The article is dedicated to the analysis of the problem of legal pluralism in the Russian Empire, arising from the integration of local law from Finland and Poland into the state’s legal system in the 19th to early 20th centuries. This issue is examined from the perspective of establishing unity or multiplicity of legal systems forming within the state during the specified period. A definitive approach to resolving this problem has not been developed either in pre‑revolutionary and Soviet legal doctrine or in contemporary legal science. A number of researchers argue that the Russian Empire, after the annexation of Finland and Poland, did not possess the character of a unified state, but rather represented a genuine union that included autonomous state entities. Consequently, the existence of a unified legal system in such a political space was deemed impossible, and the local laws of the mentioned regions constituted separate legal systems. Other authors believe that the Russian Empire had a complex yet cohesive legal system that included local norms and institutions as an integral part. This article attempts to provide a comprehensive solution to this problem using the methodological framework of historical and theoretical legal science. The aim of the research is to identify the content of the problem of integrating local laws of Finland and Poland into the legal space of the Russian Empire and to propose ways to solve it based on a comprehensive approach to defining the relationship between the legal systems of the Russian Empire and its national regions. The research objectives included: an analysis of approaches to defining the concept of a legal system; identification of the legal foundations for the accession of national regions to the empire and the genesis of state policy in this area; the characterization and comparison of the scientific concepts presented. The methodological basis of the study was the general dialectical method of cognition, historical‑legal and formal‑legal methods. The research findings identified three initial premises that simultaneously influenced the manner in which the contentious issue of the nature, method, and form of integrating Finnish and Polish local laws into the legal system of the Russian Empire was resolved. The essence of this question can be conceptually reduced to defining the relationship between the legal system of the Russian Empire and the local laws of the mentioned national regions. The first premise is the methodological approach to defining the concept of a legal system, identifying its content, structure, and boundaries. The second premise is the specific historical period chosen by the researcher for analysis. The forms and degree of integration of local legal systems changed throughout the imperial era. The third premise is the assessment of the possibility of multiple independent legal subsystems existing within a single legal system.
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Igor Danilov
Journal of Russian Law
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Igor Danilov (Wed,) studied this question.
www.synapsesocial.com/papers/69be35f96e48c4981c674879 — DOI: https://doi.org/10.61205/s160565900032541-9