Almanac of Ukrainian Studies. 2015. Volume 18
1
Olena Kokhan
Subordination of Kyiv City Life to the Russian Empire’s Laws
at the End of 18th – on the Beginning of the 19th Century
From the end of the 15th century Kyiv used the Magdeburg Law, which was granted
the city by Lithuanian prince Alexander. Later the Law was repeatedly confirmed by
Polish kings, Moscow tsars and Russian emperors. The Magdeburg Law released
burghers from the provincial court and its fines. However, the burghers had to pay
annual military taxes to the state treasury, and to serve a military service. Because
of the Magdeburg Law, the burgers got right to keep taverns and forward the profits
in favor of the city. One of the sings of the Kyiv self-government became magistrate. Members of the magistrate were elected by urban population of the city and
protected their interests.
From the end of the 18th century Kyiv gradually began to obey to Russian Empire’s Law, so the burghers began to lose their rights and privileges. In 1764–1783
Empress Catherine II canceled action of Magdeburg Law in Kyiv. Later, in 1797
Emperor Paul I returned Magdeburg Law and self-government to Kyiv, but it was not
the same Law as it was before, because all governments in the city had elements
of Russian Law, and all administrative agencies were subordinated to provincial
institutions.
At the end of 18th – at the beginning of the 19th century in Kyiv lived people from
different social conditions. There were nobles, burghers, clergy, merchants, soldiers,
and proprietary people. In particular, in 1785 there were so many houses in Kyiv:
Social conditions
Merchants
Burghers
Commoners
Soldiers
Proprietary people
Number of houses
in Podil
Number of houses
in Pechersk
Number of houses
in Old City
10
20
1
1974
46
54
89
315
222
0
633
305
37
172
0
Burghers, as social conditions, began to form in Russian Empire in the 17th century. In 1785 Empress Catherine II issue Brevet to Cities, whereby urban residents received exclusive right to trade and doing crafts in the city. Also, the Brevet
strengthened corporate rights of the urban residents, transferred to the ownership
of communities on the ground, introduced a Class courts, released a Class courts
to perform burdensome treasury services.
2
Taras Shevchenko National University of Kyiv
In 1835 was introduced Code of Laws of Russian Empire, in the ninth volume of
which were sections dealing with caste society. According to the Code, to the burghers could enter country people, children of personal nobility, who hadn’t officer
ranks and enjoyed the rights of hereditary honorary citizenship, foreign citizens,
everybody, who had the right or the obligation to choose a way of life. However,
with those people who rejected the election of lifestyle, they acted as with vagrant.
Kyiv burghers were the most numerous among the social classes who lived in
the city at the end of 18th – at the beginning of the 19th century. The burghers supplemented by people of different social classes and by burghers from other cities,
who came to Kyiv and lived there.
Mainly, to Kyiv burghers attributed merchants of the third guild, who couldn’t verify
their identity to the guild. Also to the burghers attributed Jews, who became Christians, freed, who were registrated in burghers for revision, magistrates peasants,
pupils of Kyiv commandment, crown peasants, and people belonged to clergy.
During the beginning of the 18th century – the mid-19th century in all cities, towns
and villages in Russian Empire there were evolved census tales. In the census
tales written all the inhabitants of cities, towns and villages by name to charge the
poll tax. There were 10 census tales in Russian Empire in 18th and 19th centuries
made by representatives of cities, towns and villages governments: in 1719, 1742,
1762, 1782, 1795, 1811, 1816, 1836, 1851 and 1858.
All the burghers recorded in census tale during the next census were called
old-timers. Those of the burghers who were recorded after census were called new
recorded. If someone from new recorded burghers didn’t pay the poll tax or left the
city without paying the tax, old-timers should do it instead of them.
According to the Kyiv county treasury there were 8234 burghers in 1841.Two
years later, in 1843, there lived 8395 burghers in Kyiv.
In 1785 Empress Catherine II spread “The charter of rights and benefits to cities
of the Russian Empire” on Kyiv. In the section of “The charter” called “City regulations” noted:
• ownership and possession of everybody who lived in city was kept and guarded;
• everybody who lived in city should write receipt that they adopted civil law and
undertook to pay all bourgeois guilt;
• everybody who earned philistine bargaining or craft should pay all duties and
bourgeois life both personal and real, and pay all burgher taxes;
• those who were not enrolled in pettiness, didn’t have the right to do burgher’s
craft;
• all the burgher’s craft were protected by justice;
• burghers were allowed to have or built guest house for storage and sale of goods.
Also they were allowed to have shops and barns in their houses;
• burghers were allowed to have and use courts for transportation and export of
goods.
Almanac of Ukrainian Studies. 2015. Volume 18
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Despite that, at the end of the 18th– at the beginning of the 19th century all burghers were assigned to a specific city. That complicated for burghers transition from
one city to another.
If a burgher decided to get passport for permission a temporary departure from
the city, he should pay full state and local taxes over the full time of a departure.
This rule greatly affected on poor burghers, who couldn’t go to a city to improve
their financial situation.
In 1826 in Kyiv produced three types of passports: annual, biennial and for three
years. It was forbidden to issue passports in the long term for merchants and burghers.
In the second part of “The charter” called “About urban residents. The formation
of urban society and about benefits of urban society” noted the rights of burghers
to participate in local government. Among them were next paragraphs:
• burghers of each city received permission for gathering in urban communities.
They used different rights and benefits;
• burghers met with the permission of the governor or governor-general for permitted
elections and for listening suggestions of the governor-general or governor;
• burghers given the right to elect mayors and rathmanns every three years. Also
they given the right to elect verbal trial courts every year;
• merchants and burghers given the right to vote for jurors of the provincial
magistrate and for assessors of conscientious court every three years;
• assessors in the courts elected from burghers by the burghers, who were recorded
in urban narrow-minded book;
• burghers were allowed to gather in parts of the city and present their candidates
for elections, in case if the elections of the burghers of all city would last very
long time;
• urban community were allowed to have a house for meetings and archives;
• it was not allowed to vote for any burgher who did not have the capital in the city,
which was taken from equity interest below 50 rubles. Also it was not allowed to
vote for any burgher who was younger than 25 years. Those people could only
be present during the elections, but did not have the right to vote;
• city community had to vote for captains and deputies every three years. The
captains and deputies had to make and continue the city narrow-minded books.
Everybody who belonged to craft shops participated in elections of the craft head.
Kyiv burghers could be elected as kvartarmistry and razarni. Those jobs were not
paid, but required much attention and time.
Assistants of kvartarmistriv and razarnykh were administered from Kyiv burghers.
Their appointment was approved by Kyiv magistrate.
At the beginning of the 19th century posts in the Kyiv magistrate were occupied
by a small circle of wealthy and influential burghers.
4
Taras Shevchenko National University of Kyiv
Wealthy burghers could be elected on the post of captains. One of them was Kyiv
captain Heorhiy Rybalsky (1801–1813), who owned farm with distillery on Priorka
and two more mansions in Kyiv. One of the mansions was located on Podil near
Florivsky monastery. Another mantion was located on Pechersk.
In conclusion, from the end of 18th – the beginning of the 19th century Kyiv
gradually subordinated the legislation of the Russian Empire, according to which
Kyivburghers lost rights and privileges enjoyed since the end of the 15th century
and which was repeatedly confirmed by Polish kings and Moscow tsars. The new
rule that began to live Kyiv, was based on the laws of the Russian Empire, above
all, “The Brevet to the cities”, published by Empress Catherine II in 1785, and “The
Code of the Laws of Russian Empire”.