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Military Court Charter 1867 approved by Alexander II
15 (27) May 1867 Alexander II confirmed the charter of Military Court, which was built on the principles of judicial reform of 1864 and determined the structure and the competence of military courts. When the Charter was approved, the way of its entry into force was not defined. The Charter had been introduced gradually, from 1867 to 1889, in certain military districts.
The new judicial system based on the principles of silence, publicity and competition. The following judicial instances had been introduced: regimental courts, military district courts and the Chief military court. The courts were recognized independent of the administrative bodies; the positions of investigator and military prosecutor were established; class privileges of defendants were formally abolished; the procedure for appeal was established.
In wartime courts-martial were in effect. Their judgments concerned both military men and civilians if they were in the territory, declared martial law.
Regimental courts were set by the commander of a regiment and included three officers: Chairman - staff officer and two members - the chief officers. Chairman was appointed for a term of one year, members of the court - for six months. All of them had to have experience of service in the frontline positions of at least two years and generally were not exempted from performing their regular duties.
Regimental courts had jurisdiction over cases involving crimes of the lower ranks, providing for corrective punishment. They used a simplified procedure for review and resolution of cases. It was the commander of the regiment who gave orders to institute proceedings and consider the cases according to reports of chiefs of the accused, complaints from individuals and also according to information from magistrates, police and other administrative authorities.
Regimental courts considered the case orally, mainly in open session. The exceptions were cases of violation of military discipline and misconduct against family rights, "the insult of female honor," etc. Hearing and decision of the case, if possible, was to be completed in one session. The verdict of the court was affirmed by the regimental commander in three days, and in some cases - "not later than the next day." He could change the sentence within the scope of disciplinary rights given to him. The approved sentence immediately entered into force and was subject to execution. After that, it was not allowed to file an appeal.
The jurisdiction of military district courts treated the cases of generals, officers and officials of the military departments; of the crimes of the lower ranks for the commission of which punishments were more severe than those appointed by regimental court; or the crimes committed jointly with the civilians against military service; crimes and misdemeanors of the lower ranks, if there was a civil claim in excess of 100 rubles or if a monetary penalty of over 100 rubles was stipulated for committing the crime.
Military district courts had jurisdiction over all cases involving "crimes against the state," the military, and in areas declared under martial law, also the cases with regard to civilians.
The Military District Courts were established by a commander of each military district and consisted of permanent and temporary members. The permanent members included presidents, military judges and military investigators of these courts with a law degree. Temporary members of the military district courts - two staff officers and four chief officers – were appointed from the army for six months.
Sentences of military district courts were final and could be lifted only on cassation appeal as a result of complaints from those involved in the case, and the protests of military prosecutors. Filing the appeal or protest suspended execution of sentence, except for sentencing regarding the release of the defendant from custody. The case along with the complaint or protest was then submitted to the Chief court-martial.
While regimental and military district courts were the courts of first instance and were intended for consideration and decision on the cases in essence, the Chief Military Court (GVS) was in charge of all military courts of the Russian Empire.
GVS itself was located in St. Petersburg, and its branch offices - in Siberia (Omsk) and the Caucasus (Tbilisi). Siberian and Caucasus Branches enjoyed the same degree of authority with respect to subordinate courts as the GVS. However, issues concerning the amendments to military and criminal law were to be discussed only in GVS.
The Chief Military Court and its offices consisted of chairmen and members (military judges). Their number was defined by the staff. Chairmen of the Court and offices were selected by the Minister of War from among senior officials of the military, the judiciary (chairmen of the military-district courts, military prosecutors, etc.) in the rank not lower than the general. They were appointed to the position by a tsar's decree and the decree to the Governing Senate. Members of the Court were appointed from among military officials of the first four classes of the Table of Ranks.
Under the GVS served the main military prosecutor and a number of his deputies, and branch office had a deputy of the chief military prosecutor and his assistants.
At the sessions of GVS and its branches were to be present at least three judges (including the chairman), a clerk, the chief military prosecutor, or his deputy (in the offices - Deputy Chief Military Prosecutor assistant).
GVS records management was carried in the Main military court department, and GVS office branches’ records management - in special offices. All communications GVS and military court institutions, military and civilian agencies, as well as with officials were carried out via the Main military court department.
GVS reviewed cases of appeals and protests; of private complaints and protests in the cases determined by the Charter of Military Justice; of disciplinary penalties against persons of military court department on the basis of rules defined in the first section of the Military Court Charter.
GVS resolutions on all these cases were final, could not be appealed and were subject to immediate execution.
In addition to considering military court cases, GVS carried out legislative deliberative functions. At the court sessions were discussed issues related to clarification and change in military criminal law. GVS resolutions on legislative affairs approved by tsar acquired the force of law, and were declared to the execution by orders of the military department.
Lit.: Военно-судебный устав. СПб., 1867; Высшие и центральные государственные учреждения России 1801-1917. Т. 4. СПб., 2004. С. 137; Иллюстров И. Военные суды в русской армии за 25-летие (1867-1885 гг.). М., 1890; Первухин Д. В. Организация и деятельность полковых судов в Вооружённых Силах России с 1867 по 1921 год. Дис....канд. юрид. наук. М., 2000; Петухов Н. А. Социальные и правовые проблемы становления, развития и функционирования системы военных судов России. Автореф. дис… докт. юрид. наук. М., 2003; Чистяков О. И., Новицкая Т. Е. Реформы Александра II. М., 1998.
Based on the Presidential Library’s materials:
Анисимов А. Н. Военно-судебный устав. Варшава, 1871;
Гессен И. В. Судебная реформа. СПб., 1905;
Головачев А. А. Десять лет реформ 1861-1871. СПб., 1872;
Ермилов В. Е. Царь-освободитель и его реформы. М., 1898;
Полное собрание законов Российской империи. СПб., 1871. Т. 42, отд. 1. 1867. № 44575 C. 536-637;
Сборник законодательных работ по составлению Военно-судебного устава. СПб., 1867;
Томсен А. П. Правила производства дел в полковых судах по Военно-судебному уставу. СПб., 1878;