The code as a legislative basis for constitutional provisions in the definition of M.M. Speransky

In the history of Russia, the 19th century is a qualitatively new period in the development of statehood, the period of legal society formation, the development of national self-awareness, and political culture. The reference to historical and legal experience, to constitutional projects and transformations associated with the name of an outstanding statesman, Mikhail Mikhailovich Speransky, is based on the study of his theoretical and practical options for implementing the constitutional alternative in Russia under the conditions of Russian absolutism in the first half of the 19th century. The idea of the reformer was to create a unified legal system based on the Code to govern a state. The criterion to analyze M.M. Speransky’s heritage is a combination of his theoretical propositions and their practical implementation into political projects, both publicly published and remaining in a handwritten form. Such an approach to Speransky’s heritage studying makes it possible to use many sources with the aim of interpreting and, then, overhauling his political and legal views in various periods of his state activity. By order of the emperor M.M. Speransky developed a number of projects - a note «On the Commission of the Code» (1802), «Introduction to the Code of State Laws»(1809), to which two voluminous notes were compiled - «A Brief Outline of Public Education» and «A General Overview of all Transformations and Their Time Distribution». The implementation of the state reforms plan meant fundamental changes - the transformation of the political image of the country, the transition from an absolute monarchy to a constitutional one while maintaining “strength and area of the autocracy». The reformer created a model of the «autocratic rule ... with all external forms of law» (code of laws, the Code or the Constitution. - S.O.), which implements his main idea - the division of power into legislative, executive and judicial ... while maintaining the supreme power of the emperor. Speransky is a supporter of the legal development of Russia. As a patriot, he defended the idea of preserving the identity of Russia, thereby developing the ideas of Russian thinkers. He was familiar with advanced legal and economic theories, after rethinking which he tried to bring them into line with Russian reality. Speransky’s philosophical and legal concept clearly demonstrates the author’s awareness of the need to distinguish the right and law in the context of the theory of positive law. The reform of Russian statehood is one of the unique phenomena, we are observers and participants in this process -a change not only in the political course of the state or methods of its society managing but also a practical change in all elements and structures of statehood. In our opinion, an understanding of its specific nature (Russian statehood) will allow our contemporary reformers to avoid single-ended and categorical assessments of a number of events and failed reforms in the future. The author declares no conflicts of interests.

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