Landscaping as an object of administrative and legal protection in the Russian Empire in the XVIII century

Pomelov Kirill Pavlovich Postgraduate student; Law Institute; Vyatka State University (Vyatka State University) 18 Klyuchevaya str., Slobodskoy, Kirov region, 613155, Russia kirilljustice@yandex.ru Other publications by this author

The main directions of protective activities in the field of landscaping of Russian cities were laid down during the reign of Peter I. The legislator introduced administrative responsibility for many types of offenses in the field of landscaping. For example, for the first time in Russian history, punishment was imposed for dumping garbage on city streets ^{[1, p. 613]}, not cleaning chimneys ^{[5, p. 574]} and grazing livestock outside specially designated areas ^{[6, p. 195]}. At the same time, the norms of legal regulation in the field of landscaping established by Peter I were created against the background of more global reforms to transform the state. In many ways, these norms were spontaneous in nature and were a reaction to the resistance of residents to improve those areas of urban space for which they were responsible by the state ^{[2, pp. 54-61]}. The foundations laid at the beginning of the XVIII century required development and structuring. The reasons for this were both the beginning of the modernization of the country according to the European model, and the sharp growth of the population. Thus, the population of the country in the middle of the XVI century was 6.5 million people, and at the end of the XVII century it grew to 12 million people ^[3]. Throughout the XVIII century, the population of the Russian Empire continued to grow, largely due to the annexation of new territories, and by the end of the XVIII century it reached the mark of 37.2 million people ^{[4, p. 152]}.

The powers of control and supervision in the field of landscaping, since the era of Peter I, have been assigned to the police, which follows from the content of the order on the establishment of the post of police chief general ^{[5, p. 569]}.

During the reign of Catherine I, police legislation in general and in the field of landscaping, in particular, did not receive proper development ^[9]. During the years of government from 1725 to 1727, no decrees were issued directly related to the administrative and legal protection of the improvement of Russian cities. At the same time, it cannot be said that during this period, attention was not paid to the issues of landscaping at all. The money allocated to the Police Chief's Office for the maintenance of the city territory, including for lighting and street cleaning, was also not enough for the proper strengthening of rivers and canals. Realizing this, Catherine I issued a decree dated February 21, 1727 "On repairing and correcting damaged piles, boards and shields on the banks of Fontannaya and Mya, rivers and canals", according to which financing of coastal protection works was now provided at the expense of money received from the state monopoly on the salt trade ^{[7, p. 739]}.

The period of Peter II's reign is also not distinguished by serious innovations in the field of landscaping. Analyzing the decrees issued during this period, attention should be paid to the nominal decree of April 10, 1728 "On permission in Moscow to build stone and wooden buildings without requiring permission from the Police; on the return to the owners of courtyard places taken from them to the treasury for the construction of stone houses and on the allocation of apartments for non-commissioned officers and privates". The decree established requirements for the construction of new buildings and fences around them on the territory of Moscow. For example, during the construction of huts, it was forbidden to make drag windows in them, and when installing a fence on the territory within the Earthen City, it was impossible to make it in the form of stakes and fences ^{[8, p. 30]}. Control over the fulfillment of these requirements was assigned to the Moscow police in accordance with the instructions in force since 1722 ^{[6, p. 726]}. Another decree concerning the landscaping works in which the Moscow police were involved was the Senate Decree of June 27, 1729 "On paving trading places in Moscow with stone", according to which all commercial areas in Moscow should be paved with stone at the expense of funds allocated to the police ^{[8, p. 209]}.

During her reign, Anna Ioannovna contributed to the solution of issues related to the organization of police activities and urban improvement. It is worth paying attention to a number of regulatory documents issued during this period. The Senate decree of April 20, 1730 "On strengthening the banks of the Neva and Mya rivers in St. Petersburg; on giving Headquarters and Chief Officers, who do not have their own yards, apartments; on cleaning clogged places in the Mya River by convict wells and on exporting litter and droppings to the places shown; on being drawbridges and canals under the supervision of the Office of the buildings" regulated several important points ^{[8, p. 268]}. First of all, the Police Chief's Office had to audit the entire residential area along the Neva and Mya rivers (modern Moika) and compile a register of sites where shore protection works and bridge construction were necessary for its further transfer to the Senate. Secondly, it was necessary to organize the cleaning of the Mya River from accumulated garbage by convict workers. A ban on dumping waste into the river was introduced in the future, the control over the implementation of which was entrusted to the police. According to the Senate Decree of November 27, 1730 "On the arrangement of glass lanterns for winter lighting in Moscow", in Moscow, lighting in winter was to be organized by police forces on the central streets ^{[8, p. 344]}.

A significant stage in the development of the Russian police and administrative and legal protection of landscaping was the adoption of the Highest Resolution on the report of the Police Chief's Office dated April 23, 1733 "On the establishment of police in cities." Previously existing only on the territory of St. Petersburg and Moscow, police corps were now formed in 23 more cities ^{[10, p. 93]}. Thus, residents of large Russian cities were now obliged to comply with the requirements of landscaping legislation under threat of sanctions from the police.

Another important act is the personal decree of October 17, 1740 "On supervision so that there is no noise and fights in houses, and on the sale of drinks in pubs and inns from the ninth hour in the morning until the seventh hour at noon." For the most part, it concerned law enforcement and the rules for the sale of alcoholic beverages. But he introduced one requirement for the organization of landscaping. Now the lanterns on Nevsky Prospekt and other streets of St. Petersburg had to burn all night ^{[11, p. 275]}.

During the reign of Anna Leopoldovna and John VI, no acts were issued affecting the improvement of cities as an object of administrative and legal protection. The next significant stage of development is the era of Elizabeth Petrovna. To combat chaotic construction and give the appearance of cities an aesthetic appearance, decrees were adopted on April 17, 1742 "On the non-construction of any buildings without the permission of the Main Police" ^{[11, p. 599]} and on May 22, 1742 "On the construction of houses in Moscow according to plan and on supervision so that streets were eight fathoms wide, and the lanes are four fathoms" ^{[11, p. 602]}. According to the Senate decree of July 30, 1742 "On the assignment of land on Vasilyevsky Island from empty and vacant places to the owners of houses who wish to rebuild and distribute their yards; and on the construction and repair of houses to those who are obliged to do so by decrees, for fear of unsubscribing their villages to the treasury", responsibility for maintaining them in proper condition was introduced houses are under threat of an inventory of property (villages together with peasants) until the moment of repair work ^{[11, p. 651]}. This type of responsibility was introduced for the first time. Responsibility for the arrangement (paving) of the adjacent territory to bridges and buildings in which state institutions were located was established by the decree of August 07, 1742 "On the immediate paving of streets against state-owned and confiscated courtyards, for fear of deducting the third salary from Members of those departments who will not correct this duty" ^{[11, p. 637]}. The maintenance of all bridges was transferred to the jurisdiction of the Police Chief's Office on the basis of a decree dated September 22, 1742 "On the return of maintenance on bridges of cleanliness and repair thereof to the Police Chief's Office, and on the release of the necessary money from the Staff Office" ^{[11, p. 663]}. According to the decree of December 02, 1742 "On the construction of railings on the embankments in St. Petersburg, on the non-storage of firewood and bricks on the embankment, and on the prevention of having pubs and taverns on the main lines and on changing the passages to the cellars", the embankments of St. Petersburg should be equipped with railings ^{[11, p. 728]}. This decree also introduces responsibility for the storage and placement of property on the territory of the embankments. Another decree dated May 17, 1743 "On ensuring that there are no broken glasses in the windows on the main streets, as well as sewage against courtyards" introduced the duty of the police to impose penalties on building owners who had broken windows or the adjacent territory was not cleaned ^{[11, p. 803]}.

Subsequently, during the entire period of Elizabeth Petrovna's reign, a significant number of acts regulating urban improvement activities were issued. An obligation was introduced for urban residents to pave the territory adjacent to their houses on the central streets of Moscow ^{[11, p. 884]}.

A lot of attention began to be paid to the problem of street cleaning. It was allowed to use prisoners, with the exception of those guilty of serious crimes, to clean the streets ^{[12, p. 76]}. Fines were imposed on them for failure by the police to perform their functions of organizing and controlling cleaning ^{[12, p. 76]}. During this period, the requirements for cleanliness control in the territories adjacent to private houses were extended not only to St. Petersburg and Moscow, but also to other Russian cities where the police existed ^{[13, p. 279]}.

The issue of emergency buildings was being resolved. According to the decree of June 01, 1749 "On the maintenance of government buildings from those places where they are known, in all good order and on the repair of dilapidated ones", emergency structures owned by state bodies must be restored or rebuilt (if they were not subject to restoration). Private emergency houses were also to be restored or rebuilt in the year of the decree. In case of non-fulfillment, the owners of the houses were threatened with their gratuitous withdrawal with subsequent sale to interested parties ^{[13, p. 67]}.

The struggle against chaotic construction and the gradual transition to planned construction continued. It was ordered to demolish the buildings along Fontanka and Moika that were not installed according to plan and to impose a ban on the construction of such ^{[13, p. 340]}. Planned development was introduced throughout Moscow, and all new buildings were to be erected on the basis of an approved plan ^{[13, p. 679]}.

Priority was given to stone buildings. In many ways, the need for this was dictated by frequent fires. All dilapidated wooden buildings were to be demolished.  Huts and huts were demolished in Moscow ^{[13, p. 921]}, and retail areas were freed from such buildings ^{[13, p. 955]}. Public wells on the streets were subject to demolition ^{[13, p. 825]}. Their place was taken by wells located in the adjacent territories. Thus, the number of fire fighting wells has increased.

Under Elizabeth Petrovna, the list of public relations related to the improvement of urban areas and subject to administrative and legal protection by the state has significantly expanded. Many requirements for the maintenance of streets and buildings were introduced during this period for the first time in Russian history.

The next ruler to ascend the Russian throne was Peter III. During his short (six months) term of office, several acts were adopted affecting the field of landscaping. First of all, the decree of March 22, 1762 "On the establishment of police officers in Provinces and cities where there are no Police" prescribed the establishment of police bodies in those localities in which they were absent. The peculiarity of the decree was that they were not established everywhere, but at the discretion of the recently appointed chief director of all Police Forces, General Nikolai Andreevich Korf ^{[14, p. 744]}. Secondly, the work on the stone construction of cities continued. By the decree of April 26, 1762 "On the construction of stone buildings in St. Petersburg, for safety from fires, excluding the sides: Vasilyevskaya, Peterburgskaya and Vyborgskaya" on the territory of St. Petersburg, the construction of wooden houses was allowed only on the territory of several districts ^{[14, p. 994]}. These areas were dominated mainly by the poor part of the city's population, including workers and artisans ^[15]. In the rest of the districts, buildings were to be built of stone. Thirdly, once again a decree was issued on the need to repair roads and clean up garbage from them on the territory of Moscow ^{[14, p. 1005]}.

Catherine II ascended to the Russian throne after Peter III as the next ruler. As in previous periods, many situational decrees were adopted concerning coastal protection, street cleaning, paving roads and lighting. However, it is worth paying more attention to the global reforms in the organization of the police and in the urban planning sphere, which marked the period of her reign. All this has had a significant impact on the quality of urban improvement.

By decree of December 11, 1762 "On the establishment of a Commission for the construction of the cities of St. Petersburg and Moscow", a special commission was created to develop master plans for these two cities ^{[16, p. 127]}. Subsequently, according to the decree of July 25, 1763 "On making special plans for all cities, their buildings and streets, for each province separately", the architects who were part of this commission were sent to other Russian cities in order to develop master plans for them ^{[16, p. 319]}. During the 34 years of the commission's existence, plans were prepared that provided for the replacement of the original open-plan building of a regular type for 416 cities out of 497 that existed in 1787. This decision had far-reaching consequences for giving a modern aesthetic appearance to Russian cities.

         Another factor that influenced the appearance of cities was the large-scale police reform. By decree of April 8, 1782, the "Charter of the Deanery, or Police" was signed and promulgated ^{[17, p. 461]}. It included 14 chapters and 274 articles that regulated the legal status, hierarchy and core competencies of police agencies. According to the Charter of the Deanery, the deanery board, consisting of a police chief, a mayor, bailiffs of civil and criminal cases and two ratmans (elected members of the city magistrate), became the body of police management in the city. According to the administrative structure, the cities were divided into parts, each of which consisted of 200-700 courtyards. A private bailiff was appointed in each part of the city. The parts, in turn, were divided into blocks consisting of 50-100 courtyards. By analogy with the units, quarterly supervisors were appointed in the quarters.

         For the first time in a normative act, the term "landscaping" is used, although not in the modern sense of the word, but in the sense of both public order, the so-called state landscaping, and the direct improvement of urban space ^{[17, p. 469]}. Regarding issues in the field of landscaping related to the affairs of bridges, streets and roads, the deanery board was directly subordinate to the provincial board (Article 31 of the Deanery Charter). The roads, streets, bridges and crossings under her authority had to be maintained in good condition (article 36). This was directly monitored by private bailiffs (article 117). They were also responsible for overseeing the paving of streets and the cleaning of the urban area from garbage (Article 118). Special attention was paid to cleaning the streets for the periods of religious processions (article 60). The charter of the Deanery approved the permanent staff of the landscaping sector. In each block there had to be a chimney sweeper, a contractor for the maintenance and paving of streets, a contractor for cleaning streets and removing sewage from the streets and from the city, a contractor for the maintenance and lighting of lanterns along the streets of the city (articles 138-141). The obligation to install such an element of urban improvement as a signpost was introduced (article 143). The powers of the quarterly supervisor included control over the restoration of emergency buildings, as well as sending proposals to a private bailiff or a city official for the construction of vacant lots (article 158). Thus, with the adoption of the Charter of the Deanery, the codification of the powers of the police in the field of provision and control of landscaping was carried out.

Another extremely important act of the era of Catherine II is the "Charter for the Rights and Benefits of the Cities of the Russian Empire", issued on April 21, 1785. This document was aimed at strengthening and regulating local authorities and, as a result, the role of cities. In this case, it is not necessary to talk about the formation of local self-government in its modern sense, but in general, a step has been taken in this direction. The general City Duma, consisting of the city head and the six-member Duma, became a permanent body of the city government ^{[18, p. 382]}. The powers of the City Duma in the field of landscaping included hindering actions or omissions that violate public decency (order, safety and well-being), with the exception of issues related to the powers of the police ^{[18, p. 383]}. From the above, it can be concluded that all issues in the field of urban space improvement that were not directly assigned to the police should have been resolved by the City Duma. Also, the powers of the City Duma included control over the condition of urban buildings, the duty to create and equip public places (squares, marinas, barns, shops and others) to improve the quality of urban space ^{[18, p. 383]}. Thus, the responsibility for the creation of social infrastructure facilities in the cities now fell on the city duma.

         Summarizing the above-described reforms, several conclusions can be drawn. Firstly, the administrative division of cities into parts and blocks with the assignment of police officers to them made it possible to ensure full coverage of all large settlements, thereby strengthening police control over compliance with landscaping requirements. In addition, each block of the police now had a staff of employees providing cleaning and maintenance of streets and lanterns, which also changed the state of the urban environment for the better. Secondly, the development of Russian cities was now imputed to city government bodies, along with ensuring order and well-being in them (with the exception of those areas for which the police were responsible). This circumstance represented the first step in transferring the authority to ensure landscaping from the police to local authorities. However, these powers were very limited. So, analyzing the expenses and incomes of the Moscow City Duma for 1786-1792, it can be seen that the article "Landscaping" included the costs of making market banners and buying scales for the cattle yard, payments for renting premises for a pharmacy and "music at the Resurrection Gate" ^[19]. The designated measures are not enough to implement the tasks of urban space improvement.

After the death of Catherine II, Paul I ascended the Russian throne. His policy was largely reactionary towards the policy of Catherine II. This was also seen in the field of police organization and urban planning. By decree of December 21, 1796, the Commission for the Organization of the cities of St. Petersburg and Moscow and other cities was abolished ^{[20, p. 247]}. There was no receiver organization with the authority to develop master plans for cities. During the reign of Paul I, approaches to the subordination of the police have repeatedly changed, as well as its structure and personnel. By the decree of December 12, 1796 "On the new division of the State into Provinces", the number of provinces was reduced, administrative borders were changed ^{[20, p. 229]}. This also led to a change in the staffing of the police in the newly formed provinces. At the same time, the police were subordinate to the civilian governors. A year later, by decree of December 28, 1797, "On the state of the St. Petersburg Police, following the example of the Moscow One, under the direct supervision of the Military Governor," the police were reassigned to military governors. This state of affairs did not last long. Due to the fact that the use of exclusively military methods to solve the tasks assigned to the police did not give the desired result, it was decided to reassign the police to civilian governors again ^[21]. Thus, the frequent and sometimes contradictory reform of the police system could not contribute to improving the quality of its employees' performance of their powers, including in the field of landscaping control.

Summing up, it is worth noting that the XVIII century in Russian history is the time of the origin and formation of landscaping as an object of administrative and legal protection. Monitoring compliance with the requirements of landscaping and work on the organization of landscaping of public territories were included in the powers of the police at the beginning of the century, and throughout its entire course this trend continued. The content of the term landscaping gradually expanded, including all new elements. The level of urban amenities increased with the expansion of police personnel and the creation of police departments not only in the capital, but also in county towns. After the city reform of Catherine II, part of the authority to organize landscaping was transferred to the city government (the forerunner of municipal bodies). However, the list of questions submitted was minimal. The police continued to deal with a huge number of issues, including in the field of landscaping, which did not allow them to focus on all of them qualitatively. In addition, the end of the century was marked by violent and controversial police reforms, which further aggravated the situation. The accumulated problems had to be solved in subsequent periods.