scholarly journals THE INFLUENCE OF THE JUDICIARY REFORM OF 1864 ON THE DEVELOPMENT OF THE INSTITUTE OF COMMERCIAL COURTS IN THE RUSSIAN EMPIRE

2020 ◽  
Vol 16 (1) ◽  
pp. 45-53
Author(s):  
Вячеслав Рассказов
Keyword(s):  
Subject Matter ◽  
Legal Framework ◽  
Russian Empire ◽  
Judicial Reform ◽  
Court System ◽  
Civil Proceedings ◽  
The Russian Empire ◽  
Set Up ◽  
The Impact ◽  
Commercial Courts

The article examines the impact of the judiciary reform of 1864 on the development of commercial courts in the Russian Empire. It is noted that although under its parameters the reform did not significantly affect the system of commercial courts, it contributed to changes in the organizational and legal framework of the regulation of commercial courts. The author shows that shortly after the reform of January 11, 1865 a Commission was set up to discuss the transformation of the court system, which included in its subject matter the issue of harmonizing the then existing legal acts on commercial courts and the concept of judicial reform. During the Commission activity there was a question of necessity in commercial courts in general as the procedural order of considering economic affairs in many respects duplicated provisions of civil proceedings. In order to better address this issue, the Commission sent requests to interested parties in the prospect of obtaining their views on this matter. The article emphasizes that almost any and all, in one way or another related to commercial courts activities, were in favor of their preservation. The article shows that after the assassination of Alexander II, with the beginning of the period of counter-reforms, the idea of preserving commercial courts with their elements of democracy began to lose supporters from government circles, because in this democracy, in this entrepreneurial freedom, there were already dangerous sentiments for the state.

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 Formation of the System of General Courts of the Russian Empire: St. Petersburg Judicial District during the Formation and Reorganization of 1865-1878

2020 ◽  
Vol 4 (91) ◽  
pp. 10-18
Author(s):  
A. A. Sapunkov ◽  
Keyword(s):  
Legal Framework ◽  
Russian Empire ◽  
District Court ◽  
Final Conclusion ◽  
Judicial Reform ◽  
District Courts ◽  
History Of ◽  
Systematic Understanding ◽  
The Russian Empire ◽  
Selection Of

The article considers the history of the formation of the system of General courts of the post-reform St. Petersburg judicial district on the territory of three provinces of the Russian Empire: St. Petersburg, Novgorod and Pskov. The system of formation of General district courts (judicial chamber, 6 district courts) and subsequent reorganization of the district structure was studied. In 1878 was disbanded on 2 County court (Ustyinsky bilozers'kyi) and simultaneously open the Cherepovets district court, were reallocated border jurisdiction within the County and transferred part of the territory in the jurisdiction of the Moscow judicial district. System interaction in the opening of "new ships" with the re-formation of the bodies of the Imperial law to the court (prosecutors and judicial investigators) or the judiciary (bailiffs, lawyers, notaries). Little-studied issues are pointed out: mergers and disbanding of pre-reform courts, unrealized plans to open judicial bodies: 1) selection of buildings for the district courts in St. Petersburg province in the cities Luga, Peterhof, Gdov, Yamburg and New Ladoga; 2) the comments of the Minister of justice against plans by the placing district courts in the province of Novgorod in the cities of Cherepovets and Somyn; 3) unrealized remarks by the interior Minister with a proposal to include the Tikhvin uyezd, Novgorod province to the jurisdiction of the St. Petersburg district court, and Gdov County of St. Petersburg province to the jurisdiction of the Pskov regional court. The legal framework regulating the system of formation of the post-reform St. Petersburg judicial district was studied. We used archival materials that were not introduced into scientific circulation in publications on this topic. The final conclusion is that the collected material makes it possible to develop a systematic understanding of the process of implementing the judicial reform of 1864.

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.

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.

Sign in / Sign up

Export Citation Format

Share Document