Institutions of Heir, Co-Ruler (Successor) and Receiver of Supreme Power in History of the Russian Law (15th — early 16th Centuries)
- Authors: Nagikh S.1, Shershneva-Tsitulskaya I.1
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Affiliations:
- National Research University Higher School of Economics
- Issue: Vol 16, No 4 (2023)
- Pages: 56-79
- Section: Legal Thought: History and Modernity
- URL: https://journals.rcsi.science/2072-8166/article/view/318266
- DOI: https://doi.org/10.17323/2072-8166.2023.4.56.79
- ID: 318266
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Abstract
The article aims to investigate the domestic historical and legal experience of regulating the mechanism of the transfer of supreme power through the prism of the formation and evolution of institutions of the heir of supreme power, co-ruler (successor) and successor of the throne. The purpose of the study is to identify the specifics of the legal institutions of the co-ruler (successor) and successor of the throne, used in cases where it is impossible to transfer the supreme power by inheritance, as well as their role, significance and place in the mechanism of reproduction of the supreme state power. The object of the study is the legal mechanism of the transfer of supreme powerin the history of Russian law, from the formation of a centralized state to the liquidation of the monarchy, the subject is the legal institutions of the heir, co-ruler (successor) and receiver of supreme power as independent components of the mechanism of the transfer of supreme power. The institutions of the co-ruler and receiver of the throne are considered in the context of the reception of the norms of Late Roman and Byzantine law, the legal structure of the receiver of the throne, dating back to canon law, is investigated. Guided by formal-logical, historical and comparative-legal research methods, based on historical and legal sources, it is concluded that in the case of a non-hereditary transfer of monarchical power in Russian law, the institution of the successor of the throne, which took shape in the legislation of the XVIII century, operated. The successor of the throne was opposed to the heir according to the criterion of the legal basis of the rights to the throne. The content of the institute of co-rule reveals the Russian specifics, consisting in a combination of signs of Byzantine co-rule and late Roman succession, which was due to the transition from the ancestral (ladder) order of succession to the family (from father to son) during the formation of the Russian centralized state. In the era of absolutism, the institution of a co-ruler (successor) of the supreme power is displaced from the sphere of legal regulation and subsequently develops only as a political institution.
About the authors
Sergey Nagikh
National Research University Higher School of Economics
Email: noreply@hse.ru
ORCID iD: 0000-0003-3026-8094
Candidate of Sciences (Law), Professor
Irina Shershneva-Tsitulskaya
National Research University Higher School of Economics
Email: noreply@hse.ru
ORCID iD: 0000-0003-2417-1130
Candidate of Sciences (Law), Associate Professor
References
- Alexandrov D.N., Melnikov S.A., Alekseev S.V. (1995) Essays on the history of princely power and co-government in Russia in 9-14th centuries. Moscow: Mosty Press, 114 p. (in Russ.)
- Avakian S.A. (2020) Draft laws on amendments to the Constitution of the Russian Federation: is the fourth round coming? Konstitutcionnoe i municipalnoe pravo=Constitiitional and Municipal Law, no. 1, pp. 31-44 (in Russ.) DOI:https://doi.org/10.18572/1812-3767-2020-1-31-44
- Balkovaya V.G. (2019) Formation of the institute of the head of state in the state law of pre-revolutionary Russia. Obrazovanie. Nauka. Nauchnye kadry=Education. Science. Academic Personnel, no. 4, pp. 20-24 (in Russ.)
- Danilova V.Y. (2018) Tacitus and Plinyi the Younger on the adoption of emperors. Vestnik Uzhnoyralskogo gosudarstvennogo yniversiteta. Sotcialno-gumanitarnye nauki=Bulletin of the South Ural State University. Social and Humanitarian Sciences, no. 3, pp. 27-32 (in Russ.) DOI:https://doi.org/10.14529/ssh180304
- Diunov M.Yu. (2022) Assessment of legality of Nicholas II abdication. Vestnik Severnogo (Arkticheskogo) federalnogo universiteta. Gumanitarnye i sotcialnye nauki=Bulletin of the Northern (Arctic) Federal University. Humanities and Social Sciences, vol. 22, no. 2, pp. 16-27 (in Russ.)
- Kashtanov S.M. (1967) Russian socio-political history at the end of 14th and first half of 16th century. Moscow: Nauka, 392 p. (in Russ.)
- Khutarev-Garnishevsky V.V. (2021) Russian imperial succession in the realities of 21th century. Zhurnal rossiyskih i vostochoedropeiskih isslelovaniy=Journal of Russian and Eastern European Studies, no. 1, pp. 110-137 (in Russ.)
- Kirsanov A.Yu. (2022) Amendments to the Constitution of the Russian Federation: pro et contra. Vestnik Moskovskogo Universiteta MVD=Bulletin of Moscow University of Ministry of Internal Affairs, no. 4, pp. 113-116 (in Russ.)
- Konovalova G.N. (2020) Normative legal agreements and standard-setting acts of courts as new sources of Russian law: analysis through the prism of the rule of law principle. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo=Bulletin of Tomsk University. Law, no. 3, pp. 241-246 (in Russ.) DOI:https://doi.org/10.17223/15617793/453/29
- Larionova D.A. (2020) The abdication of Nicholas II: historical and legal analysis. Voprocy rossiyskoi ustitcii=Issues of Russian Justice, no. 6, pp. 45-53 (in Russ.)
- Melnikov S.A. (2009) The legal regime of succession to the throne in ancient Russia 9th-early 16th century. Moscow: Inform-Znanie, 224 p. (in Russ.)
- Melnikov S.A. (2010) Succession to the throne as a factor in the evolution of the Old Russian state. Doctor of Juridical Sciences Summary. Moscow, 61 p. (in Russ.)
- Neusykhin A.I. (1974) Freedom and property in barbaric truths. In: Problems of European feudalism. Moscow: Nauka, pp. 35-212 (in Russ.)
- Plotnikova O.A. (2007) The order of inheritance of power in the Old Russian state. Vlast'=Power, no. 10, p. 107 (in Russ.)
- Serdyukova G.S. (2006) The implementation of the quasi-dynastic principle of inheritance under the Antonines. VestnikSankt-Peterburgskogo universiteta. Istoria=Bulletin of Saint Petersburg University. History, issue 4, pp. 206-211 (in Russ.)
- Sergeevich V.I. (1910) Lectures and research on the ancient history of Russian law. Saint Petersburg: M.M. Stasyulevich, 680 p. (in Russ.)
- Shayryan G.P. (2014) Legislative regulation of succession to the throne in the Russian Empire (late 18-early 20th centuries). Candidate of Juridical Sciences Summary. Moscow, 26 p. (in Russ.)
- Shayryan G.P. (2017) The immutable law on succession to the throne in Russia and experience of its application in the early twentieth century. Miezdunaronyi issledovatelskyi zhumal=International Research Journal, no. 3, part 2, pp. 131-132 (in Russ.)
- Sokolskaya L.V., Anisimov A.P. (2020) Application of legal customs in Russian jurisdiction. Pravo i gosudarstvo: teorya i praktika=Law and State: Theory and Practice, no. 1, pp. 67-70 (in Russ.)
- Staroverova E.V. (2009) Properties of imperial power according to the basic state laws of the Russian Empire of 1906. Vestnik Moskovskogo gosudarstvennogo Universiteta. Pravo=Bulletin of Moscow State University. Law, no. 2, pp. 99-107 (in Russ.)
- Tikhomirov L.A. (1998) Monarchical statehood. Moscow: Oblizdat, 672 p. (in Russ.)
- Tomsinov V.A. (2009) The succession to the throne in Russia in the second quarter of the 18th century. In: Materials of the scholar conference. Moscow: RUDN Press, pp. 152-177 (in Russ.)
- Velichko A.V. (2014) Sole power and the Byzantine “multi-kingdom”. Problemy natcionalnoy strategii=Issues of National Strategy, no. 1, pp. 182-197 (in Russ.)
- Zakatov A.N. (2019) Maintaining continuity of supreme power under Empress Catherine II. In: Catherine the Great in Great Russia. Moscow: Academy of Management and Business Administration, 248 p. (in Russ.)
- Zyzykin M.V. (1924) Tsar power and the Law on Succession to the Throne in Russia. Sofia: Novaya zhizn', 190 p. (in Russ.)
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