6. The Holy Ruling Synod.

The general significance of the Synod, which was established by Peter the Great in 1721, was set forth in the fundamental laws, which state that in church administration the autocratic power acts through the medium of the Holy Synod.

Thus the rights of supreme power within the sphere of church administration were determined by the competency of the Synod. In order to form a correct idea of the jurisdiction of the Synod it must be borne in mind, that the Russian Church is a local one and only a part of the Ecumenical Orthodox Church; and is, therefore subject to the dogmas and regulations of the Ecumenical councils. The Synod had taken the place of the former Patriarch of Russia as the chief administration of the Russian Church, and, consequently, only matters of church administration come under its jurisdiction.

The Synod was, therefore, in the first place, the guardian of the purity of faith; it sees, that all the members of the clergy perform their duties in the spirit of Orthodoxy; it concerns itself with the extermination of dissent and superstition, and superintends the publication of religious books. In the second place, the Synod took charge of public religious education and the propagation of Orthodoxy; it also has control over religious educational establishments, and, since 1885, over church parish schools for laymen. Thirdly, the Synod was the highest court for all ecclesiastical affairs whether administrative or judicial; and it decided all matters, relating to marriage.

The Synod composed of permanent members with the Metropolitan of St. Petersburg as their president, and temporary members, who are bishops, appointed to attend the Synod periodically. The Procurer General, or Attorney General, of the Synod has the power of a Minister in matters of church administration, and serves as the medium between the Synod and all other state institutions.

The Procurer General had an assistant and a chancery, or office. He is also at the head of a number of other establishments, namely: I. the Committee of Spiritual Education, which governs the institutions of religious instruction; 2. the Council for Parish Schools, belonging to the Church; 3. the Censorship of religious subjects; and 4. the Economical Department and Control of special funds of the Synod.

Besides St. Petersburg, the Synod has two other offices, one for Moscow, and the other for Georgia Imeritia.

b) THE MINISTRIES.

a) Their history.

The history of the Ministries begins only in the XIX century. As central institutions, entrusted generally with the management of all parts of the administration, their place was previously filled in Russian history by the Prikazy, or Offices of the Moskow period, and the Boards, Kollegii, of Peter the Great.

The organization of the Ministries was completed in the reign of the Emperor Alexander I; but in 1802 the first institutions of this kind still bore the characteristics of a compromise between the old and the new systems of administration. In fact there were no Ministries, but only Ministers, amongst whom the duties of all the Boards were distributed. The Ministers had the right of reporting personally to the Sovereign on all most important matters, but not without the consent of the other Ministers. Superior control over the Ministries was entrusted to the Senate, which examined the accounts of the Ministers and reported on them to the Sovereign.

The principal object of the establishment of the Ministries is clearly stated in the Manifesto of February 10, 1802, which says: “We have found it necessary to separate the affairs of State into different sections, according to their natural connexion”.

Thus, on the one hand an effort was made to obtain an effective distribution of business and on the other, to invest the organs of administration with responsibility.

In 1803, Prince Kotchoobey, the Minister of Interior, presented a report to the Sovereign, pointing out the inconvenience of retaining the Boards on account of their slowness of procedure, insufficient distribution of labour, redundance of formality, and lack of responsibility. This report led to the abolition of all the Boards, except those of War, Marine, and Foreign Affairs, and the substitution in their place of departments, or institutions of a bureaucratic nature.

b) The organization of Ministries.

Ministries are institutions, by means of which the Supreme power operates in executive order. Consequently the Ministries in their action are directly subordinate to the Monarch, who conducts through them the whole administration.

In this sense the Ministries constitute the organs of Supreme government. But, at the same time, they enjoy very extensive independent authority and stand together with the Senate at the head of the whole subordinate administration.

They enforce the execution of laws and orders by subordinate institutions, supervise the action of such institutions, and decide, by virtue of the law, all difficulties and doubts, arising in the administration.

In special cases, in which the existing laws are found to be inadequate, the Ministers report to the Emperor and solicit his decision. But in cases, not admitting of delay, they may even exceed the limits of their legal authority, and are only bound subsequently to prove the urgency of the measures adopted.

The legislation of late years has more and more frequently left it to Ministers to issue orders not only for the fulfilment of existing laws, but also for their amplification, as the law determines only general principles, and necessitates the elaboration of details by means of Ministerial Circulars.

Each Minister, on taking posession of his post, is required to revise his Ministry, and submit to the Emperor a plan of improvements in the department confided to his care, and, subsequently, he must report from time to time on the extent to which the plan indicated has been carried out. In addition to this, an annual report must be drawn up in each Ministry, and examined first by a special commission, and then by the Council of Ministers. Pecuniary Accounts are audited and verified by a special institution, called the State Comptrol.

The examination of reports may lead to a Minister being held responsible for any illegal action on his part thereby disclosed.

Moreover, the question of responsibility may arise on the complaint of private persons, or in consequence of charges brought forward by the local authorities, etc. But all declarations in respect of the illegal or irregular action of Ministers cannot be proceeded with further without the approval of the Emperor. Ministers are responsible firstly for exceeding their authority, and 2nily for inaction.

Transgression of authority, however, is not punishable, if the Minister can prove the urgency of the extraordinary measures adopted by him. Even a law that is harmful, although it may have been submitted by a Minister, does not entail the responsibility of the Minister after it has been accepted and confirmed in due course of legislation, as this confirmation, of itself, removes such responsibility. Lastly, a Minister is not responsible for any executive measure proposed by him, if it be accepted by the Senate, or approved by the Emperor, unless he shall have wilfully misled the Senate or the Sovereign power.

The rights accorded to Ministers, bring them into contact with all the institutions of the State legislative, judicial and executive.

In the first place, Ministers may not of themselves issue any new law; they can only give notice of the necessity of a new law, or the repeal of any existing law. In the next place, as members of the State Council, Ministers participate in the discussion of legislative projects; and lastly, they enjoy the right, equally with other high dignitaries, of announcing verbal decrees of the Sovereign. Such are their relations to the legislative authorities.

There are several Ministries, and amongst them the whole task of administration is divided. At the sarne time all the Ministries constitute one administration, although no Minister may encroach upon the jurisdiction of another. Unity among the Ministries is maintained by the Sovereign power, and the means for this purpose, it will be remembered, is the institution of the Council of Ministers. Each Minister is entrusted with a certain branch of administration, and he can demand from his subordinates precise and unquestioned obedience in carrying out his orders. But such compliance should not be merely passive, but within the limits of the law. Every official, on receiving instructions from a Minister, revoking any law whatsoever, is bound to notify the Minister to that effect and if the latter repeat the order, the matter must be submitted to the Senate. This course is followed even in cases, in which a Minister announces a verbal Imperial decree in disagreement with existing laws. Furthermore, persons, subordinate to a Minister, are not obliged to execute his instructions, if in substance they belong to the jurisdiction of another Ministry. Such cases have to be submitted for the decision of the latter. Ministers are provided with Assistant Ministers, who of themselves, with certain exceptions, do not possess any executive authority, although a Minister may entrust to his Assistant the decision of certain series of questions or the management of any section of the Ministry.

During the absence or illness of a Minister, his duties are generally fulfilled by the Assistant. A Minister is invested with the power of decision [6, 300].