“Basic regulations on legal procedure reformation in Russia” approved

On September 29 (October 11) 1862 the Emperor Alexander II approved “Basic regulations on legal procedure reformation in Russia”, which became the basis of legal proceedings democratization in the Russian Empire.

By mid. 19th c. a corrupt justice system in Russia dramatically impeded the development of legal proceedings. All levels of the population were interested in a legal power reform.

In summer 1857 the Emperor Alexander II ordered to submit a project of Civil Procedure Charter to the State Council. During the discussion of this project in the State Council its chairman prince A.F. Orlov came to a conclusion that prior to such a charter’s adoption it was necessary to bring changes into the judicial system. The prince stated his thoughts in a special note to the Emperor, who soon accepted Orlov’s idea. In November 1859 the Head of 2nd division of His Imperial Majesty’s Own Chancellery, Count D.N. Bludov, introduced a project of Judicial System Provisions to the State Council.

During two years remarks on the project were being considered in the State Council departments. In October 1861 Count Bludov presented a report, which outlined the results of work, to the Emperor. Right then was set up a commission for preparation of documents on judicial system and legal proceedings, which brought together prominent lawyers of that time. State Secretary of the State Council S.I. Zarudny played a key role in the work of the commission. A year later the commission worked out “Basic regulations on legal procedure reformation in Russia”, which were approved by the Emperor and then published. The project of the commission was also sent to many Western European universities.

It was the experience of the western legislation that was used when compiling the project of “Basic regulations”. On the basis of “Basic regulations” were created the law on judicial system, Regulations on punishments, inflicted by justice of the peace, Regulations on Criminal Proceedings and Regulations on Civil Proceedings. The Code on criminal and correctional punishments, approved by the Emperor Nicholas I in 1845, also remained.

“Basic regulations on legal procedure reformation in Russia” consisted of three parts, focused accordingly on judicial system, civil and criminal legal proceedings. They fixed new institutions and principles — separation of a court from administration, electoral justice of peace, lay people in county court, advocacy, and a principle of competiveness.

According to contemporaries, the result of novelties in Russian legal proceedings was an establishment of “judicial republic” inside an autocratic state. The main accomplishment of Alexander II was establishment of a court which was equal for all estates, with participation of jurors. Simultaneously was set up a public prosecutor’s office as a part of judicial department, and was introduced an institute of attorneys. Preliminary investigation was managed by judicial investigators (justice officials), not by administration. Judges became irremovable and formally independent.

In the decree to Governing Senate Alexander II specified aims of the new judicial system in Russia: “Having considered these projects, we believe that they fully correspond to our intention to introduce in Russia a court being quick, just, merciful and equal to all our subjects, raise judicial power, provide proper independence to it, and impart to our people a respect for law, without which it is impossible to ensure public well-being and which is to become a permanent supervisor of actions of each and everyone”.

Lit.: Гессен И. В. История русской адвокатуры. Т. 1. М., 1997; Казанцев С. М. История царской прокуратуры. СПб., 1993; Коротких М. Г. Борьба в правительственных кругах по поводу принципов судебной реформы в России (1857-1859) // Государственный строй и политико-правовые идеи России второй половины XIX столетия. Воронеж, 1987; Шувалова В. А. О сущности судебной реформы 1864 г. в России // Советское государство и право. 1964. № 10. С. 121-127.

Based on the Presidential Library’s materials:

Основные положения преобразования судебной части в России : [Проект]. 1862;

Основные положения преобразования судебной части в России. М., 1863;

Полное собрание законов Российской Империи. Собрание 2-е. СПб., 1865. Т. 37 (1862). № 38761.