The creation of ministries and the reform of the Senate on September 8, 1802 did not bring the desired result. The weakness of the state apparatus in the face of external and internal enemies forced the top of the nobility, including the emperor himself, to look for new means of improving it.
Under these conditions, Alexander I brought the young but already experienced reformer M. M. Speransky closer to him in order to, with his help, carry out progressive reforms, which, in the opinion of the tsar, were supposed to calm both the people and the nobility. In 1809, Speransky prepared a program of liberal reforms of the entire system government agencies. It is set out in his work “Introduction to the Code of State Laws.”
The most progressive and therefore unrealized element of the system of state bodies planned by Speransky was to become representative bodies - local dumas and the State Duma. The latter was proposed to be created to discuss bills and monitor the activities of ministers. She was given the right of absolute veto on all proposed draft laws. This was a significant step towards a constitutional monarchy, given that all owners of real estate received the right to vote and be elected.
As Speransky argued, in his project the pinnacle of the entire state organization was not the State Duma, but the State Council, which was supposed to represent “an estate in which all parts of the legislative, judicial and executive powers are united in their main relations and through it ascend to sovereign power ". The State Council appears in the "Introduction" as a universal, multifunctional, but deliberative body. Members of the State Council were to be appointed by the emperor, who was its chairman. Reminiscent of the previous advisory bodies under the tsar in its main features, the State Council, due to the change in its role in the system of autocracy, had many new things. Its structure became different - now, along with the general meeting, departments of the Council were created. His office also received a new device.
Contrary to the logic of the note “On the need to establish the State Council” and the very meaning of this reform, the project “Establishment of the State Council” was not discussed either in the Senate, or the Permanent Council, or in any other body.
The general meeting of the State Council began its work with a solemn opening ceremony on January 1, 1810. At the first meeting, Alexander I gave a speech written by Speransky. He stated that he always wanted the welfare of the empire to be established in law, and the law to be motionless on resolutions, and therefore from the beginning of the year he laid a solid foundation for one of the most important bodies - the State Council.
The “fundamental laws” of the State Council, set out by Speransky back in the “Introduction to the Code of State Laws,” were included in “Education” with minor changes. “Education” was replenished with only one new article, which prohibited ministers from being chairmen of departments of the State Council.
There were many shortcomings and contradictions in the “Formation of the State Council”, which could only be partially eliminated during the implementation of Speransky’s entire reform plan, but not only was the State Duma not created, even the Senate reform approved by the emperor was not carried out, and therefore the organization of the Council, which was supposed to the creator’s thoughts, to streamline the work of the state apparatus and establish a regime of legality, in practice led not to division, but, on the contrary, to a confusion of functions of the highest state bodies. At the same time, as A. V. Predtechensky correctly noted, with the absolute inviolability of the rights of autocratic power, the importance of the State Council as a body establishing order in the matter of legislation was negated. The State Council, like the councils that preceded it under the emperor, continued to remain a universal deliberative body, in which judicial and executive affairs, rather than legislative ones, also gradually prevailed.
The “Formation of the State Council” in structure is a two-pronged act, consisting of the Manifesto and the “Education” itself. The first reveals the reasons that led to the creation of the State Council, establishes the basic laws that determine the competence and composition of the State Council, and proclaims its priority tasks. “Education” consists of two sections, which in content and form differ significantly from one another. The text of the first section, called “The Fundamental Laws of the State Council,” is divided into 16 parts by numbers. The second section consists of 144 paragraphs, combined into 8 sections.
Some sections, in addition to paragraphs, have other structural divisions.
According to this document, the State Council was divided into 4 departments: laws, military affairs, civil and spiritual affairs, and state economy. The department of laws includes everything that essentially constitutes the subject of the law. The Legislative Commission will have to submit all bills to this department for consideration.
The Department of Military Affairs included the jurisdiction of the War and Naval Ministries.
The department of civil and spiritual affairs "Education" included the affairs of justice, spiritual administration and police.
And the department of state economy included the subjects of general industry, science, trade, finance, treasury and accounts.
The State Council was headed by its chairman. He signed all documents, opened and closed meetings, and assigned cases to the State Council for consideration. During the work of the State Council, it was necessary to protect order and unity of the subject matter under consideration.
Departments also had chairmen. They headed departments, opened and closed department meetings, appointed cases for consideration, etc. (the same as for the chairmen of the State Council).
The Secretary of State administered the office. Under his responsibility was the accuracy of the information offered to the council and the proper clarity of their presentation, as well as the preparation of all executive papers according to the journals of the Council, both in its general meeting and in departments.
Each department of the council had one secretary of state and several assistants. Their duty was to collect additional information necessary for hearing cases.
The competence of the State Council included:
- changing or repealing existing laws
- providing clarifications on current legislation
- domestic politics
- state budget
- taxes??
- reports of ministries in the management of their units
All cases subject to consideration by the State Council were first sent to the departments. They could be sent there by ministers. In them, by voting, cases were selected that needed to be considered by the State Council. Then the cases were transferred directly to the State Council for consideration.
State Council in 1906-1917 - the highest, along with the State Duma, legislative ( upper house first Russian parliament), and before that from 1810 to 1906 - the highest legislative institution Russian Empire.
Transformed on January 1(13), 1810 from the Permanent Council (existed since 1801) in accordance with the “Plan of State Reforms” by M.M. Speransky for centralization legislative practice and unification of legal norms.
The State Council did not have legislative initiative - the introduction of bills to the State Council was determined by the will of the tsar. The bills discussed in the departments of the State Council were submitted to its general meeting and, after approval by the emperor, received the force of law.
Since 1824, the practice of approving the opinion of the majority ceased: the emperor could approve the opinion of the minority or reject both opinions by accepting own solution(enshrined in 1842 in the “Establishment of the State Council”). In the 1880s, some of the functions of the State Council were transferred to the Committee of Ministers.
The State Council was in charge of all issues requiring the repeal, restriction, addition or clarification of previous laws and the adoption of new ones, general orders for the implementation of existing laws. The State Council reviewed the annual reports of ministries (until 1827), estimates of general state revenues and expenses (since 1862, the state list of income and expenses), and annual reports of the State Bank (since 1894). The State Council also considered estimates and staffing government agencies, individual issues that required the approval of the supreme power.
Initially, the State Council consisted of 35 people, by 1890 - 60, appointed (like the chairman of the State Council) by the emperor from among the highest dignitaries. By 1905, the State Council numbered 90 people. The ministers were ex-officio members of the State Council. If the king was present, the chairmanship passed to him. In fact, membership in the State Council was for life. Members of the State Council were divided into those present only at the general meeting and those present in departments. In 1812-1865, the chairman of the State Council was also the chairman of the Committee of Ministers.
The State Council consisted of 4 departments: the Department of Laws, which considered bills of national importance; Department of Civil and Religious Affairs, which was in charge of justice, police and religious affairs; Department of State Economy, which dealt with issues related to finance, industry, trade, science, etc.; War Department, which existed until 1854.
In February - April 1817, there was a Provisional Department to consider a number of projects, regulations and statutes; in 1832-1862 - the Department of the Kingdom of Poland (in 1866-1871 - the Committee for the Affairs of the Kingdom of Poland), since January 1901 the Department of Industry, Science and Trade operated.
Before consideration by the State Council, all cases were submitted to the State Chancellery, headed by the Secretary of State, who had the rank of minister. The task of the State Chancellery is record keeping and preparatory work for meetings of the State Council. The State Archive and the State Printing House were also under the jurisdiction of the State Chancellery.
After discussing cases in the relevant departments of the chancellery, the most important of them were transferred to the General Assembly of the State Council (some cases went directly to the General Assembly). Meetings of departments and general meetings of the State Council were not public, and representatives of the press were not allowed to attend.
In addition, the State Council included: the Law Drafting Commission (in 1826, transformed into the Second Department of His Imperial Majesty’s Own Chancellery); Codification Department (1882-1893); Commission of Petitions (1810-1835); Special presence for the preliminary consideration of complaints against the determinations of Senate deputies (1884-1917); Special presence on military service (1874-1881); Main Committee on the device rural condition(1861-1882), etc.
In 1906, with the creation of the State Duma, the State Council was reformed into the upper legislative chamber and began to participate in legislative activity on equal terms with the State Duma, having received the right of legislative initiative (excluding issues of changing the Fundamental Laws).
[Political joke. 1906]
After the reorganization, the State Council included: 1st Department - consideration of cases on administrative, civil and judicial issues; 2nd department - on reports of financial institutions and construction cases railways, on the allocation and sale of plots of state-owned land; State Chancellery; Financial Commission (1907-1917) for preliminary consideration of projects for the state list of income and expenses, estimates and emergency expenses; Special presence in cases of forced alienation of real estate and remuneration of their owners (1905 -1917).
The administration of the State Council continued to be entrusted to the State Chancellery and the Secretary of State. The publication of the Code of Laws and the Complete Collection of Laws was also left under the responsibility of the State Chancellery.
The State Council consisted of an equal number of members appointed by the emperor and elected members. Ministers were present at its meetings ex officio, but had the right to vote only as members of the State Council. Members of the State Council by Imperial appointment were dismissed solely at their personal request.
Members of the State Election Council were elected: from provincial zemstvo assemblies - 1 person each (from among persons who owned triple the land or property qualification for elections to the State Duma, with the exception of persons who served a 2nd term as leaders of the nobility; elected for 3 years); from provincial and regional noble societies - 18 people (from each province 2 electors to the general meeting that elected members of the State Council); from Russian Orthodox Church- 6 people (elected by the Synod on the proposal of the diocesan bishops); from the Council and local trade and manufacturing committees, exchange committees and merchant councils - 12 people; from the St. Petersburg Academy of Sciences and universities - 6 people (the Academy of Sciences and each university elected 3 electors from among ordinary academicians or professors, who elected members of the State Council at a general meeting); The Finnish diet elected 2 people. In 1914, the State Council consisted of 188 people.
Members of the State Council (with the exception of members from provincial zemstvo assemblies) were elected for 9 years, 1/3 of the composition was renewed every 3 years. Persons who did not have the right to participate in elections to the State Duma, persons under 40 years of age, or who had not completed a course in secondary education could not be elected to the State Council. educational institutions. In contrast to the procedure for election to the State Duma, military ranks who were on active duty were not excluded from elections to the State Council. public service. When discussing and adopting laws, 1/3 of the State Council is recognized as the legislative composition.
After the February Revolution of 1917, the State Council virtually ceased to exist. On October 6, 1917, the Provisional Government issued a decree on the dissolution of the State Duma and the loss of powers by members of the State Council. Since it was necessary to convene Constituent Assembly, which was supposed to develop and adopt the Constitution of Russia (republican, parliamentary-presidential type).
Literature:
- Zayonchkovsky P.A. State Council // Soviet Historical Encyclopedia: In volume: volume 4: G-D / Editorial Board: Zhukov E.M. (chief editor) and others. - M.: Soviet encyclopedia, 1963. - P. 646-647;
The State Council - the highest legislative institution of Russia - was created by decree of Alexander I in 1810. Its predecessor was the Permanent Council, established by decree of Emperor Alexander I on March 30, 1801. Members of the State Council were appointed personally by the emperor. In total, during the years 1802-1906, the State Council consisted of 548 members. All laws and legislative acts had to be discussed in the State Council before approval by the emperor.
1906-1917
The Council of State consisted of an equal number of members appointed by the Emperor and elected members. Elected members of the State Council were elected: from provincial zemstvo assemblies - 1 person for 3 years; from provincial and regional noble societies - 18 people; from the Orthodox Russian Church - 6 people elected by the Synod on the proposal of the diocesan bishops; from the Council and local trade and manufacturing committees, exchange committees and merchant councils - 12 people; from the St. Petersburg Academy of Sciences and Universities - 6 people; from the Finnish Diet - 2 people. In 1914, the State Council consisted of 188 people.
Members of the State Council (with the exception of members from provincial zemstvo assemblies) were elected for 9 years; Every 3 years, a third of the composition was renewed. Persons who did not have the right to participate in elections to the State Duma, persons under 40 years of age, or who had not completed a course in secondary educational institutions could not be elected to the State Council.
see also
- General chronological list of members of the State Council of the Russian Empire from March 30, 1801 to 1917.
Literature
- Shilov D. N., Kuzmin Yu. A. Members of the State Council of the Russian Empire, 1801-1906: Bio-bibliographic reference book. St. Petersburg: Dmitry Bulanin, 2007. 992 p. ISBN 5-86007-515-4.
- State Council of the Russian Empire, 1906-1917: Encyclopedia. Moscow: Russian Political Encyclopedia, 2008. 343 p. ISBN 978-5-8243-0986-7.
Links
- Code of laws of the Russian Empire. VOLUME ONE. PART TWO. Basic state laws. Edition 1906. CHAPTER TEN About the State Council and the State Duma and their mode of action.
- S. V. Kodan.¨To establish the strength and bliss of the Russian Empire on the unshakable basis of law...¨: State Council in Russia
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STATE COUNCIL OF THE RUSSIAN EMPIRE- established on January 1, 1810 as the highest legislative body. In other words, all laws were first presented in G. s. R.I. and only after his approval they came to the Emperor for approval. In Russian literature, the opinion was expressed that... ... encyclopedic Dictionary constitutional law
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The State Council under the President of the Russian Federation was first created in 1991, on July 19. At that time, the head of the country was Boris Yeltsin. Next, let's look at what the State Council of the Russian Federation represents today: the powers, status and importance of this body.
Historical reference
In 1991, the State Council of the Russian Federation acted as an advisory body. He participated in the formation of structures supreme authority in the country. The First State Council of the Russian Federation, which included about 15-20 members, was abolished on November 6, 1991. In fact, this body existed for 4 months and did not leave a special mark on the activities of the authorities. However, the problem of the need to create an advisory body remained. Subsequently, projects for the formation of the State Council were developed in 1995 by Shakhrai, in 1996-1997 by Chubais. However, the idea of creating this body became most popular in 2000. At that time, Vladimir Putin was already President. He introduced a draft law establishing a new procedure for forming the Council of the Russian Federation.
Basic Prerequisites
This bill was being considered by the State Duma. During the discussion, she addressed the Head of the country with a request. It contained a proposal to create the State Council of the Russian Federation. The functions that were supposed to be assigned to him concerned solving problems in the regions. In 2000 (July 26), a bill under consideration was adopted on the procedure in accordance with which the Council of the Russian Federation should be formed. The next day, the Head of the country signed a special order. In it, he approved the request from regional officials to create a State Council. 
Normative base
Officially, the State Council of the Russian Federation was formed on September 1, 2000. The basis for this was the decree of the Head of the country. In accordance with it, it was approved special provision about the State Council. According to this document, the State Council of the Russian Federation is an advisory structure. Its main task is to ensure assistance to the activities of the President on issues of regulating the interaction of government bodies. The powers of the Council of the State Duma of the Russian Federation are determined by the Constitution and federal laws. In its activities, this body is also guided by the orders and decrees of the Head of the country.
First meeting
It took place in 2000, on November 22. On the agenda was the issue of the country's development strategy for the period until 2010. The President, opening the meeting, noted that the State Council should become political structure strategic purpose. This is what will distinguish it from other government agencies. 
Tasks
The first is to ensure assistance to the activities of the President in coordinating the existing branches of government in the country. The State Council is called upon to regulate the consistency of interaction and functioning of government agencies.
The next important task of the structure is advisory and advisory activities. It involves discussing problems that have special meaning for the country and concerning the interaction of the highest federal authorities with the constituent entities of the Russian Federation, issues of state development and strengthening of federalism. As part of this activity, it is also envisaged to submit important proposals to the Head of the country.
The next task that the Council of the State Duma of the Russian Federation must implement is participation in ensuring the rule of law. As part of his activities, he discusses issues that relate to compliance (execution) by federal and regional government structures, territorial self-government bodies, as well as their officials of the Constitution of the country, laws, orders and decrees of the Head of the country, as well as decrees and decisions of the Government.
The next task is to assist the President in his use of conciliation procedures in the process of resolving conflicts and disagreements between government institutions.
In last, fifth place, is the legislative advisory activity of the body. Within the framework of this, the State Council of the Russian Federation considers, at the proposal of the Head of the country, bills and decrees of federal significance. These include, for example, the draft budget and discussion of information on its implementation. At the same time, the State Council does not have the right of legislative initiative. On this issue we can quite agree with the opinion of G. Seleznev. The Chairman of the State Duma noted that the State Council should not duplicate the Federal Assembly and act as its third chamber. 
Formation order
The State Council includes the Chairman and members of the State Council. They participate in the activities of the body on a voluntary basis. The President of the country acts as the Chairman. Members of the body are persons holding senior positions in the executive authorities of the constituent entities. In accordance with the decision of the Head of the country, persons who have replaced the heads of senior executive government bodies for two or more consecutive terms are allowed to be included in the State Council.
Operational issues are resolved by the Presidium, which includes seven members. Its personal composition is determined by the Head of the country and is subject to rotation every six months. The Secretary of the State Council is not a member. The duties of this official are performed on a voluntary basis by one of the Deputy Heads of the Presidential Administration.
Organization of activities
The Presidium discusses the work plan of the State Council and considers the agenda for the upcoming meeting. At the same time, he also analyzes the activities and decisions of the advisory body. Meetings of the Presidium are convened as needed, but usually at least once a month.
Chairman's work
This official sets the time and place of the next meeting State Council and Presidium. The chairman also gives instructions to the members of the body and its secretary. Based on the proposals of the Presidium, he forms the work plan of the State Council, as well as the agenda of the planned meeting. The official also chairs meetings. 
Activities of the Secretary
His responsibilities include:
- Ensuring the preparation of the draft proposed work plan of the State Council, drawing up an agenda, collecting materials for meetings, draft decisions.
- Informing members about the time and place of the meeting, issues that will be considered, providing them with the necessary documents.
- Execution of instructions from the Chairman.
- Signing minutes of meetings.
The Secretary of the State Council is responsible for ensuring the functioning of the advisory body.
Participants' work
Members of the State Council submit proposals to the Presidium regarding the activity plan, agenda and order in which issues will be discussed. They also participate in the preparation of meeting documents and draft decisions. Members of the State Council may delegate powers to other competent persons. 
additional information
The State Council and its Presidium have the right to form temporary and permanent working groups. Their activities include preparing issues to be considered at meetings, attracting specialists and scientists to perform a certain type of work, including on the basis of contracts. Ensuring the functioning of the State Council is carried out by the relevant divisions of the administrative apparatus of the President and the Administration of the Head of the Country.
Operating procedure
Meetings are convened regularly, at least once every three months. According to the decision of the Chairman, extraordinary meetings may also be held. A meeting of the State Council is considered valid if the majority of the total number of members of the advisory body is present. Meetings are usually held in the Kremlin. The adoption of certain decisions on the issues raised is carried out through their discussion.
By decision of the presiding officer, voting may be held on any item on the agenda. The highest official has the right to establish the procedure by which decisions will be made on issues of particular importance to the state through consensus.
Design features of solutions
Based on the results of the discussions, relevant documents – protocols – are drawn up. All decisions made in this way are signed by the Secretary of the State Council. If necessary, the results of discussions can be formalized in orders, decrees or instructions on behalf of the Head of the country. In the event that decisions were made on issues relating to the need to adopt a constitutional federal law, state normative act or the introduction of additions to them, as well as amendments, changes to draft laws in force at the time of convening the meetings, the developed plan for the corresponding normative act is submitted to the State Duma Federal Assembly. This procedure is formalized as a legislative initiative. It is implemented by the President of the Russian Federation.
The State Council was the highest legislative body of the Russian Empire in 1810-1906 and the upper house of the legislative institution of the Russian Empire in 1906-1917.
The creation of the State Council was announced by the manifesto “Education of the State Council” of Emperor Alexander I, published on January 1 (13), 1810. The predecessor of the State Council was the Permanent Council, established on March 30 (April 11), 1801, which was also informally called the State Council, so the founding date of the latter is sometimes attributed to 1801. The formation of the State Council was one of the elements of the program for transforming the system of power in Russia, developed by M. M. Speransky. The goals of its creation were disclosed in detail in Speransky’s note “On the need to establish the State Council.”
Members of the State Council were appointed and dismissed by the emperor; they could be any person, regardless of class, rank, age and education. The absolute majority in the State Council were nobles; appointment to the State Council in most cases was actually lifelong. Ex officio members included ministers. The Chairman and Vice-Chairman of the State Council were appointed annually by the Emperor. In 1812-1865, the Chairman of the State Council was at the same time the Chairman of the Committee of Ministers; among the members of the State Council there were always representatives of the imperial family, and from 1865 to 1905 the Chairmen of the State Council were the Grand Dukes (until 1881 - Konstantin Nikolaevich, then Mikhail Nikolaevich). If the emperor was present at a meeting of the State Council, the chairmanship passed to him. In 1810 there were 35 members of the State Council, in 1890 - 60 members, and at the beginning of the 20th century their number reached 90. In total, during the years 1802-1906, the State Council consisted of 548 members.
The powers of the State Council included consideration of:
new laws or legislative proposals, as well as changes to existing laws;
questions internal management, requiring the repeal, restriction, addition or clarification of previous laws;
internal and foreign policy in emergency circumstances;
annual estimate of general state revenues and expenses (since 1862 - state list of income and expenses);
reports of the State Control on the execution of the list of income and expenses (since 1836);
emergency financial measures, etc.
The State Council consisted of general meeting, State Chancellery, departments and standing commissions. In addition, various temporary special meetings, committees, presences and commissions operated under him.
All cases were received by the State Council only through the State Chancellery addressed to the Secretary of State who headed it. After determining whether a given case belongs to the jurisdiction of the State Council, the Secretary of State assigned it to the appropriate department of the chancellery, which prepared it for hearing in the appropriate department of the State Council. Urgent matters, by order of the emperor, could be immediately transferred to the general meeting of the State Council, but usually the matter first went through the relevant department, and then went to the general meeting. According to the manifesto of January 1, 1810, all laws adopted were to pass through the State Council, but in reality this rule was not always observed. Decisions in departments and the general meeting were made by a majority of votes, but the emperor could also approve the opinion of the minority of the State Council if it was more consistent with his views. For example, Alexander I, out of 242 cases on which the votes in the Council were divided, approved the opinion of the majority in only 159 cases (65.7%), and several times he supported the opinion of only one member of the State Council.
According to the decree of April 5 (17), 1812, the State Council subordinated ministries during the emperor’s absence, and the decree of August 29 (September 10), 1801, determined that in the event of a prolonged absence of the emperor in the capital, the decisions of the majority of the general meeting of the State Council take the force of law. In 1832, the powers of the Council were somewhat reduced: ministers stopped submitting annual reports on their activities to it.
April 15 (27), 1842 was adopted new document, defining the activities of the Council, replacing the manifesto of 1810: “Establishment of the State Council,” developed by a committee chaired by Prince I.V. Vasilchikov. The new provision somewhat limited the scope of activity of the State Council, identifying a number of areas of legislative activity that were not subject to consideration at its meetings, but at the same time expanded it to include administrative matters and legal issues.
At the beginning of the 19th century a reform was undertaken senior management. In 1801, an indispensable council (permanent) was formed as an advisory body to the emperor. The composition of the council was appointed by the emperor himself from among the highest officials. The Senate was restored to the rights of the highest judicial and administrative body with the title of “government”. He received the highest administrative, judicial and executive powers into his own hands. The Senate was divided into 9 departments. The Holy Senate was governed by the chief prosecutor, who was chosen from among the civilians; he was appointed by the emperor. The highest clergy were called, and did not gather, for meetings of the senod. This meant complete subordination of spiritual power to secular power.
From 1802 to 1811, ministerial reform was carried out. Its goal was to make the ministry the highest executive body. 8 ministries were created: military, naval, foreign affairs, commerce, justice, internal affairs, education and finance. Soon - the Ministry of the Imperial Court and Appanages. Each ministry received a uniform structure. It was headed by the minister and his comrade (deputy). The ministry was divided into departments headed by a department director. The department was divided into departments headed by the head of the department. The departments were divided into tables headed by a chief.
The activities of ministries were based on the principle of unity of command and strict subordination of the lower to the higher. The minister was appointed by the emperor and was responsible only to him. The ministry was part of the Senate. In January 1810, the State Council was created. He became the link between the legislative, judicial, executive powers and the monarch.
The State Council consisted of a general meeting of 4 departments: laws, military, civil and spiritual affairs, state economy.