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New judicial system introduced in Russia
On November 20 (December 2), 1864 the emperor Alexander II put in force simultaneously four legislation documents that changed the Russian Empire judicial system: Legal resolutions establishment; Criminal legal procedure regulations; Civil legal procedure regulations and Magistrates punishments regulations.
The question about the necessity of the Russian judicial system change raised under the reign of Nikolai I. Already then the preparatory work was conducted by the crown jurist count D. N. Bludov. It was him who initiated a full-scale legal reform having developed the future regulations projects by 1860. The leading legislative experts were involved in their preparation. The essential regulations they had developed were published for general discussion so they could to take into account the remarks of practicing lawyers during the bills’ final version preparation.
The essential reform regulations were based on the existing foreign practice at the same time taking into consideration specific economical, social, political, demographic, ethnic religious and other conditions inherent in Russia. The main reform objective was the simplification of judicial system in the country, its separation from administrative bodies, providing legal capacity to the various strata of society and strengthening of judicial authority including its independence.
Alexander II gave the following description to the judicial regulations: “Having studied these bills We find that they correspond to Our objective to introduce in Russia the justice that would be efficient, just, merciful, equal to all Our subjects, to elevate the judicial authority, provide it with the appropriate independence and to make the population respect the law without which the well-being of the people is impossible and which should be a constant guide for everyone from the highest class to the lower”.
In accordance with the regulations on November 20 (December 2), 1864 in Russia was established the new legal bodies system with a particular competence: the lay justice, the investigators institute and the Bar. The jury trial was also established and the public prosecutor’s office was reorganized providing the adversarial nature of the trial. The judicial authority was separated from the executive power. The judges’ independence and irremovability was declared.
Judicial regulations had been introduced gradually and at first were in force only in St.-Petersburg and Moscow judicial districts. By 1894 they had spread in the whole territory of the European Russia but in some districts there were no trial by jury.
Judicial reform of 1864 was not realized in full measure due to the fact that within the following 20 years were adopted about 700 legislative laws that had come into conflict with the Regulations essential clauses. However the principles it had imposed had a significant influence on the emperor Russia judicial system and were taken into account while forming the Soviet judicial system in 1920.
Lit.: Виленский Б. В. Подготовка судебной реформы 20 ноября 1864 г. в России. Саратов, 1963; Кони А. Ф. Отцы и дети судебной реформы: к пятидесятилетию судебных уставов. М., 1914; Коротких М. Г. Самодержавие и судебная реформа 1864 г. в России. Воронеж, 1989; Трусов А. И. Образец законотворчества и правовой культуры [Электронный ресурс] // КонсультантПлюс. Б.д. URL: http://civil.consultant.ru/sudeb_ustav/.
Based on the Presidential Library’s materials: