Evolution of judicial system of the Russian Empire: From estate court to all-estates court

The article researches the connection between estate and judicial systems of the Russian Empire from the birth of estates in times of Peter the Great to their liquidation in 1917 by the decree of the Soviet regime. As a part of fundamental basis of the Empire estate system determined social relations and legal status of the subjects, influenced the form of rule and system of governmental bodies. In the same way estate system with its privileges and restrictions affected the Imperial judicial system. Principle of equality of subjects before law and court proclaimed by Alexander II in Court Statutes of 1864 meant establishment of all-estates court in Russia. But during the judicial reform of 1864 peasant volost' courts were preserved, and in 1889 after the abolition of justice of the peace in the most part of territory of the Empire offices of district captains with administrative and judicial functions for peasants were established. Volost' courts kept working even after the reform of local justice of 1912. The authors emphasize existence of elements of the estate system inside organisation and work of the Russian courts even in the beginning of the XXth c. that disturbed the judicial system. Local courts in Russia were finally not integrated into all-estates court system because of traditional relations existed in the Russian villages for ages. Copyright © 2017 by Academic Publishing House Researcher s.r.o. Copyright © 2017 by Sochi State University

Zemstvo and Court of peace in Russia: Public authority at local level [Земство и мировой суд в России: организация публичной власти на местном уровне]

The authors of the article reveal the essence and content of the Zemstvo and Judicial reforms (1864) in the general context of social relations and the domestic policy of the Russian Empire, showing their connection with the Peasant reform (1861). As a result of the reforms carried out by the government of Alexander II, local public authority was transformed. All-estate zemstvo institutions and courts independent from the administration appeared in the provinces and counties. The article describes the Zemstvo reform aimed at solving of social and economic problems of the citizens at local level, in its relationship with the Judicial reform, which had established courts of peace, guaranteed equal protection of personal and property rights of citizens, including peasants who had received freedom recently. The authors reveal the features of the new public order in the activities of zemstvo institutions and local courts; substantiate the organizational principles common to zemstvos and courts of peace (estate-inclusiveness, independence from administration, legality, etc.); characterize the structure and competence of zemstvo institutions and courts of peace in their interaction with each other, as well as with the government bodies. The self-government bodies and the courts of peace, introduced by the government of Alexander II, contradicted to the historically established social order and state system of the Russian Empire, which predetermined their future fate. During the implementation of the conservative course of the government of Alexander III the courts of peace were abolished and the institute of zemsky district commanders with administrative and judicial powers was established in rural areas in 1889. Copyright © 2019 by International Network Center for Fundamental and Applied Research

Evolution of judicial system of the Russian Empire: From estate court to all-estates court

The article researches the connection between estate and judicial systems of the Russian Empire from the birth of estates in times of Peter the Great to their liquidation in 1917 by the decree of the Soviet regime. As a part of fundamental basis of the Empire estate system determined social relations and legal status of the subjects, influenced the form of rule and system of governmental bodies. In the same way estate system with its privileges and restrictions affected the Imperial judicial system. Principle of equality of subjects before law and court proclaimed by Alexander II in Court Statutes of 1864 meant establishment of all-estates court in Russia. But during the judicial reform of 1864 peasant volost' courts were preserved, and in 1889 after the abolition of justice of the peace in the most part of territory of the Empire offices of district captains with administrative and judicial functions for peasants were established. Volost' courts kept working even after the reform of local justice of 1912. The authors emphasize existence of elements of the estate system inside organisation and work of the Russian courts even in the beginning of the XXth c. that disturbed the judicial system. Local courts in Russia were finally not integrated into all-estates court system because of traditional relations existed in the Russian villages for ages. Copyright © 2017 by Academic Publishing House Researcher s.r.o. Copyright © 2017 by Sochi State University