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1910. The Collection of Decrees of the Grand Duchy of Finland. Nr 45.

The Act passed by the State Council and the State Duma and most Graciously confirmed.

1097. Concerning the procedure to be complied with issuing laws and decrees of all-Empire* significance in Finland.

On the original document the Imperial Majesty has signed with his own High hand:

"To be as herein".

In Baltischport, aboard the yacht "Standart", on the 17th of June, 1910.

Countersigned: State Secretary Makaroff.

The Act

passed by the State Council and the State Duma

concerning the procedure to be complied with issuing laws and decrees of all-Empire significance for Finland.

I. In explaining, amending, supplementing and annulling the statutes herewith including those issued in accordance with the legislative procedure of the Grand Duchy of Finland (Code of Law, Vol. 1, part 1, Fundamental Laws, edition of the year 1906, article 2) the following is enacted:

1. Laws and decrees whose operation extends to the Grand Duchy of Finland will be issued:
1) in order laid down by general legislation if they relate not only to solely internal affairs of this land,
2) in the order laid down by special legislation (Fundamental Laws, edition of 1906, article 2), if they relate only to solely internal affairs of this land.

2. Besides the Imperial Fundamental Laws and other laws and decrees promulgated in the general order of legislation and whose operation has extended to Finland before the present Act, as well as statutes amending and supplementing the same, the laws and decrees indicated in article 1 section 1 will include Acts and decrees ruling on
1) Finland's contribution to State Expenditure and the institution therefore of levies and taxes;
2) obligation of Finland's population to serve in the military and other obligations serving for military needs;
3) rights in Finland of Russian subjects who are not citizens of Finland;
4) the employment in Finland of the Empire's language;
5) principles for Finland's administration by special institutions, based on the special legislation (Fundamental Laws, edition of 1906, article 2);
6) rights and duties of imperial institutions and authorities and their order of action in Finland;
7) the execution in Finland of sentences and verdicts of courts of law in other parts of the Empire, requirements by authorities therefrom and agreements and covenants there entered into
8) establishing exemptions necessary for all-Empire interests in the Finnish Penal Code and the Legal Proceedings Act;
9) securing the all-Empire interests in the matter of drawing up the educational curriculums and in supervising teaching;
10) ordinances concerning public meetings, societies and associations;
11) rights and conditions of working in Finland of companies and societies established in other parts of the Empire and abroad;
12) legislation for the press in Finland and the import of printed matter from abroad;
13) the Finnish Customs Office and the customs tariff;
14) protection in Finland of industrial and trademarks and patents, as also the literary and artistic copyrights;
15) the monetary system of Finland;
16) the post office, telephone, aerial navigation and other similar means of communication in Finland;
17) the Finnish railways and other transportation for needs of the Empire's defence, as also the connections between Finland and the other parts of the Empire together with international traffic; the railway telegraph;
18) merchant navigation in Finland together with pilot and lighthouse authorities;
19) rights in Finland of foreigners.

3. Alterations and additions to the list of laws and decrees contained in the 2nd article will be initiated solely by the Emperor in the order of general legislation.

4. Legislative initiative in subjects mentioned in the sections 1-19 of the 2nd article belongs solely to His Imperial Majesty.

5. A request for a conclusion from the Imperial Senate of Finland should be submitted by the appropriate Minister or by the Chief Executive of the concerned department through the assistance of the Governor-General of Finland when preparing bills, drafted by Ministers and Departemental Executive Officers, for subjects listed in the sections 1-19 of the 2nd article and in the 3rd article, before the Bill is submitted to the Council of Ministers. The delivery to the Imperial Finnish Senate, on matters concerning Finland and drafted by Ministers and Departemental Executive Officers, other than those indicated in the 2nd article, is left to the consideration of the Council of Ministers and is then done in the same order.
Ministers and Departemental Executive Officers are authorized, when delivering matters to the Imperial Senate of Finland for its conclusions, to fix a time limit; if no answer is received in due time, the subject takes its further course without the said conclusions.
The conclusions of the Imperial Senate of Finland are communicated to the appropriate Minister or Departemental Executive Officer by the Governor-General of Finland.
6. Motions initiated by the Governor-General of Finland and the Imperial Finnish Senate for Bills and decrees mentioned in the article 1 section 1 are brought before the Council of Ministers by the Governor-General.

7. The Council of Ministers is obliged to ask for a conclusion of the Finnish Diet on Bills listed in sections 1-19 of article 2 or in article 3 and affecting jurisdiction of the Finnish Diet or having an impact on local Finnish Acts that have passed through the Diet, before they are submitted to the State Duma. Whether a conclusion of the Finnish Diet should be asked concerning other Bills, mentioned in article 2 and 3 and concerning Finland, depends on the Council of Ministers and should be made before submitting such Bills to the State Duma.
By virtue of a resolution of the State Duma, a request for conclusion can referred to the Diet on Bills affecting Finland (art. 2 and 3) and on which no conclusion was previously requested by the Council of Ministers. This request can only be made before the law is adopted in the State Duma's plenum.
The Bills to be referred to the Diet for its conclusions by the resolutions of the Council of Ministers or of the State Duma, will be communicated to the Diet by the Chairman of the State Council through the Governor-General of Finland. The Diet's conclusions on bills introduced to it are made in the course of same, ordinary or extra-ordinary session in which they were introduced to it, unless this happens later that two months before the closing of the session; in that case, the conclusions are made in the next ordinary or extra-ordinary session. These conclusions along with all appropriate supplementary matter will be communicated in Russian through the Governor-General of Finland to the Chairman of the State Council for forwarding them as required. If no conclusion follows in due time, the Bill will be processed without such conclusion.

8. Promulgations of Acts and Decrees mentioned in article 1 section 1, done by the Governing Senate in due and confirmed process, will be regarded as their promulgations also in Finland.
The Governor-General of Finland will take all appropriate measures needed for translating these Acts and decrees into Finnish and Swedish and for their announcements to the local population.

9. The Governing Senate will, in accordance with the general rule, exercise the highest supervision in controlling that the Acts and decrees mentioned in the article 1 section 1 will be properly executed, explained and impressed on people's minds and it will also resolve all possible differences of opinions and uncertainties. The Governor-General of Finland, for his part, should take all measures necessary in Finland for ascertaining the proper execution of orders by the Governing Senate.

10. Acts and decrees enacted in accordance to the general order of legislation (article 1 section 1) will automatically abrogate all statutes of Finnish Acts and decrees, given in accordance with the special procedure (article 1 section 2), which are contradictory to them. They enjoy full authority over all contradictory statutes in local Acts and decrees.

11. Acts and decrees enacted in accordance with the special procedure (article 1 section 2) cannot annul, change or complete, make ineffective or explain Acts and decrees enacted according in the general order (article 1 section 1).

II.
The State Council and the State Duma will admit representatives for the population of the Grand Duchy of Finland who are to be elected in accordance with the Directive given to the State Council and in accordance with the Electoral Decree for the State Duma but with the following changes and additions:

A. About the State Council Elections.

1. The Finnish Diet elects to the State Council for a period of three years two members from those who are eligible to the Diet and who also comply with requirements by the articles 2 and 3 below.
Detailed regulations for the procedure to be observed when electing members to the State Council are drawn up by the Diet.

2. Persons who in the Grand Duchy of Finland are not eligible to the State Council, include, in addition to those mentioned in the article 20 of the Directive for the State Council (Code of Laws, volume 1, part 2 edition of 1906 and in its Supplement of 1908): 1) persons sentenced in the court of law for a crime which according to the local Penal Code is punishable by a term in a penitentiary or by deprivation of confidence as a citizen or by becoming unworthy for public service, when not acquitted by sentence of a court of law, even though they after pronouncing the sentence, could have been relieved of the penalty because of limitation or in virtue of Imperial Grace or because of a special Gracious Rescript; 2) persons who by the decision of a court of law in the Grand Duchy are removed from their offices, for the space of three years from the moment of such removal, even though they could have been relieved of the penalty because of limitation or in virtue of Imperial Grace or because of a special Gracious Rescript; and 3) persons who are indicted for crimes indicated in section 1 of the current article or for crimes punishable by removal from office.

3. No person without a command of Russian is eligible as a member of the State Council.

4. The electoral proceedings of the Diet (art. 1), as also protests of misconducts in the elections and the Speaker's explanations to these protests are presented, not later than a month after the elections, in Russian to the Governor-General of Finland, who will expedite them in due process to those concerned (the Directive for the State Council, 1906 edition, art. 22).

B. About the State Duma Elections.

1. The population of the Grand Duchy of Finland will be represented in the State Duma by four members.
2. The members of the State Duma representing the population of the Grand Duchy of Finland will be elected by the Finnish Diet among the persons who are eligible in the parliamentary elections and who otherwise satisfy the requirements indicated below in the articles 3 and 4.
Detailed instructions for the procedure to be observed when electing members to the State Duma are drawn up by the Diet.
3. Persons who in the Grand Duchy of Finland are not eligible to the State Duma, include, in addition to those mentioned in the articles 9-11 of the Decree for elections of the State Duma (Code of Laws volume 1 part 2, 1907 edition): 1) persons sentenced in the court of law for a crime which according to the local Penal Code is punishable by a term in a penitentiary or by deprivation of confidence as a citizen or by becoming unworthy for public service, when not acquitted by sentence of a court of law, even though they after pronouncing the sentence, could have been relieved of the penalty because of limitation or in virtue of Imperial Grace or because of a special Gracious Rescript; 2) persons who by the decision of a court of law in the Grand Duchy are removed from their offices, for the space of three years from the moment of such removal, even though they could have been relieved of the penalty because of limitation or in virtue of Imperial Grace or because of a special Gracious Rescript; and 3) persons who are indicted for crimes indicated in the section 1 of the current article or for crimes punishable by removal from office.

4. No person without a command of Russian is eligible as a member of the State Duma.

5. The electoral proceedings of the Diet (art. 2), as also protests of misconducts in the elections and the Speaker's explanations to these protests are presented, not later than a month after the elections, in Russian to the Governor-General of Finland, who presents the list of persons elected to the State Duma to the Governing Senate for publication for the general information, and forwards the electoral proceedings, protests and explanations to the State Duma.

III. The expenditure caused by remitting the appropriate daily allowances and travelling expenses to members elected from the population of the Grand Duchy of Finland to the State Council and to the State Duma (the Directive for the State Council, 1906 edition, art. 28; the Directive for the State Duma, 1908 edition, art. 23), will be debited from the State Treasury and will be reimbursed with equivalent sum from the Finnish Crown revenues.

Signed: Chairman of the State Council M. Akimoff.



Published in the Collection of governmental statutes and regulations on the 21th of June (4th of July) 1910 Nr. 100 printed by the Governing Senate.


*) in Russian: общегосударственный

The State Council (Государственной Совѣтъ), the State Duma (Государственная Дума) and the Governing Senate (Правительствующій Сенатъ) are institutions of the imperial government in Russia. Departemental Executive Officer is a translation to Главноуправляющій. Abbreviation of the Code of Law (Св. Зак.) and Directives refer to Russian legislation. Translated from the official Finnish version by Pauli Kruhse. Translation later cross-checked with the book "Finland. Its place in the Russian state" by Lt. Gen. M. Borodkin, Chief of the Alexander Academy of Military Jurisprudence. St. Petersburg, 1911 (Translated from Russian)

The humble petition of the Diet of Finland to H.I.M. the Emperor of Russia, May 26, 1910 (Open Library).


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