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 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 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 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.

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 The right of emphyteusis in the history of the Russian state (the late 15th – early 20th century)

2021 ◽  
Vol 5 (1) ◽  
pp. 16-31
Author(s):  
A. A. Sapunkov ◽  
N. A. Sapunkov
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Civil Law ◽  
Russian Empire ◽  
Political Processes ◽  
Russian State ◽  
The Law ◽  
The Russian Empire ◽  
The Right ◽  
The 19Th Century

The subject. The law of emphyteusis was studied in the Russian Empire in the middle of 19th – beginning of 20th century due to practical significance. The interest in this subject began to revive at the beginning of the 21st century, the first few publications appeared, but they were mostly replicas of Imperial period studies. The law of emphyteusis in Russia before the middle of the 19th century is not researched sufficiently. The purpose of the study is to confirm or disprove hypothesis that the law of emphyteusis was initially implemented in the system of Russian law as a legislative institution, but since the middle of the 19th century it has acquired the status of a local legal custom. The Russian state, having preserved the former system of civil law (the Lithuanian Statute) in the Western lands annexed from Lithuania and Poland, created the basis for the formation of a different system of legal awareness among a part of the population, thereby consolidating the dichotomy of the Empire and the Western provinces. Since the issue of land ownership is a key issue for feudal society, the law of emphyteusis is the most striking example of the split in the unity of the legal system of the Russian state. The methodology. The study is based on a combination of formal-legal and historical-legal methods: the methods of historicism, synchronous and diachronic comparison allow us to get an idea of the socio-political conditions in which the law of emphyteusis was formed and functioned. The main results, scope of application. The institute of emphyteusis (Latin – сensus, German – zins, Polish – czynsz) was formed on the basis of the reception of Roman and Byzantine law in the feudal law of a number of European States. Emphyteusis comes to the PolishLithuanian lands as an element of German law. The article describes the socio-political processes in the territories annexed by Russia from the Polish-Lithuanian Commonwealth, where the right of emphyteusis was preserved in the middle of 17th - first half of the 19th century as a local civil law under the Lithuanian Statute system. After the abolition of the Statute of Lithuania (1840) an emphyteusis preserved as a regional legal custom. The analysis of legislation and law enforcement practice on the issue of emphyteusis on the borderlands of the Russian state is carried out. The ineffectiveness of the state policy on the elimination of emphyteusis is noted. Conclusions. The revealed specifics of the development of emphyteusis in the Russian Empire are extremely poorly studied, although they indicate far-reaching consequences in the system of forming the legal consciousness of Russian, Ukrainian, Belarusian, Jewish (Ashkenazi) and other peoples.

scholarly journals Philosophical analysis of narodnik ideology and its origins

2019 ◽  
Vol 64 (1) ◽  
pp. 15-23
Author(s):  
Ya. P. Sakouski
Keyword(s):  
World View ◽  
Russian Empire ◽  
Philosophical Analysis ◽  
The Political ◽  
Political Independence ◽  
The Russian Empire ◽  
The Right ◽  
Xix Century ◽  
The Relationship ◽  
The Church

The process of forming a united Belarusian nation is very interesting for retrospective reflection. At a certain point, this process coincides with the activity of the Populists in the mid to late XIX century. The ideology of Narodniks is not an ordinary politico-educational teaching for Belarusian realities. It is important to analyze the philosophical grounds implicit in this ideology in order to understand what role it played in the formation of the Belarusian nation.In the article, 8 controversial philosophical problems are considered, to which the doctrine of Narodniks gives some answers. Purpose is to analyze the position of the Narodniks regarding these issues and to show the main difference between the Belarusian case of Narodniks and the Russian one. Objectives: to reveal the reasons for the appearance of Narodniks, the relationship between Narodniks and the Church, to show controversial theses in the ideology under consideration. Having carried out a this philosophical analysis, one can come to the conclusion that the ideology of Narodniks was significantly different from the generally accepted religious world view. It was an instrument for the influence of oppositional intellectual elite on the peasantry with the aim of eliminating the political passivity of the broad masses of people in the Russian Empire. However, overcoming the political passivity of the population in such a multinational and multi-confessional country as the Russian Empire put the issue of nationalities and a number of other acute problems on the agenda. As a result, the Belorussian narodniks movement, although it was “leftist” by other beliefs, placed great emphasis on the “right” idea of political independence of the Belarusian nation.

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.

The relationship of magnates and the szlachta of the Great Principality/Grand Duchy of Lithuania with Russia in 1733

2020 ◽  
Author(s):  
А.В. Мацук
Keyword(s):  
Free Choice ◽  
Russian Empire ◽  
The Core ◽  
The Russian Empire ◽  
Grand Duchy Of Lithuania ◽  
Relationship Of ◽  
The Relationship ◽  
Grand Duchy

В статье исследуются события бескоролевья 1733 г. в Речи Посполитой. Согласно «трактату Левенвольде» компромиссным кандидатом на избрание монархом Речи Посполитой был португальский инфант дон Мануэль, которого предложила Австрия. Россия больше склонялась к кандидатуре «пяста». Россия оказалась не подготовленной к началу бескоролевья. Бывшие российские союзники магнаты ВКЛ рассорились с российским послом Фридрихом Казимиром Левенвольде и перешли на сторону Франции. В конце февраля 1733 г. в ВКЛ направили Юрия Ливена, который от имени российской царицы предложил поддержку в получении короны Михаилу Вишневецкому и Павлу Сангушке. Принятое на конвокационном сейме решение об избрании королем «пяста» и католика показало популярность Станислава Лещинского. В результате вслед за Австрией Россия поддержала кандидатом на корону Фридриха Августа. Магнаты ВКЛ до последнего оставались конкурентами о короне. Оппозиция Лещинскому объединилась под лозунгом защиты «вольного выбора» и поэтому в ней остались кандидаты «пясты», которые не могли уступить друг другу, и согласились на компромисс – кандидатуру Фридриха Августа. Для противодействия возможному избранию Лещинского Россия создала в ВКЛ новоградскую конфедерацию. Ее организатором стал новоградский воевода Николай Фаустин Радзивилл. Эта конфедерация становится основой Генеральной Варшавской конфедерации, которая 5 октября 1733 г. избирает королем саксонского курфюрста. The article examines the events of the «kingless» year of 1733 in the Polish-Lithuanian Commonwealth. According to the Levenwolde Treaties the compromise candidate for the Commonwealth’s throne was the Portuguese Infante Don Manuel, who’s candidacy was proposed by Austria. Russia, in turn, leaned towards the «pyasta» candidate. The Russian Empire was clearly unprepared for the start of the kingless period. Russia’s former allies – magnates of the Grand Duchy of Lithuania – came into conflict with the Russian ambassador Frederick Kazimir Levenwolde and sided with France. In late February of 1733, Empress Anna Ioanovna of Russia sent Yuri Liven to the Grand Duchy of Lithuania, who offered official support in the struggle for the crown to Mikhail Vishnevetsky and Pavel Sangushka. The electoral decision made at the Sejm proved the popularity of the «pyast» and Catholic candidates, specifically – Stanislaus Leschinsky. In turn, Russia – following Austria – showed its support for the candidacy of Frederick August. The magnates of the Grand Duchy of Lithuania remained in opposition in the crown issue until the very last. Opposition to Leschinsky was united under the motto of «free choice». For that reason, it was comprised of «pyasta» candidates, who were in a deadlock with one another, and were now ready for the compromise candidacy of Frederick Augustus. In order to counter the possible election of Leschinsky, Russia created the Novograd Confederation in the Grand Duchy of Lithuania. It was organized by the Novograd Voevoda Faustin Radzivill. This confederation became the core of the General Warsaw Confederation that – on October 5th 1733 – elected the Saxon King to the throne of the Polish-Lithuanian Commonwealth.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

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