scholarly journals Prosecutor at the stage of preparation for court proceedings in criminal cases in the Russian Empire after the judicial reform of 1864

2019 ◽  
pp. 110-115
Author(s):  
V. P. Gorbachov
Keyword(s):  
Russian Empire ◽  
Judicial Reform ◽  
Criminal Cases ◽  
Criminal Process ◽  
Practical Activity ◽  
Open Court ◽  
Court Proceedings ◽  
The Russian Empire ◽  
The Right ◽  
Right To Refuse

The article analyzes the normative regulation and practical activity of the Prosecutor’s Office of the Russian Empire at the stage of preparation for court proceedings in criminal cases after the judicial reform of 1864. The implementation by the prosecutor of the powers granted to him at this stage was influencing the further course of the criminal process. On all issues that arose in preparation for the trial, the Prosecutor’s office gave its conclusions, without which the court had no right to make its decisions. In comparison with the defendants and other persons involved in the case, the Prosecutor’s office had advantages in questions of calling witnesses and experts to court. The Prosecutor made the list of persons who were subject to a summons to court and later had the right to additionally call new witnesses. At the same time, the Prosecutor was not obliged to indicate, for clarification of what circumstances he called new witnesses. And the court had no right to refuse to the Prosecutor to call the persons indicated by him. In contrast to this, the rights of the party of the defense were limited to a 7-day period for filing requests to call additional witnesses and the obligation to indicate the circumstances for which new witnesses were called. But the court could refuse to the party of the defense to satisfy such petitions. The Prosecutor’s office took part in the decision of questions on the challenge of judges. On this issue, the Prosecutor gave his conclusion. In addition, he had the right to challenge the judges. However, the persons involved in the case did not have the right to challenge the Prosecutor from participation in the case. If there were grounds, the Prosecutor should recuse himself from participation in the case. The Prosecutor’s office had certain powers to influence the practice of holding closed court sessions. It gave her conclusion on the consideration of cases in closed or open court sessions, and also appealed against the decisions of the courts, which did not agree with the proposals of the Prosecutor’s office. Prosecutors proposed that the court conduct closed trials on their own initiative or on the instructions of the Minister of justice. Keywords: Prosecutor’s office, court, defendant, publicity, the challenge of the judge, witness, judicial reform of 1864.

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 Normative regulation and implementation of the prosecutor’s independence principle in the criminal process of the Russian Empire after the judicial reform of 1864

2018 ◽  
pp. 7-13
Author(s):  
V. P. Gorbachov
Keyword(s):  
Russian Empire ◽  
Judicial Reform ◽  
Criminal Process ◽  
Independence Principle ◽  
The Russian Empire

У статті розглянуті питання нормативного регулювання незалежності прокуратури від інших державних органів і процесуальної незалежності прокурора в кримінальному процесі, а також практика реалізації цього принципу в Російській імперії після судової реформи 1864 року.

scholarly journals Historical stages of the transformation of the judicial system and legal procedures in the Russian Empire: case of judicial reform of 1864

2020 ◽  
Vol 38 (Especial) ◽  
pp. 333-341
Author(s):  
Irina A. Petrova ◽  
Aleksey Yu. Romanov ◽  
Victor A. Shestak ◽  
Liliia Trempolets
Keyword(s):  
Legal Culture ◽  
Russian Empire ◽  
Judicial System ◽  
Jury Trial ◽  
Judicial Reform ◽  
Main Research ◽  
Legal Foundations ◽  
The Russian Empire ◽  
The Right ◽  
And Function

The relevance of the study consists in the fact that the changes in the 1860-70s in the Empire determine the beginning of positive developments within the judicial system. Consequently, the objective of the article was to study the historical stages of the transformations in the judicial system and procedure in the Russian Empire in 1864. The main research method was deductive that allowed to study the nature and the key historical stages of the transformations in the judicial system and legal procedure in the Russian Empire in 1864. The solution to the problem posed was based on studying the legal foundations of the significance (place and function) of the judicial reform of 1864 within the general historical development of Russia. It is concluded that the key judicial principles include democratic foundations such as publicity in the oral process, frankness, and the right to a lawyer. Furthermore, it highlights that the authors of the Judicial Regulations of 1864 studied not only English and French law, but also examined the codes of procedure of Geneva and the Kingdom of Sardinia. Thus, the Russian jury trial became a new step in the development of European legal culture.

scholarly journals Halperin-Ginsburg Elena – the fate of a woman-lawyer in the context of the era

2020 ◽  
pp. 152-160
Author(s):  
Samoilenko Elena
Keyword(s):  
Higher Education ◽  
Criminal Law ◽  
Social Life ◽  
Juvenile Court ◽  
Educational Institution ◽  
Russian Empire ◽  
Judicial Reform ◽  
Women Lawyers ◽  
The Russian Empire ◽  
The Right

Introduction. There are discussed issues of women's access to law. At the time of the Judicial Reform in the Russian Empire in 1864, a Bar was established. Previously, there was no full-fledged institute of judicial protection because of the inquisitive nature of domestic justice. However, in practice, civil service and access to the judiciary, as well as higher legal education, were still closed to women. It was only after the first Russian revolution of 1905–1907 that the question of women's right to be engaged in professional legal activity was considered. They were allowed to higher education. Attempts to pursue a law degree have been made before. So, some Russian women graduated from foreign law departments and came to Russia to get a job in the profession. Despite the fact that diplomas of foreign universities did not equate to the certificates of Russian higher education institutions, they gave the right to take the state exam for the full course of the relevant Russian educational institution. The right of women to practice law became statutory on 1 June 1917. The Provisional Government issued a resolution "On admission of women to court cases", finally having put an end to all disputes and allowed women to fully join the legal community. The aim of the article is to cover the little-known biography of one of the first Ukrainian women lawyers, Elena Halperin-Ginsburg. Results. The article deals with the life and creative activity of one of the first Ukrainian women lawyers, Ginsburg Elena Abramivna. There is given a general overview of the scientific, educational and journalistic activity of Elena. Among other things, the focus is on its activities in Kyiv. Elena has collaborated on various issues of criminal law with such publications as the "Journal of the Ministry of Justice", "Journal of Criminal Law and Procedure". In the period from 1909 to 1916, she actively published her works in the largest circulation provincial newspaper of the Russian Empire of his time, “Kievskaya Mysl’" On the pages of the periodicals, Elena highlights the most pressing and acute issues of social life. In Kyiv, she organizes a patronage for prisoners, participates in the League for the Protection of Childhood and drafts its statute. She initiated the creation of a juvenile court in 1914 in Kyiv. She actively works at the Kyiv Women's Public Assembly, lectures at the People's House.

The Germans and their Jewish Neighbors on the Ukrainian Areas at the Second Half of the 19th Century

2020 ◽  
pp. 17-27
Author(s):  
D. Meshkov
Keyword(s):  
Everyday Life ◽  
19Th Century ◽  
Russian Empire ◽  
Early Years ◽  
Criminal Cases ◽  
South West ◽  
Multiethnic Population ◽  
The Russian Empire ◽  
The 19Th Century ◽  
The Relationship

The article presents some of the author’s research results that has got while elaboration of the theme “Everyday life in the mirror of conflicts: Germans and their neighbors on the Southern and South-West periphery of the Russian Empire 1861–1914”. The relationship between Germans and Jews is studied in the context of the growing confrontation in Southern cities that resulted in a wave of pogroms. Sources are information provided by the police and court archival funds. The German colonists Ludwig Koenig and Alexandra Kirchner (the resident of Odessa) were involved into Odessa pogrom (1871), in particular. While Koenig with other rioters was arrested by the police, Kirchner led a crowd of rioters to the shop of her Jewish neighbor, whom she had a conflict with. The second part of the article is devoted to the analyses of unty-Jewish violence causes and history in Ak-Kerman at the second half of the 19th and early years of 20th centuries. Akkerman was one of the southern Bessarabia cities, where multiethnic population, including the Jews, grew rapidly. It was one of the reasons of the pogroms in 1865 and 1905. The author uses criminal cases` papers to analyze the reasons of the Germans participation in the civilian squads that had been organized to protect the population and their property in Ackerman and Shabo in 1905.

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 Некоторые полицейские меры со стороны властей Российской империи в отношении уроженцев Царства Польского после Ноябрьского 1830 г. и Январского 1863 г. восстаний

2019 ◽  
Vol 4 (XXIV) ◽  
pp. 183-196
Author(s):  
Сергей Лазарян
Keyword(s):  
Young People ◽  
Russian Empire ◽  
Russian Society ◽  
Military Operations ◽  
The Caucasus ◽  
The Russian Empire ◽  
The Right ◽  
Hard Labour

The Russian authorities used repressive measures against the Poles, who were active partic-ipants in the November 1830 and January 1863 uprisings. These measures included arrest and ex-pulsion to the inner provinces of the Russian Empire under the supervision of the police without the right to return to their homeland; the inclusion in military garrisons stationed in various parts of the empire; the direction to serve in the troops in the Caucasus, where military operations were conducted against the local highlanders and expulsion to hard labour and settlement in Siberia or in the internal provinces of Russia.The severity of repressive measures was determined by the fact that, in the exiled Poles, they saw a source of hatred spreading towards the tsarist government. The authorities feared the influ-ence of their thoughts on the liberal strata of Russian society, especially on young people. With such measures, they tried to suppress the restless minds. The imperial authorities also feared the reaction of Europe, which threatened Russia with “anathema” and intervention.

scholarly journals Culture and Mentality in East-Nordic Courts

2021 ◽  
pp. 89-106
Author(s):  
Laura Ervo
Keyword(s):  
Historical Development ◽  
Russian Empire ◽  
Court Culture ◽  
History Of ◽  
Court Proceedings ◽  
Historical Resources ◽  
The Russian Empire

AbstractIn this chapter, the East-Nordic, that is Finnish and Swedish, court culture and mentality and its historical, cultural and societal roots are explored. The objective of the chapter is to uncover the mechanisms underlying the East-Nordic court mentality and the hallmarks of Swedish and Finnish court culture, as well as to identify how these processes influence adjudication. Emphasis is put on the historical development of these countries, since Finland was part of Sweden until 1809. After Finland became an autonomous Grand Dutchy of the Russian Empire, it suffered under Russification, whereas Sweden was still part of the western sphere. Even after Finland gained independence in 1917, the history of the two countries has differed to some extent. Therefore, it is interesting to explore the manner in which the differences in history are manifested in contemporary court proceedings. This study is based mainly on comparative and historical resources.

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.

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