoe pravo: ucheb. posobie [State law: teaching aid]. Moscow, 1912. [In Russian]
11. Ustinov V. M. Kratkiy ocherk russkogo gosudarstvennogo stroya [A brief description of the Russian state structure]. Moscow; Petrograd, 1915. [In Russian]
12. Shul'zhenko Yu. L. Otechestvennaya nauka gosudarstvennogo prava perioda konstitutsionnoy monarkhii, burzhuaznoy respubliki v Rossii (1905 – oktyabr' 1917 g.) [The Russian science of state law during the constitutional monarchy, the bourgeois republic of Russia (1905 – October 1917)]. Moscow: IGP RAN, 2012. [In Russian] 


Дата создания: 12.12.2019 09:14
Дата обновления: 13.12.2019 09:17