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История государства и права России. Судебная система и полицейские органы в XVIII в (самое важное)

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42. Judicial system and police authorities in the XNUMXth century

For the judicial function were established first sole landrichters, and then (January 8, 1719) and collegiate courts of law of presidents and assessors chaired by Oberlandrichters. Collegiate "provincial" courts chaired by ober-landrichters were established in large cities, and city judges were established in small towns.

Peter I sought to implement the principle of separating the court from the administration, which was never fully implemented. The governors, without interfering in legal proceedings, could stop the execution of court decisions, although they were responsible for an unfounded protest.

В 1722 BC the court was reunited with the administration. The governor presides over the courts. As for the provincial courts, the governor and one or two assessors acted as judges. Sometimes the latter were seconded to remote cities of a given province for a sole court.

Peter created system of military and naval courts.

There prosecutors, which were created from above: first, in 1722, the rank of prosecutor general was created, then the fiscals (already created in 1711 as employees of the body of secret supervision) were reassigned to him. At first, the prosecutor's office was a body of general supervision, in addition, the prosecutor general supervised the Senate.

During the reform 1775 BC an attempt was made to separate the court from the administration, i.e., the courts were not subordinate to local executive bodies. Class courts were created (for the nobility, the judge was a nobleman, for the townspeople - a city dweller, but for the peasants there could also be a nobleman).

There are two types of courts:

1) for nobles - county and upper zemstvo court;

2) for citizens - city magistrate, provincial magistrate;

3) for peasants - the lower massacre in the county and the upper massacre in the province.

Then it is created state court, divided into a civil chamber and a criminal law chamber. This court consisted of officials who were appointed by the state. It was of an appeal nature, and its decisions could be appealed to the Senate.

Court of Appeal dealt with in the same manner as in the first instance. An appeal can be filed with any outcome of the court, but then it was purely formal and dragged on (due to the lack of means of communication) sometimes for a decade.

В beginning of the 18th century. a new body appears in the system of the state apparatus - police, which performed an important task of protecting the feudal system.

Initially, police bodies were created in St. Petersburg and Moscow. AT 1718 BC position is established police chief general Petersburg, in 1722 BC in Moscow - chief police chief. They headed the offices of police chiefs. The police relied in their activities on the elders of the streets and tenths, elected from merchants and artisans. The competence of the police was extensive: maintaining order, fighting crime in the city, urban improvement, catching runaway peasants, and firefighting measures.

Prisons occupied a prominent place among the punitive organs. According to the Council Code of 1649, imprisonment as a measure of punishment was provided for in 40 cases; This measure was also applied according to the Military Article of 1715.

Authors: Dudkina L.V., Shcherbakova O.V.

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