THE CONSTITUTION ACT Of RUSSIA
1905
ARTICLE ONE – The Basic Rights of Citizens
1. All citizens, irrespective of sex, religion or nationality, are equal before the law. All class distinctions and all limitations of personal and property rights of Poles, Jews and all other groups of the population, are hereby repealed.
2. Every citizen is guaranteed freedom of conscience and religion. No persecution for religious beliefs or convictions, or for change or refusal to change religious belief, can be allowed. The celebration of religious and church ceremonies and the spread of beliefs is free, provided these activities do not include any transgressions contrary to the criminal code of law. The Orthodox Church is hereby disestablished.
3. Any person who wishes to express his thoughts orally or in writing has the right to publish and spread them through printing or any other media. Censorship, both general and special, regardless of its form or name, is hereby abolished and cannot be reinstated. However, incitement to perform criminal acts will be regarded as an offence to be tried before the courts under the criminal code of law.
4. All citizens have the right to organise public or private meetings, in dwelling as well as in the open air, to examine any problem they wish.
5. All citizens have the right to organise unions or societies without needing permission to organise the same.
6. The right to petition representatives and the Tsar is hereby extended to all citizens and organisations, such as trade unions and community gatherings and so forth.
7. The person and home of every individual is inviolable. Entry into a private dwelling, search, seizure and opening of private correspondence is allowed only in cases permitted by law and on order of the court. Individuals detained where courts are located must be brought before a court within twenty-four hours; in other localities, not later than seven days. Any detention undertaken without proper grounds or without court representation at the earliest available time is illegal and shall give the detained person the right to compensation by the state.
8. No person may be subjected to persecution or punishment except on the basis of law by authorities in a legally constituted court. All extraordinary courts are hereby abolished.
9. Every citizen has freedom of movement and travel, both within the Empire and abroad. The passport system is hereby abolished.
10. All nations inhabiting the Empire are entitled to full civil and political equality, the right of cultural self-determination, the full freedom to use various languages and dialects in public, the freedom to found and maintain educational institutions to preserve their culture, the freedom to hold any meeting having as its aim the preservation and development of the language, literature and culture of their nationality.
11. The Russian language shall be the official language of the central administration, army and fleet. The use of local languages is permitted alongside the official language in state and public institutions or educational establishments supported by the state or organs of local self-government or in any other institution where competence allows the same. The population shall be guaranteed education in Russian and in their native language elementary schools.
ARTICLE II – Government Apparatus
12. The system of governance of the Russian Empire will be determined solely by the Constitution.
13. There shall be a chamber of Representatives of the people, elected by a general, equal, direct and secret ballot of all citizens, irrespective of their religion, nationality or sex. There shall be a second chamber of representatives of the local organs of self-government, organised on the basis of a general vote as described and spread throughout all of Russia.
14. The chambers are jointly empowered in the realisation of legislative power, in determination of all government revenues and expenditures and in control of the legality and expedience of all actions by higher and lower organs of administration.
15. Any decision, decree, ukaz, order or similar act not based on the legislative measure of national representation, regardless of its name, source or location, shall not have the force of law.
16. A government inventory, which should include all revenues and expenditures of the state, should be established by law, every year. No taxes, dues, and collections for the state, as well as state loans, can be established other than by legislation.
17. All members of national representative assemblies should have the right of legislative initiative.
18. All Ministers shall be members of the national assembly and responsible to the representatives of the national assembly, and the latter have the right of questioning and interpellation.
ARTICLE III - Local Self-Government and Autonomy
19. Local self-government is hereby extended throughout the entire Russian state.
20. Representatives in the organs of local self-government, being close to the population by virtue of the organisation of small self-governing units, shall be elected on the basis of universal, equal, direct, and secret ballot, regardless of sex, religion, and nationality, while the assemblies of higher self-governing units can be selected by lower assemblies. Guberniia zemstvos have the right to enter into temporary or permanent unions among themselves.
21. The competence of the organs of local self-government shall include the entire field of local administration, including police, but excluding only those branches of administration which, under the condition of present state life, must be located in the hands of the central government. Organs of local self-government shall receive appropriate partial support from sources which now go to the budget of the central government.
22. The activity of representatives of the central government in relation to organs of local self-government shall be limited to supervision of the legality of acts; where there is dispute or doubt, the final decision is reserved for the courts.
23. Following the establishment of rights of civil freedom and proper representation with constitutional rights for the entire Russian state, there shall be opened a legal way within the framework of state legislation for the establishment of local autonomy and oblast representative assemblies, with the right to participate in the realisation of legislative authority on familiar matters in accordance with the needs of the population.
24. There shall be established, in the Polish kingdom, an autonomous administration with a seim elected on the same basis as the state parliament of Russia, preserving its state unity and participation in the central parliament on an equal footing with other parts of the Empire. Frontiers between the Polish kingdom and neighbouring guberniias shall be established in accordance with the desires of the native and local populations. In the Polish kingdom there shall be instituted national guarantees of civil liberty and of the rights of nationalities to cultural self-determination as well as protection of the rights of minorities.
25. The Constitution of Finland, which safeguards its special state status, is hereby fully reinstated. All future measures common to the Empire and the Grand Duchy of Finland should be solved by an agreement between the legislative branches of the Empire and the Grand Duchy.
ARTICLE IV – The Courts
26. All departures from the bases of the Judicial Statute of November 20 I864, which separated judicial from administrative power (non-removability of judges, independence of courts, and equality of all citizens before the law) as well as the introduction of subsequent new laws are abolished. Courts with class representatives are abolished. Matters of volost' justice are subject to the competence of an elected justice of the peace. The volost' and the institution of zemskii nachal'niks are abolished. The demand for property qualifications to perform the functions of a Justice of the Peace as well as that of a sworn deputy is abolished. The principle of the unity of appellate court is re-established. Advocacy is organised on the basis of true self-administration.
27. In addition to this, the aim of penal policy shall consist of:
(a) unconditional abolition forever of the death penalty;
(b) introduction of conditional conviction;
(c) establishment of protection during preliminary investigation; and
(d) introduction into court proceedings of controvertible rule.
28. There shall be a full examination of the criminal code, and any decrees contrary to the foundations of political freedom are hereby annulled.
ARTICLE V - Financial and Economic Policy
29. The redemption payments system is hereby repealed.
30. Direct taxes should be favoured over indirect taxes and, where decreases in taxation may occur, the indirect taxes shall be lowered first. The government should seek to repeal whenever possible any indirect tax.
31. Direct taxes on income, inheritance and property shall be progressive.
32. In conformity with the condition of individual industries, there should be a lowering of custom duties in order to cut down the cost of products of general consumption and to improve the technical level of industry and agriculture.
33. Saving banks shall be established for the development of small loans.
ARTICLE VI - Agrarian Legislation
34. There shall be an increase of arable land for that part of the population which works the land with its own labour, namely landless and poor peasants - as well as other peasants - by state, princely, cabinet, monastery, and private estates at the state's expense, with private owners being compensated at a fair (not market) price for their land.
35. Expropriated land shall be transferred to a state and land reserve. Rules by which the land from this reserve should be given to a needy population (ownership, or personal or communal use, and so forth) should be determined in accordance with peculiarities of land ownership and land usage in different parts of Russia.
36. There shall be broad organisation of government aid for migration, resettlement, and arrangement of the economic life of peasants. There shall be reorganisation of the Boundary Office, termination of surveying, and introduction of other measures for bringing prosperity to the rural population and improving the rural economy.
37. Legislation dealing with the lease relationship shall be promulgated in order to protect the right of tenants and the right to re-lease.
38. The existing rules on hiring of agricultural workers is hereby repealed and labour legislation extended to agricultural workers.
ARTICLE VII - Labour Legislation
39. There shall be freedom of labour unions and assemblies.
40. The right to strike is granted. Punishment for violations of law which occur during or as a result of strikes shall be determined in general terms and under no circumstances should be extreme.
41. Labour legislation and independent inspection of labour shall be extended to all forms of hired labour; there shall be participation of workers' elected representatives in inspections aimed at safeguarding the interests of workers.
42. An eight-hour working day is hereby established. Where possible, this must be immediately realised everywhere, and systematically introduced in other industries in accordance with law. Night work and overtime work is hereby prohibited except where technically and socially indispensable.
43. Where female persons or children are employed in labour, there must be measure established to protect them. The same shall apply for male labour when operating in dangerous enterprises.
45. There is hereby established arbitration offices, consisting of an equal number of representatives of labour and capital, to regulate all matters of labour which are not regulated by labour legislation, and solving of disputes which may arise between workers and employers.
46. There shall be established an obligatory state medical care (for a defined period) for all accident and work-connected illness compensations, which are to be contributed to by the employers in accordance with law.
47. All persons of old age or suffering disability of mind or body shall be granted allowances to enable them to make a living by their own work.
48. Where there are violations of laws dealing with the protection of labour, it shall be a criminal offence.
ARTICLE VIII - Education
49. All restrictions on school admission based upon sex, origin or religion are hereby abolished and declared illegal.
50. It is hereby established that any person or group of persons is free of their own initiative to found and organise any sort of educational institution. However, there shall be established an office to liaison between various institutions, for which institutions shall be required to pay a fee, to organise transfer of students between one school and another.
51. All universities and institutions of higher learning shall have complete autonomy and freedom of instruction. Students are free to organise themselves to represent their views to the authorities of such institutions.
52. The government is compelled to expand the number of institutions of secondary learning in accordance with reasonable public need and local public institutions should have the right to participate in the formulation of the education curriculum.
53. Elementary education shall be free, universal and obligatory, with material aid extending to those who require it to ensure attendance.
54. Local self-government shall be responsible for the organisation of institutions for the education of the adult population, such as public libraries and public universities.