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 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”.

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 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 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 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.

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 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.

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 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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