scholarly journals Problems of implementations of the judicial reform of 1864 and issues of the typology of the judicial system of the Russian Empire

2021 ◽  
Vol 4 ◽  
pp. 20-32
Author(s):  
V. M. Derevskova ◽  
Keyword(s):  
Dynamic System ◽  
Scientific Literature ◽  
Russian Empire ◽  
Judicial System ◽  
Judicial Reform ◽  
Time And Space ◽  
Russian State ◽  
The Status ◽  
Statics And Dynamics ◽  
The Russian Empire

The article is devoted to the implementation of the judicial reform after the adoption of the Judicial Charters of 1864. Attention is paid to the study of problems in the preparation and implementation of the reform in time and space, which consisted of subjective and objective factors. Subjective factors are determined through a different understanding of the groups participating in these processes, the issues of reforming the judiciary. Objective factors are determined through an analysis of the status of state entities that are part of the Russian Empire. The identified problems in the spread of state and legal institutions led to the fact that the authorities were forced to abandon the policy of unification of the entire judicial system of the Russian state and carry out reforms taking into account the specifics of the regions. The author analyzes the research carried out in the scientific literature in determining both the criteria for the typology of the judicial system of the Russian Empire, and the types of judicial systems identified. Recognizing the value of the research, the author critically comprehends the proposed typologies and proposes his own view of this issue. This applies not only to the allocation of individual territories that differ in the way the reform is implemented, but also to subsequent changes. Since the implementation of the judicial reform in the Russian Empire took place from 1866 to 1899, the author concludes that the judicial system did not remain unchanged and it is necessary to consider it as a dynamic system, to conduct its research in statics and dynamics.

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.

Historical and Legal Research of the Bases of Organization and Functioning of Judicial Authority in Crimea in the Composition of the Russian Empire (late XVIII – Beginning of XX Centuries)

2021 ◽  
Vol 3 ◽  
pp. 56-62
Author(s):  
M. S. Kiyan ◽  
◽  
T. V. Khutko
Keyword(s):  
Russian Federation ◽  
Russian Empire ◽  
The State ◽  
Judicial System ◽  
Judicial Reform ◽  
The Crimea ◽  
The Russian Federation ◽  
The Republic ◽  
The Russian Empire ◽  
High Level

In the Russian Federation, one of the priority vectors of the development of the state is to improve the quality of justice, the guarantee of which is the effective judicial system. For the most optimal mode of functioning of the judicial system, an understanding of the main trends in its development is necessary, which requires a high level of generalization and scientific potentiation of the foundations of the organization and functioning of the judiciary, and is possible only if all previous stages of its development are analyzed. The main objective of the study: 1) determine the features of the development of the judicial policy of the Russian Empire in the regions, in particular in the Crimea; 2) to trace the evolution of the judicial system in the Crimea during its stay in the Russian Empire. When writing the work, methods of scientific research were used: dialectical, historical-legal, formal-legal, systemic, comparative-legal, historical periodization, diachronous, institutional-legal. The main results and conclusions of the study can be defined as: 1) judicial reform was a priority in the state legal policy of the Russian Empire at the end of the XVIII – early XX centuries; 2) the author's periodization of the reform of the judicial system in the Crimea. Such a consistent consideration of the organization and functioning of the judiciary allows for its comprehensive study as a historical phenomenon with its own genesis of organization and activity The article is of high scientific value, since it is the first generalizing study in the historical and legal literature devoted to the problems of the formation, development and modernization of the judiciary in Crimea as part of the Russian Empire (1783–1917), in which it was first used that were not previously included in the scientific circulation Sources of the State Archive of the Republic of Crimea of the Russian Federation.

scholarly journals Development of National Procedural Law in the Second Half of the XIX – Early XX Centuries

2021 ◽  
Vol 80 (1) ◽  
pp. 156-164
Author(s):  
Д. В. Слинько ◽  
Л. І. Калєніченко
Keyword(s):  
Scientific Literature ◽  
Preliminary Investigation ◽  
Russian Empire ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Russian Empire ◽  
Administrative Proceedings ◽  
Substantive Law

The authors have studied one of the current historical and legal problems concerning the development of procedural law in the Ukrainian lands, which were part of the Russian and Austro-Hungarian Empires in the second half of the XIX – early XX centuries. Based on the analysis of scientific literature and relevant regulatory material, it has been noted that the beginning of the reform of procedural legislation of the Russian Empire can be considered the introduction of the institution of forensic investigators by the imperial decree in June 1860. Thus, the preliminary investigation was separated from the police, and investigators were part of the staff of the judicial department. The next stage was the judicial reform of 1864. As a result of the reform, the judicial system and procedural law were completely changed. Substantive law was also partially amended under that influence; there was the separation of criminal proceedings from the civil one; procedural norms of administrative justice began to be formed in the Ukrainian lands during that period, and a new branch of knowledge within legal science emerged, which was aimed at searching for the essence and nature of procedural law. The development of procedural law in the Ukrainian lands, which were part of the Austrian and, since 1868, the Austro-Hungarian Empires, was characterized by the obsolescence and imperfection of procedural legislation and its focus on the establishment of imperial positions. At the same time, it is possible to state its certain democracy and succession. It has been concluded that national procedural law during that period was characterized by the preservation and strengthening of certain features of the medieval process (secular nature, rationality, phasing), by the separation of procedural law from the substantive, by the formation of procedural branches of law, by the codification of procedural legislation, by the separation of administrative proceedings from criminal and civil proceedings; the functions and competence of the authorities and their officials were differentiated.

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 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 Attorneys of the Volga region and the Urals at the beginning of the judicial reform of 1864

2021 ◽  
Vol 39 (68) ◽  
pp. 204-212
Author(s):  
Litvin Alexander Alterovich ◽  
Cherkashina Vera Vitalievna
Keyword(s):  
Training And Development ◽  
Russian Empire ◽  
Judicial System ◽  
Volga Region ◽  
District Court ◽  
Historical Study ◽  
Professional Activity ◽  
Judicial Reform ◽  
The Urals ◽  
The Russian Empire

The process of training and development of the Bar Institute at the beginning of the judicial reform of 1864 (Reshetnikova, 2014), dates to the government of Alexander II, on the example of the Volga region and the Urals, discusses the main directions and characteristics of the professional activity of lawyers in the region. It is a documentary and historical study that pays special attention to the formation of the Institute of Defense for a deeper understanding of its essence and its inherent characteristics. Currently, there is an objective need for a comprehensive and comprehensive study of the history of the training and development of the Bar Institute. The judicial system was divided into provincial and county. For the provincial system were the Criminal Cases Chamber of the civil court, provincial court, high provincial court, provincial magistrate, superior punishment; and for county - County Court, lower district court. The results can be concluded that the judicial system of the Russian Empire after the successful reform established a powerful and independent Defense Institute. The judicial reform of 1864 created a completely new professional group, which was very important for the legal future of the Russian Empire.

INSTITUTE OF TRIAL BY JURY IN THE RUSSIAN EMPIRE: ORIGIN AND DEVELOPMENT

2020 ◽  
Author(s):  
Rafael Komiljonov
Keyword(s):  
Russian Empire ◽  
Jury Trial ◽  
Judicial Process ◽  
The Past ◽  
Russian State ◽  
Administration Of Justice ◽  
Jury System ◽  
The Russian Empire ◽  
The Moment

The article examines the Genesis of the institution of jury trial in the Russian Empire from the moment of its introduction to the end of the Provisional government. It is noted that the emergence of a trial with the participation of jurors was influenced by Western models of the judicial process, and the forms of participation of citizens in the administration of justice that previously existed on the territory of the Russian state were taken into account. The role that the jury system has played with some success in the search for truth, justice, and the implementation of effective and independent justice in the past centuries is particularly highlighted.

scholarly journals Drafting of Jury Lists in Tsarist Russia and the Modern Times: A Comparative Legal Analysis

2021 ◽  
Vol 2 ◽  
pp. 40-47
Author(s):  
Nikita V. Bushtets ◽  
Keyword(s):  
Historical Development ◽  
Russian Empire ◽  
Judicial System ◽  
Legal Analysis ◽  
Historical Experience ◽  
Research Results ◽  
Modern Times ◽  
The Russian Empire

The article examines the historical experience of the formation of the lists of jurors in the Russian Empire. The reasons that contribute to the occurrence of problems are analyzed, as well as ways their resolution in the context of the historical development of the judicial system. Based on the research results, proposals were formulated to improve the organization of the activities of a modern court with the participation of the jury.

scholarly journals Female labor applying by the Maritime Ministry of the Russian Empire at the turn of the 19th - 20th centuries

2019 ◽  
Vol 18 (2) ◽  
pp. 355-373
Author(s):  
Irina V Sinova
Keyword(s):  
Public Service ◽  
Equal Opportunity ◽  
Objective Assessment ◽  
Russian Empire ◽  
Periodical Press ◽  
The Public ◽  
Russian State ◽  
The Social ◽  
The Russian Empire ◽  
The Impact

The article deals with the issues related to the evolution of the use of women in the civil service at the turn of the 19th - 20th centuries on the example of the Maritime Ministry on the basis of previously unpublished documents stored in the Russian state archive of the Navy and periodical press materials. The study of gender issues can be of scientific interest on the basis of its documents, as practically not in demand in research related to the women’s issue. As a result of the struggle of the public, there were some concessions on the part of the authorities related to the expansion of women’s access to fill certain positions in a number of areas that experienced a lack of certain qualifications, including public service, in the conditions of intensive bourgeois development. The article analyzes the legal acts regulating the work of women, especially in the public service. it is shown how the changes that took place in the Russian Empire influenced the transformation of the socio-economic situation of women in General, and, also, became a reflection of the social policy of the state. The article reveals the attitude of the heads of departments of the Ministry to the admission of women to the public service, as well as their opinion on the degree of necessity for the service itself in attracting women to it. The article deals with the arguments of men - heads of departments of the Ministry, related to the impact of women’s work on home life, on the family and on itself, which differed largely by philistine assessments, rather than progressive views. In fact, on the part of the authorities, concessions to women were more imaginary and forced than the result of an objective assessment of their equal opportunity to serve in the public system.

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.

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