The preamble states that the great reform law of 1861 was supplemented by
the manifesto of October 17/30, 1905, with a view to giving the peasants
gradually increasing share in legislation. In continuance of this policy
it is stated that the local administrative authority needs radical
revision, for in spite of the reforms made by the organization
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of the Duma peasants and
certain others have not yet received all the privileges corresponding to
the spirit of the manifesto in question. The text of the new ukase is
given in full in the inclosure, except for the preamble, which has just
been outlined.
[Inclosure.]
peasant law; ukase of october 5/18,
1906.
[Translated from the Petersburger Zeitung, 8/21
Octotber, 1906.]
The Czar orders, on the basis of the fundamental law of 1906, that
the following reforms be made:
1. To accord all Russian subjects, without distinction of origin,
with exception of the aborigines, equal rights with regard to the
state service with persons of noble blood, and at the same time to
abolish all special privileges of dress due either to official
position or to the origin of the wearer.
2. Peasants and members of other classes formerly taxable are freed
(a) from the presentation of discharge
papers on entering an educational institution or the civil service;
further, from personal payment in kind and the performance of
communal duties during the whole time the persons in question may be
either in the educational institution or civil service; (b) from the necessity of demanding for entry
into holy orders or a monastery the permission of the commune.
3. The compulsory exclusion of peasant and other classes formerly
taxable from the following ranks and careers is abolished: (a) From entering the civil service; (b) from receiving rank; (c) from receiving orders and other distinctions; (d) from attaining learned grades and honors;
(e) from completing educational courses
and particularly from winning higher class rights.
In all these cases the persons in question are allowed to retain all
the rights arising from their connections with their commune, as
well as the responsibilities thereof, until they have freely
withdrawn from the commune or entered into other corporations of
standing. With regard to the legal standing of the persons in
question, there shall serve as a basis the regulations of the rank
or profession which these persons have won.
4. Every peasant member of a village commune is allowed (a) to enter another commune without
compulsory permission; and he retains until his voluntary withdrawal
from the old community all its rights and naturally is responsible
at the same time for all its obligations and burdens; (b) after renunciation of his shares in the
profits of his communal land or his alienation of his portion of
said land, the said peasant can withdraw unhindered from the
commune, without regard for the peasant law, article 208, and
article 165 of the law about the Baschkirs, on paying a certain
compulsory subscription to the volost, and without the previous
consent of the Volost assembly, except in the case when the peasant
in question has attained membership in another commune, is in the
state service, or has gained other class rights.
5. Peasants and members of other classes, formerly taxable, are
allowed choice of domicile on the basis of the decisions provided
for in the passport regulations, and have as permanent domicile not
the place of registration but the place where they are employed,
possess land, or are householders. Such persons, with the exception
of those mentioned in the passport regulations in article 47, are to
be given residence certificate permits, both by the guilds at their
place of residence, and by the police administration in their
domicile and in the residence of the pristaff. Finally the
restrictive regulations with regard to the passports of the members
of formerly taxable classes as provided for in the passport
regulations are abolished.
6. From the 1st of January, 1907, the following are to be abolished:
(a) The poll tax levied on peasants in
certain parts of the Empire; (b) the general
responsibility for the payment of the state and land tax as well as
the commune tax in those parts of the country where the law of March
12, 1903, with regard to the abolishment of the tax responsibility
has not yet extended; (c) the necessity for
tardy taxpayers to work off their taxes, as well as the
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naming the guardians or
trustees for the collection of sundry taxes and liabilities due.
7. The following are repealed: (a), (b), (c) Certain fines
incurred by peasants tried in the volost courts, etc., viz: (a) The special regulations re punishments for
peasants and others tried before the volost courts for evading,
judgments of these courts which have not based the penalties
inflicted on the list of penalties drawn for the justices of the
peace; (b) the regulations permitting the
forcible retention from the public service of persons of the taxable
classes, as a means of special punishment, or in case of inability
of the persons in question legally condemned to pay the fines
inflicted; (c) the special measure of
prosecution provided for the existing law in the volosts of the
Baltic Provinces, that the injured person demand apology from the
offender in any case, so that the guilt of the latter may be
evident; otherwise the offender to be held for seven days’ hard
labor.
8. The following special regulations are annulled: (a) With regard to the method of dividing family lands
among the members of a family; (b) the
prohibition with regard to the right of peasants possessing no
immovable property to incur “Wechselverbindlichkeiten;” (c) the existing prohibition with regard to
former peasants cutting wood and setting up sawmills in mountain
districts.
9. The right is to be given to all peasants belonging to a village
commune, who possess the necessary census qualification, regardless
of their possessing communal land, to take part in the second
country electoral assembly (zemstvo?) without regard to their right
to take part in the choice of delegates of the village community to
the Zemstvo.
10. The rule by which governors have to confirm the delegates of the
village communities to the zemstvo from among the number of
candidates proposed by the volost assemblies is abolished and it is
left to the elected candidates to make the final election of
delegates from their own midst and to settle the succession of the
delegates. For this purpose the following rules are made:
(a) The delegates to the volost assembly are
called together in a certain place by the district marshal of
nobility, and on the order of business being announced to them by
him they are to proceed to the election of the proper number of
delegates from their own midst, in their due order; (b) after the opening of the assembly by the
district marshal of nobility, or his deputy, the order of business
is explained by him, and one of those present being elected
chairman, the former resigns the chair to the chairman so chosen;
(c) the election shall be conducted
according to the rules of electing deputies to the zemstvos.
11. Articles 57 and 444 of the regulations with regard to the
peasant’s courts, by which persons subject to the authority of the
parish, village, or “Fremvolkerverwaltung” can be brought up for
administrative punishment or fine on the action of the Zemski
Natchalnik without formal judicial procedure, are abolished.
12. It is ordered that the district authorities can only annul
decisions of the communal assemblies on the representation of the
Zemski Natchalnik, when they infringe on an existing law or when
complaints are made against them by members of the commune or those
inscribed as members thereof.
The acting Senate will not fail to take measures for the execution of
the above order.
Nicolas.
Peterhof, 5 October,
1906.
