
The title page of the Nakaz.
'''Nakaz''', or 'Instruction, of Catherine the Great' () was a statement of legal principles authored by
Catherine II of Russia, and permeated with the ideas of the French
Enlightenment. It was compiled as a guide for the All-Russian Legislative Commission convened in
1767 for the purpose of replacing the mid-17th-century
Muscovite code of laws with a modern law code.
The Instruction proclaimed the equality of all men before the law and disapproved of death penalty and torture, thus anticipating some of the issues raised by the later
United States Constitution and the
Polish Constitution. Although the ideas of
absolutism were emphatically upheld, the stance towards
serfdom is more blurry: the chapter about peasants was retouched a number of times, as Catherine's views on the subject evolved.
Catherine worked on the Instruction for two years. In 1766, she showed the manuscript to her closest advisors,
Nikita Panin and
Grigory Orlov, asking them to make changes as they thought necessary. In its final version, the Instruction consists of 22 chapters and 655 articles, which embrace various spheres of state, criminal, and civil law and procedure. More than 400 articles are copied verbatim from the works of
Montesquieu,
Beccaria, and other contemporary thinkers.
In 1767, Catherine sent the German edition to
Frederick II of Prussia and the French one to
Voltaire. She wrote to one of her correspondents that "for the benefit of my Empire I pillaged President
Montesquieu, without naming him in the text. I hope that if he had seen me at work, he would have forgiven this literary theft if only for the good of 20 million people which it may bring about. He loved the humanity too much to be offended;
his book was my breviary".
The extant manuscript of the Instruction was written by Catherine in French. There is also a Russian translation by herself. On
10 August 1767 the Russian and German editions were printed in
Moscow. The Latin and French editions followed in 1770. It should be noted that in 1769
Duc de Choiseul had the Instruction officially prohibited in
France as a "libertarian book".
The Instruction generated much discussion among Russian intellectuals and exerted considerable influence on the course of the
Russian Enlightenment. It was in this document that the basic tenets of the French Enlightenment were articulated in Russian for the first time. Catherine's work had little practical value however: the Legislative Commission failed to outline the new code of laws and the Instruction never circulated in Russia outside Moscow and St. Petersburg.
Denis Diderot, who visited Russia in 1774, penned an extensive critique of the Nakaz — ''Observations sur le Nakaz'' — which opens with a famous contention: "There is no true sovereign except the nation; there can be no true legislator except the people".
External links
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Extracts
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Full text
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Catherine II and her Nakaz