scholarly journals Prosecutor’s Supervision and Management of the Inquiry on Political Crimes in the Russian Empire (Regulatory Framework)

2018 ◽  
Vol 5 (4) ◽  
pp. 182-191
Author(s):  
V P Gorbachev
Keyword(s):  
Police Officers ◽  
Russian Empire ◽  
Regulatory Framework ◽  
Judicial Reform ◽  
Legal Capacity ◽  
Supervision And Management ◽  
The Law ◽  
The Russian Empire

The article, based on the normative and archival materials, considers the issues of prosecutor’s supervision and management by the gendarme and the police inquiry about political crimes in the Russian Empire after the judicial reform of 1864. The inquiry of such crimes was of two types: formal (criminal procedural) and administrative (protective). The Prosecutor’s office managed directed by inquiry by giving instructions on cases. The supervision was manifested itself in the coordination with the Prosecutor’s office of certain actions of the gendarmerie and the police officers, in the presence of prosecutors during investigative actions, in studying the materials of the inquiry, cancellation of illegal decisions, reviewing complaints about the actions of the gendarmerie and the police, addressing issues of responsibility for violations, etc. Forms and features of Prosecutor’s supervision for each of the specified types of inquiry are considered. It is concluded that the Prosecutor’s supervision and management of the inquiry in political cases had limited legal capacity. At the same time, compared with the management and supervision of the police inquiry on common crimes, the formal inquiry on political crimes was under more careful supervision of the Prosecutor’s office, which responded (though not always) to the revealed violations. At the same time, protective proceedings, which most affected the personal inviolability of citizens, the law almost completely withdrew from the Prosecutor’s supervision. Despite this, gradually, departmental regulations and practice have developed some forms of the implementation of prosecutorial supervision and over protective proceedings. Considered some of the inaccuracies that occur in the literature when reporting on issues of prosecutorial supervision over the investigation of political crimes.

scholarly journals Practice of relationships between the Prosecutor’s office and the gendarmerie in the investigation of political crimes

2018 ◽  
Vol 83 (4) ◽  
pp. 28-37
Author(s):  
V. P. Gorbachov
Keyword(s):  
Russian Empire ◽  
Judicial Reform ◽  
Mutual Understanding ◽  
Political Repression ◽  
Impartial Observer ◽  
The Law ◽  
The Russian Empire ◽  
The Right ◽  
Council Of Ministers ◽  
The Relationship

The article discusses the practice of the relationships between the Prosecutor’s office and the gendarmerie, which formed during the investigation of political crimes in the Russian Empire after the judicial reform of 1864. It is indicated that the law of May 19, 1871 changed the legal relationships between the gendarmerie and the Prosecutor’s office. The gendarmerie was given the right to conduct an inquiry, and the prosecutor’s office was entrusted with the supervision of this activity. Central agencies targeted the prosecutor’s office and the gendarmerie to coordinate their activities in the investigation of political crimes, which resulted in their gradual rapprochement. In practice, the Prosecutor’s office began to take an active part in the conduct of inquiries on the state crimes. As a result, it gradually lost its original meaning “guardian of the law and an impartial observer for the correctness of the actions of a person who conducted the inquiry”. The actual relationships between the Prosecutor’s office and the gendarmerie was not unambiguous. They largely depended on specific individuals and could be diametrically opposed. Along with the relations of “mutual understanding” there were also facts of direct conflicts between the prosecutor’s office and the gendarmerie. Despite such different relationship, in society, the existing level of political repression “was attributed to the joint and solidary activities of zealous gendarmes with zealous prosecutors”. The career of prosecutors depended largely on the relationship with the gendarmerie. Later, during the inquiry, many prosecutors began to lose their impartiality and gradually turned into agents of gendarmerie goals. According to the figurative expression of the former Chairman of the Council of Ministers S. Witte, the Minister of justice himself “from the Supreme guardian of legality became an assistant to the chief of gendarmes and the chief of secret police”.

scholarly journals ESTATES IN THE ACTIVITIES OF JUDICIAL INSTITUTIONS AND PENITENTIARY ESTABLISHMENTS IN RIGHT-BANK UKRAINE (1864–1914)

2020 ◽  
pp. 7-24
Author(s):  
Victoria Vengerska ◽  
Oleksandr Zhukovskyi ◽  
Oleksandr Maksymov
Keyword(s):  
Social History ◽  
19Th Century ◽  
Russian Empire ◽  
District Court ◽  
Judicial Reform ◽  
The Social ◽  
Lower Courts ◽  
History Of ◽  
The Russian Empire ◽  
New Institutions

Right-bank Ukraine became part of the Russian Empire after the second partition of the Polish-Lithuanian Commonwealth in 1792. The integration of these territories into the new administrative, economic and cultural space caused certain difficulties. In the first half of the 19th century, the region had the highest percentage of peasant serfs and the elements and institutions of the non-existent state (including the courts) still existed and kept functioning. The defeat in the Crimean War of 1853–1856 imposed on the Russian Empire the need for radical reforms in all spheres of life. The wave-like periods of cooperation-confrontation between the Russian authorities and the local nobility brought about regional provisions in virtually all the reforms, launched by the peasant reform of 1861. The judicial reform and the emergence of new institutions and practices had to resolve existing problems, disputes, and punish criminals legally. The social estate (stanovy) character of the society was reflected in the establishment and activities of the volost courts, as the lower courts. The district courts were a completely novel phenomenon in the legal culture; their functioning was ensured by professional lawyers on the basis of new judicial statutes. The purpose of this article is to consider the court practices and functioning of penitentiary establishments in Right-Bank Ukraine (on the example of Volyn province) under implementation of the judicial reform through the prism of social and estate factors, based on the cases of the Zhytomyr District Court and the reports of the heads of local prisons. The methodology of the research includes the tools of social history and the so-called "new imperial history" that have helped to trace the adaptation of new legal practices to the socio-ethnic peculiarities of Right Bank Ukraine. The methods of history of everyday life and history of reading have been employed to consider the under-researched component of the penitentiary system of the Russian Empire, namely the libraries and their funds. This component should be attributed to the novelty of the suggested research findings. Conclusions. Estate privileges were maintained in the Russian Empire throughout the "long 19th century". Belonging to a higher social status practically made the Polish nobles equal in the rights with the imperial officials, endowed with power. During court decisions and sentencing, an ethnic criterion was not taken into consideration or had secondary significance. Many years of placing the peasants outside the legal field developed a steady arrogant attitude of the power-holders towards the representatives of this social estate. Though the peasants dominated in the social structure of the Empire population, they remained the most prevalent class. Since the early 20th century, some shifts in perception and attitudes towards peasantry were observed.

scholarly journals Legal nihilism in resolving family conflicts of nobles and peasants of Russian Empire in the first third of XIX century

2021 ◽  
Vol 6 (3) ◽  
pp. 22-30
Author(s):  
S. P. Volf ◽  
Keyword(s):  
Family Relations ◽  
Russian Empire ◽  
Russian Society ◽  
Family Conflicts ◽  
Raising Children ◽  
The Law ◽  
The Government ◽  
New Perspective ◽  
The Russian Empire ◽  
Xix Century

The article highlights the ways of resolving family conflicts nobles and peasants in the first third of the XIX century in the Russian Empire, against the background of the ongoing systematization of legislation. Based on examination of the letters and memoirs of the nobles and peasants we highlighted the methods, which are actually used to solve family conflicts. I conclude that nobles and peasants rarely used help of the state in resolving family conflicts. The sphere of family relations was sacred for these estates; therefore, they did not rope the authorities into family conflicts. I have identified the following ways to resolve family conflicts: duel; marriage, often in the form of a secret wedding; going to the monastery and punishing the unfaithful wife; different approaches to raising children by peasants and nobles. The author of the article pays attention to passivity of the peasants in resolving their family conflicts. The results of the study allow exploring the alternative ways of resolving family conflicts based on representatives of other classes of Russian society in the first third of the 19th century (clergy, merchants, philistines, foreigners) as well, using wider range of sources (journalism, normative acts, fiction, paperwork). This analysis contributes to the discussion about the limits of the government intervention into family affairs. The author of the article redlines that people did not trust the law and resorted to the personally legitimate sources of dealing with family conflicts. This conclusion presents a new perspective in the discussion of legal nihilism and real application of the law in life

scholarly journals 1890th prison reform implementation in the Orenburg Governorate

2016 ◽  
Vol 5 (3) ◽  
pp. 118-122
Author(s):  
Sergey Valentinovich Lyubichankovskiy
Keyword(s):  
Implementation Process ◽  
Russian Empire ◽  
Prison Reform ◽  
Judicial Reform ◽  
Reform Implementation ◽  
Regional Features ◽  
The Status ◽  
The Russian Empire

This paper is about an implementation process of the 1890 law in the Orenburg province for organization of new regional structures of penitentiary management - provincial prison inspection and prison department of provincial board. Specifics of prison reform implementation in the region, the relation of the governor's power to emergence of new bureaucratic structures, features of interaction between the created governing bodies are considered as well as the place taken by representatives of prison administration in regional bureaucratic community after the reform implementation is determined. The conclusion is drawn that implementation of the 1890 law took place in the Orenburg province with essential regional features. Orenburg provincial inspection has been created later (1894) than in the Russian Empire in general because of prolonged implementation of judicial reform (1864) on the territory of the region. However this inspection became more influential than similar organizations in other regions of the Russian Empire as it has subordinated the prison department of the Orenburg provincial board and accumulated all main competences of the sphere of prison case. The status of the Orenburg provincial prison inspector was almost equal to the status of the vice-governor.

scholarly journals The question of the teaching of God's Law in the Journals and Minutes of the Presidium of the Supreme Court

2019 ◽  
pp. 226-235
Author(s):  
Владислав Иванович Пшибышевский
Keyword(s):  
Russian Empire ◽  
Educational Institutions ◽  
Religious Knowledge ◽  
Knowledge Of God ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Russian Empire ◽  
The 19Th Century

Предмет «Закон Божий» являлся один из самых главных предметов в низших и средних учебных заведениях Российской империи на протяжении двух веков. Под влиянием предмета, дающего знания о Боге, предмета важного не только в образовательном, но и в воспитательном значении, выросло не одно поколение православного населения России. Изучение этого предмета было обязательным для всех детей, принявших Святое Крещение в Православной Церкви. Закону Божию обучали и на дому, но главным местом, где ребёнок мог впитать религиозные знания, была школа. Преподавали Закон Божий в основном священники, а должность их называлась «законоучитель». Законоучитель наравне с другими преподавателями пользовался всеми правами государственной службы. К концу XIX века появились проблемы, связанные с процессом преподавания Закона Божия, в отношении предмета учебные программы устарели, в отношении законоучителей появлялись, в силу определённых обстоятельств, неоднократные случаи нерадивого отношения к своему делу, в отношении самих учащихся было зафиксировано большое количество случаев активных выступлений против изучения Закона Божия. Все вышеперечисленные проблемы пытались решить в свете церковных реформ начала прошлого столетия. Данная статья посвящена вопросу преподавания Закона Божия в работе Высочайше учреждённого Предсоборного Присутствия. В исследовании рассмотрено место предмета «Закон Божий» в заседаниях данного органа, заинтересованность им членами Присутствия, предложения по улучшению качества преподавания столь важного предмета и его сохранению в списке обязательных предметов в учебных заведениях Российской империи. The subject of the Law of God was one of the most important subjects in the lower and secondary schools of the Russian Empire for two centuries. It was a subject which gave knowledge of God, a subject important not only in its educational, but also in its educational meaning, and under the influence of which several generations of the Orthodox population of Russia grew up. The study of this subject was obligatory for all children who received holy Baptism in the Orthodox Church. The Law of God was also taught at home, but the main place where a child could absorb religious knowledge was in school. The Law of God was taught mainly by priests, and their post was called a teacher of the law. The teacher of the law enjoyed all the rights of public service on an equal footing with other teachers. By the end of the 19th century, problems associated with the process of teaching the Law of God had appeared, the syllabus for the subject was out of date, there were repeated cases of negligence on the part of the teachers, and there were many cases of active protests against the teaching of God's Law by the students themselves. All the above-mentioned problems tried to be solved in the light of the church reforms of the beginning of the last century. This article is devoted to the question of teaching God's Law in the work of the Presidium of the Most High Council. The research examines the place of God's Law subject at the meetings of this body, the interest of the Presence members in it, the suggestions to improve the quality of teaching such an important subject and its preservation in the list of obligatory subjects in the educational institutions of the Russian Empire.

scholarly journals Methodology of Chrono-Discrete Mono-Geography Comparative Law in the Study of Judicial Reforms in the Russian Empire and the Russian Federation

2018 ◽  
Vol 5 (4) ◽  
pp. 45-50
Author(s):  
V M Bolshakova
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Russian Empire ◽  
Scientific School ◽  
Judicial Reform ◽  
Basic Principles ◽  
The Public ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Structure And Activity

The article proves the expediency of applying the methodology of chrono-discrete mono-geography comparative jurisprudence when studying judicial transformations in the Russian Empire and the Russian Federation. The author proves that the judicial reforms of Emperor Alexander II and the judicial transformations late XX - early XXI century in their totality represent a chrono-discrete phenomenon. Examines the basic principles of the scientific school of chrono-discrete mono-geography comparative jurisprudence as applied to the study of Russian judicial reforms in the Russian Empire and the Russian Federation. In the paper it notes that the judicial transformation as a phenomenon include items such as 1) conceptual framework, ideas of reform; 2) judicial institutions; 3) theoretical and practical problems of implementation; 4) results; compliance, what happened, what was intended by the reformers; 5) attitude of the legal community and the public to reform on the whole and its separate institutions. The essential core of any judicial reform are newly constructed or transformed its institutions. Speaking of chrono-discrete judicial institutions, the author proposes to divide them into classical and non-classical. The first is the Institute of magistrate’s court, the juries and the Institute of bailiffs and institute of appeal. To non-classical chrono-discrete institutions include prosecutors and the legal profession. As the main comparable problems, characteristic for the studied periods, the author sees 1) the reforms “from above”; 2) the issue of financial support for reforms; 3) personnel problems; 4) problem of implementation of judicial reforms in space and time; 5) constant and numerous adjustment of normative legal acts, regulating the structure and activity of the relevant judicial institutions.

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