On the History of Military Law in the Period of Duma Monarchy

Abstract

The article deals with the issues related to the functioning of the higher state institutions of the Russian Empire on the eve of the First World War. The Fundamental Laws of 1906 resulted in the approval of a representative system of government in the country. Although the monarch’s legislative prerogatives in the form of a general rule were now limited by two-chamber parliament represented by the State Duma and the reformed State Council, the emperor still had the opportunity, under certain conditions, to override parliamentarians in a number of areas of state life. These areas included the administration of the imperial military forces. The issue of the prerogatives of the crown and the legislative chambers repeatedly became the subject of political and legal conflicts, and Article 96 of the Fundamental Laws, which defined the scope of the powers granted to the monarch in the military sphere, was formulated in such a way that allowed for a wide variety of interpretations. The approval by Nicholas II on 24 August 1909 of Special Rules that explained the meaning of the article to the disadvantage of the prerogatives of the Duma and the State Council did not change anything in this sphere. Conflicts between the Government and parliamentarians and discussions within the government itself continued, which in many respects reflected the desire of the Military and Navy ministries to prevent interference in their affairs by both civilian agencies and Chambers,. This article reconstructs the history of the drafting of the instruction, which was intended to explain the meaning of the Rules on 24 August.