Russian Journal of Economics and Law (Dec 2022)

Development of legislative bases regulating the legal status of foreign citizens in pre-revolutionary Russia of the 18<sup>th</sup>–20<sup>th</sup> centuries

  • P. N. Kobets

DOI
https://doi.org/10.21202/2782-2923.2022.4.790-807
Journal volume & issue
Vol. 16, no. 4
pp. 790 – 807

Abstract

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Objective: the research was conducted in order to analyze historical and legal events related to the genesis of the legislative framework for regulating the legal status of foreign citizens in the pre-revolutionary period in the Russian Empire of the 18th – 20th centuries.Methods: the methodological basis of the work includes the following methods: comparative legal, historical and legal analysis, comparison, synthesis. The author also used specific scientific methods; while solving research tasks, the main processes and events of pre-revolutionary Russian history and rulemaking in the field of migration were studied and analyzed. This approach allowed considering and analyzing the main body of legislative acts of the Russian Empire of the 18th – 20th centuries which regulated the legal status of foreigners to varying degrees.Results: during the analysis of the genesis of the pre-revolutionary period of the legislative framework for regulating the legal status of foreign nationals, it becomes obvious that our country has a good historical experience in this sphere, which could be fully used today. In the course of the research, the author convincingly proved that with the development of the Russian state, the rights of foreign citizens changed. In particular, by activating international relations at the beginning of the 18th century, the Russian authorities did not hinder the processes as a result of which foreign citizens occupied a privileged position in Russia, which necessitated the legal regulation of their status. Characterizing the peculiarities of the legal status of the persons in question, the author focuses on the absence of a single legislative act defining the rights and obligations of foreigners. The author also concludes that in the Russian Empire, the implementation of only Russian legislative norms in relation to foreign subjects was recognized, which served as a basis for foreigners in the country to obey exclusively Russian legislation and be protected by it.Scientific novelty: the work for the first time reveals the essence and patterns of social relations associated with the development of legislative frameworks for regulating the legal status of foreign citizens in pre-revolutionary Russia, compares crisis migration situations of today and other historical epochs, and identifies a strategy and tactics for the legal regulation of problematic migration processes.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activities when considering the issues related to the study of the legal status of foreign citizens in pre-revolutionary Russia.

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