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Justices of the Peace introduced in Moscow and St. Petersburg
On May 17 (29) 1866 first Justices of the Peace were introduced in Moscow and St. Petersburg. In October 1858 the commission, set up for the police reform, addressed Alexander II with a suggestion to divide executive power from judicial. It was necessary to found a special body, which would regulate arguments between peasants, leaving serf dependence, and landowners, and also deal with minor disagreements between peasants. The Justice of the Peace could have become such a body.
The Justice of the Peace was considered to become a promising body of judicial power, handling minor arguments. According to its creators’ plans, it was going to become a universal body, not only dealing with conflicts between landowners and peasants, but also considering minor cases between estates, thus turn into a lower court, following an example of the Western Europe. However it was impossible to implement the idea, as its introduction required an immediate judicial reform, the government was not ready for. Therefore the institute of lay justice was decided to divide into conciliators, dealing with arguments between landowners and peasants, and Justices of the Peace (magistrates).
A suggestion to set up a Justice of the Peace got the highest approval. Russian newspapers published a number of articles, dedicated to Justices of the Peace in foreign countries: Great Britain, France, and Prussia. In 1862 when “Principle regulations of judicial system” were made public, newspapers and magazines started to supply them with commentaries. Russian lawyers were deeply involved into a discussion of the project of Russian Justice of the Peace.
In 1864 new judicial regulations were approved by Alexander II. In accordance with a judicial reform in Russia were introduced two systems of judicial institutions: courts with elected judges — Justices of the Peace and Justices of the Peace’ Congresses, and courts with appointed judges — district courts and judicial chambers.
The Justice of the Peace with a simplified judicial system was established both in towns and uezds.
Justices of the Peace were elected for three years by uezd zemstvo, whereas in the towns — by municipal Dumas. Candidates had to meet certain requirements – property and educational qualification. Justices of the Peace considered minor criminal and civil cases and took individual decisions. The second instance of the Justice of the Peace was a Congress of the Justice of the Peace, or uyezd Congress of Justices of the Peace. It approved resolutions of Justices of the Peace regarding most important cases and considered complaints about its sentences.
The decision of the government to divide the justice from the police was conditioned by a necessity to streamline relations between landowners and peasants, leaving serf dependence. When choosing a model of the judicial system, lawmakers preferred the one, which included a number of principles and judicial institutions’ structures in Great Britain and France. Following traditions of the British law, the Russian justice was divided into the Justice of the Peace and general, each of which had its own structure and independent scope. An idea of a cassation instance, common for the Justices of the Peace and General courts, had its roots in the French law. The institute of the Justice of the Peace was to become a court, which would deal with minor cases and meet the requirements of accessibility, branching, quickness and individual decisions making. The principle aim of such courts was reconciliation of the parties.
A judicial and administrative reform, aimed at reconsideration of judicial regulations of 1864, was introduced in 1889. Functions of Justices of the Peace were transferred to municipal judges, appointed by the government. The Justice of the Peace was replaced by the uyezd congress of zemstvo administrators. In June 1912 the institute of Justices of the Peace was revived.
After revolutions of 1917 former judicial bodies were abolished, however their experience was considered during the establishment of judicial system of ’20s.
Lit.: Дорошков В. В. Мировой судья. Исторические, организационные и процессуальные аспекты деятельности. М. 2004; Каширский С. В. Становление и функционирование мировых судов в судебной системе России: дисс. … к. ю. н. Нижний Новгород, 2005; Кононенко В. Мировой суд как зеркало судебно-правовой реформы // Российская юстиция. 1998. № 11; Ланге Л. И. Настольная книга для мировых судей при исполнении судебных их обязанностей. М., 1866; То же [Электронный ресурс]. URL: ссылка; Лонская С. В. Мировой суд в России, 1864-1917 гг.: Историко-правовое исследование: дисс. … к. ю. н. Калининград, 1998; Суды // Центральные архивы Москвы: путеводитель по фондам. Вып. 1. М., 1999; Шаркова И. Г. Мировой судья в дореволюционной России // Государство и право. 1998. № 9.
Based on the Presidential Library’s materials:
Алексеев Н. Ф. Руководство для мировых судей: Уставы гражданского судопроизводства. М., 1880;
Горбунов А. С. Новый мировой суд: Руководство для крестьян. Вятка, 1871;
Железников В. А. Настольная книга для мировых судей. СПб., 1867;
Неклюдов Н. А. Руководство для мировых судей: В 5 т. Т. 2: Уставы о наказаниях. СПб., 1868;
Правила счетоводства в мировых судебных установлениях: 1871 года сентября 21-го. М., 1871;