scholarly journals The Transformation of Chancellery Practices in Judicial Proceedings of the Russian Empire in the Late XIX to the Early XX Century

2021 ◽  
Vol 1 ◽  
pp. 30-34
Author(s):  
Natalya A. Latysheva ◽  
Keyword(s):  
Russian Empire ◽  
Practical Implementation ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
Temporal Features ◽  
Judicial Proceedings ◽  
The Russian Empire ◽  
Practical Feasibility

“Clerical techniques” in judicial proceedings are its integral part; through their implementation, the temporal features of the organization of the documenting and clerical system are fully determined. In the late XIX — early XX centuries, in the course of analyzing the introduction of judicial reform in 1864, against the backdrop of an objectively developing global process of the formation of anthropogenic civilization, a need arose to discuss the «stationery techniques» that had developed in Russia. The innovative ideas of this period were focused on practical feasibility and convenience in the process of ensuring legal proceedings. Some of the proposals have found their practical implementation.

scholarly journals Zarudny Sergiy Ivanovych (1821-1887) - Ukrainian and Russian lawyer, statesman of the Russian Empire

10.33287/1194 ◽  
2019 ◽  
pp. 36-49
Author(s):  
І. С. Міронова
Keyword(s):  
Scientific Work ◽  
Russian Empire ◽  
The State ◽  
Judicial System ◽  
Judicial Reform ◽  
Way Of Life ◽  
Legal Proceedings ◽  
Democratic Principles ◽  
The Russian Empire ◽  
Xix Century

The article is devoted to the way of life of a famous statesman of the Russian Empire, a Ukrainian of descent, a lawyer, one of the main founders of the court reform and a leader of peasant reforms of the second half of the XIX century, an interpreter, secret counselor Serhiy Ivanovych Zarudnyy. His origin, pedigree, civil service in the Ministry of Justice, in the State Chancellery, in the State Council, as a senator was studied. Attention was paid to his work in the commissions for the preparation of judicial reform, the development of the «Basic Provisions for the Transformation of the Judiciary in Russia» and the Judicial Statutes, which were approved in 1864. His role was proved in the creation of the world justice system, in the introduction of jury and the institute of attorneys in the Russian judicial system, in approving the principles of publicity, immediacy, and adversarial proceedings. Considerable attention is focused on the role of the statesman in the development of reform projects on the elimination of serfdom 1861. A special place is dedicated to the scientific work of S. Zarudnyy, in particular to his monographs, articles, a collection of materials on judicial reform entitled «The Case Зарудний of the Transformation of the Judiciary in Russia», organized in 74 volumes. It was noted that for his juridical and scientific work, contemporaries and biographers of S. Zarudnyy called him «the luminary of our judicial world», «leading figure of judicial reform», «father» and «soul» of the case of concluding judicial charters. The article substantiates the conclusion that S. Zarudnyy laid down the democratic principles of the judicial system and legal proceedings in the Russian Empire with his activities.

scholarly journals Periodization of History of Judicial Transformations in Russia in the Second Half of the XIX to the XXI Century

2021 ◽  
Vol 5 ◽  
pp. 34-45
Author(s):  
Aleksey A. Demichev ◽  
◽  
Valentina M. Bolshakova ◽  
Vera A. Ilyukhina ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
The Third ◽  
History Of ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Second Period

The article proposes a periodization of judicial reforms in the Russian Empire, the RSFSR and the Russian Federation. The article proposes a distinction between the concepts of «judicial reform» and «judicial reform». There are distinguished and characterized six periods of judicial reforms in relation to the dynamics of the judicial system and legal proceedings in Russia in the second half of the XIX — XXI centuries: the first period (November 20, 1864 — July 1, 1899) — the judicial reform of 1864; the second period (July 1, 1899 — November 22 (December 5), 1917)) — the transformation of the judicial system and judicial proceedings created by the Judicial Statutes of 1864; the third period (November 22 (December 5), 1917 — May 25, 1922) — the judicial transformations of the first years of Soviet power; the fourth period (May 25, 1922 — July 10, 1923) — the judicial reform of 1922; the fifth period (July 10, 1923 — October 24, 1991) — transformation of the judicial system and judicial proceedings in the RSFSR, created during the judicial reform of 1922; the sixth period (October 24, 1991 — July 29, 2018) — judicial reform in the Russian Federation.

Legal Practice in the Southern Leon and Castile of the 12th Century: a Borderline State

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Galina Popova
Keyword(s):  
Legal Framework ◽  
Practical Implementation ◽  
Legal Tradition ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Legal Traditions ◽  
12Th Century ◽  
History Of ◽  
Normative Basis ◽  
Judicial Proceedings

The article is devoted to the legal history of the lands of the Kingdom of Toledo in the first two hundred years after the Christian reconquest. The assimilation of the conquered lands by the new political power, preserving the border position, leads to the emergence of a special legal tradition, typical for other similar territories, which received the general name “extremadura” — “borderland”. The Fueros, created in the Kingdom of Toledo, from the very beginning, firmly linked the territorial and personal nature of the legal norms included in their texts. The formation of local legal traditions took place with the active participation of the local elite, which was reflected in the editing of Fuero texts. The inhabitants of Toledo were supposed to use the Visigothic "Liber iudiciorum" as a normative basis for legal proceedings, but at the same time maintained the legitimate possibility of resorting to norms of a different origin, the so-called “Fuero of Castilians”. The lack of a strict systematization in the legal framework of the proceedings was reflected in the organization of judicial officials in Toledo. The good preservation of the local act material allows us to consider in more detail the practical implementation of the legal norm in the process of judicial proceedings, recorded in Arabic in the protocol of the end of the 8th century.

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 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 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 Church Legal Proceedings in the Russian Empire

2020 ◽  
Author(s):  
Tat'iana Germanovna Mineeva ◽  
Vera Borisovna Romanovskaia ◽  
Il'ia Vladimirovich Savchenko
Keyword(s):  
Russian Empire ◽  
Legal Proceedings ◽  
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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