The Council of State

The Council of State as organized by its founder, the Emperor Alexander I, is a deliberative institution for the purpose of assisting the Monarch in drawing up and promulgating laws. It would scarcely be correct to regard the former Councils, which surrounded our Sovereigns, and whose functions were of a very miscellaneous nature, as the predecessors of the present institution.

The former grand-ducal councils (duma) pronounced their opinions on all the subjects, presented for the personal decision of the Grand Prince. The same must be said of the Council of boyars of the Moscow period, which was an institution, exercising legislative, administrative, and judicial functions at one and the same time. The extent of its power was undefined, some matters being determined independently by it, others required the confirmation of the Sovereign. In the reign of Peter the Great the Council of the boyars was abolished. In 1711 the Senate was organized, with the command to submit to its orders, ukaz, as to the personal orders, ukaz, of the Sovereign. The Senate was an independent institution with the power of deciding questions, whereas the Council of State is a purely consultative organization.

The idea of a consultative body for legislative purposes was first started in the reign of Catherine II. It was realized however, only in the reign of Alexander I. On March 30, 1801, an Ukaz was issued, proclaiming the establishment of an institution for the examination and consideration of State affairs on the footing of a perpetual council. In the oath of allegiance, taken by its members, this council was then called the council of State. Though the Ukaz intimated, that it was established solely for legislative purposes, yet, from the very first, judicial matters were likewise submitted to it for examination and from 1804 they grew to constitute the sole subject of its jurisdiction. Thus, ceasing gradually to exercise all vital influence over State affairs, it became quite incompatible with the subsequent organization of the different Ministries. This circumstance pointed to the necessity of a radical reform of the institution, consequently, on January 1^st 1810, a new organization of the Council of THE COUNCIL OF STATE.

State was published. The legislator intended it to establish gradually a process of government, firmly based upon solid and unfailing principles of law, for the purpose of introducing and spreading uniformity and order in the state administration.

After 1810, certain alterations were made in the organization of this Council and in the extent of its jurisdiction, but in principle, the character of the Council of State, as a consultative institution for legislative affairs, has remained unaltered.

The affairs of the Council can be classified under eight heads:

1. Legislative affairs, to which belong the projects of new laws and of various supplements and commentaries to the acting laws. The Council has only the right of examining into projects of laws, and may not of its own accord start questions as to the necessity of any alterations in legislation. But while examining the projects brought before it, the Council has the right to modify and complete them, and these alterations are often very considerable.

2. All special enactments in favor of individuals or institutions, which are exceptions to the general laws, are brought before the Council of State for preliminary examination.

3. Laws, on being issued, have to be collected and classified. This necessitates the publication of Collections, Codes of law and statutes. For this purpose in 1810 a Committee for the elaboration and arrangement of laws was organized in the Council of State. In 1826 it passed into the department of the Private Chancery of His IMPERIAL MAJESTY under the name of 2^nd Section. In 1882 the II Section was again annexed to the Council of State, under the name of the department of Codification and on January 1, 1894, this department was abolished and replaced by a special department for the Codification of laws in the Chancery of State under the direction of the Secretary of State.

4. The opinions of the Council of State are received by the Sovereign on certain higher questions of administration, such as: a) general instructions for the successful enforcement of the laws, b) extraordinary measures in exceptional cases and c) the more important measures of foreign policy declaration of war, signing of peace etc.

5. The scope of state administration includes matters, which in all states are under the control of the legislative institutions, namely, the higher questions of finance.

6. Mention has been made above of the rights of Sovereign power within the sphere of Justice. Some of these rights are exercised through the medium of the Council of State. In the time of the old form of procedure, although the Senate was considered to be the final Court of appeal, yet certain cases were laid before the Emperor through the Council of State.

Since the introduction (1864) of the new Courts of law and the establishment of Departments of Cassation, in the Senate, the number of judicial matters before the Council has been considerably reduced. There remain the petitions of private persons against the final decisions of other Departments (not of Cassation) of the Senate, which are reviewed at special Sittings of the Council of State.

At these Sittings, however, the Council only whether there exists sufficient cause for bringing such matters before the Plenary Sitting of the Senate.

7. The jurisdiction of the Council of State extends to cases of responsibility for violation of duty on the part of members of the Council of State, Ministers, General-Governors and others of equal rank.

8. Besides the categories enumerated, which form the normal sphere of duties of the Council, it may be empowered with extraordinary authority. In the event, for instance, of a prolonged absence of the Sovereign, the Council is empowered to act with special authority, entrusted to it by the Sovereign for that occassion. By special Supreme order, matters can be brought before the Council, which in no way come under its ordinary jurisdiction.

The Council consists of three departments and the Plenary Assembly.

Each department consists of not less than three members, who are appointed by the Emperor for the term of half a year. The Law Department reviews all projects of general laws; the Civil and Ecclesiastical Department controls all judicial matters and those of religious and police administration, while the Department of State Economy enquires into questions of industry, science, trade and finance.

On certain questions the resolutions or decisions of these departments are presented directly to the Sovereign, though in the majority of cases they first pass before the Plenary Assembly of the Council.

The Plenary Assembly consists of the members of departments, all the Imperial Ministers, and other members, who do not belong to the departments. In principle the presidency belongs to the Sovereign himself; but in reality the Sovereign has very seldom occupied the chair, which is therefore taken by one of the members, with the title of President of the Council of State. His authority is renewed annually. The business of the Council is transacted by the State Chancery under the superintendence of the Secretary of State. The recommendations of the State Council receive the Supreme assent and confirmation in various forms.

The personal confirmation of the Sovereign is required for:

1. all new laws;

2. the assessment and abolition of taxes;

3. lists of newly appointed officials;

4. the State budget, and

5. the expropriation of personal property for state or public requirements.

The affairs, examined in the Council of Ministers, do not escape being brought before the Council of State or the Committee of Ministers, if by the law they belong thereto. The Sovereign himself occupies the chair. The Council consists of: the Ministers, their equals in rank, the chiefs of separate branches of the administration, the Secretary of State, who gives explanations on questions of legislation, and other persons, deputed by Supreme appointment.

The affairs are reported either by the Ministers or by the Superintendent of the affairs of the Committee of Ministers.

3 The Committee of Ministers.

Matters relating to the higher administration of State are examined in the Committee of Ministers. Its establishment was effected at the same time with the establishment of the Ministries, in 1802. In the manifesto on the establishment of the Ministries it was stated amongst other things, that the Ministers were members of the Council of State, and that ordinary affairs were to be discussed in a Committee, consisting exclusively of the Ministers; for more important affairs the other members of the Council were to be invited once a week.

This shows, that the Committee was originally a kind of more exclusive assembly of the Council, consisting only of the nearest councillors of the Sovereign, his Ministers. Count Speransky, the best authority on state institutions of that period, says, that the reports of the Ministers were presented separately or conjointly.

Committee was not a special institution, but simply a method of presenting ministerial reports.

The first regulations for determining the functions of the Committee were issued on September 4, 1805, in consequence of the departure of the Sovereign from St. Petersburg; and the same mode of procedure was ordered to be maintained as that, observed during the Supreme presence.