5. The Ruling- Senate.

The Ruling Senate is a supreme institution, to which all departments and official functions of the Empire are subordinate, with exception of the higher State institutions, such as the Council of State, the Committee of Ministers, etc. It has no special President, as the person of His IMPERIAL MAJESTY is supposed to preside over it. Hence the power of the Senate is limited solely by the power of the Sovereign. The Senate's orders, Ukasy, are obeyed by all subordinate persons and offices of administration in the same way as the personal orders, Ukasy, of the Sovereign. The explanation of this importance of the Senate is to be found in its history.The Senate was established, on February 22^nd, 1711, by the Emperor Peter the Great, who, on leaving for the Turkish war, deemed it necessary to create a superior state institution with extraordinary and extensive power.

All branches of the administration, supreme supervision over the execution of justice, and superior power and legislative initiative were concentrated in the Senate.

When the Ministries were formed in 1802, the Senate necessarily lost a considerable share of influence over the various branches of State administration. Its participation in the executive functions of the Government was also greatly curtailed on the establishment of the Committee of Ministers by the Emperor Alexander the Blessed in the same year (1802). Nevertheless, the Senate has retained its essential rights and duties in State administration down to the last day of the Empire, and continued to constitute the high Court of Justice for the Empire.

Peter the Great established the post of Attorney General in the Senate, with the intention, that it should form the connecting link between the Senate and the Sovereign. It was named by Peter I The Tsar's eye in the affairs of State. The Attorney General was invested in the reign of Catherine II with great power, Prince Viazemsky, who held the post, concentrating in his hands many of the functions of the central administration. On the establishment of the various Ministries, the office of Attorney General was transferred to the Minister of Justice, who became responsible for the legality of the decisions, rendered by the Senate, and the accuracy of its proceedings.

The Ruling Senate composed of eight Departments, two of which were Courts of Cassation, (one -criminal and the other civil), and one the Department of Heraldry. These Departments, irrespective of their separate functions, also acted together in Plenary Meetings and Sessions. According to law, as was mentioned above, the person of His IMPERIAL MAJESTY could alone preside over THE RULING SENATE.

the Senate. There is therefore no president in the I st Department, which has to deal with the more important class of questions, while in all the others the chair is taken by a Senator, specially appointed by Supreme command. The Ministers or their assistants may be invited to attend at the sittings of the Senate in cases of certain importance. In each Department the proper transaction of business is superintended by a legal officer or Ober-Procuror, who in the Department of Heraldry bears the title of Master of Heraldry. The Ober-Procuror has charge of the chancery of his Department and is directly responsible to the Minister of Justice.

The competence of the Ruling Senate was of an extremely varied character. The jurisdiction of the 1st Department, which affords the most striking instance in this respect, extended to the promulgation and elucidation of laws; the supervision over all offices of the central and local administration, and the determination of all disputes and conflicts between them; the indictment of higher officials; and to matters of so-called administrative justice, relating to complaints of the illegality of orders, emanating from different administrative departments and persons in authority not excepting even the Ministers themselves.

The 2^nd Department elucidated the meaning of regulations concerning the peasants, and investigates complaints, made against peasant institutions in the provinces. The Department of Heraldry managed all matters, relating to the rights of the nobles and honorary citizens. It was also charged with the duty of composing coats of arms and of compiling the Armorial Register of the nobility.

The 3^rd , 4^th and 5^th Departments of the Senate undertaked the management of judicial, civil and criminal affairs in places, where the new judicial institutions have not yet been introduced, as for example, Siberia and Toorkistan. These Departments had, furthermore, the conduct of special matters, relating to land surveying, and commercial lawsuits, brought before the Senate from the commercial Courts.

Judicial cases coming before the Senate from places, enjoying the operation of the new judicial institutions, formed by the law of November 20^th , 1864, were subject to the jurisdiction of the two Departments of Cassation, civil and criminal respectively, each Department being subdivided into several independent sections.

In regard to the General Assemblies of the Ruling Senate, it must be mentioned, that the 1^st and 2^nd Assemblies examined exclusively matters, laid before them either by Supreme command, or by the Departments, in consequence f a divisions of opinion amongst the senators, or by means of protest on the part of the Ober-Procurors.

The General Assemblies, whether of the Departments of Cassation only, or of the 1^st Department and Departments of Cassation, were convoked for the decision of questions of a judicial -administrative character, specially subject to their jurisdiction. In addition to these, the more important matters, connected with the control over courts of law and judicial administration, were distributed between the united sessions of the 1^st Department with the two Departments of Cassation, and the so-called High Court of Discipline. Finally, a special Court is formed in the Senate consisting of six senators and four class representatives for the trial of crimes against the State.