51. Establishment of Judicial Institutions 1864

In November 1864, the Establishment of Judicial Institutions was adopted, which marked the transition to new judiciary in Russia.

The composition of the judicial system according to the Institutions of Judicial Establishments of 1864 included:

1) general courts:

a) a district judge;

b) judicial chamber;

c) world courts (justice of the peace and congress of justices of the peace);

2) special courts (for example, volost courts, which were created for peasants and were purely estate, their competence included the consideration of claims up to 100 rubles and minor criminal cases);

3) constitutional and highest court - The Senate.

Magistrate's Court was the first and lowest court in criminal and civil cases. He considered cases within his district: criminal, for which a fine of up to 300 rubles was provided, and civil, the cost of a claim for which was less than 500 rubles.

world district included the county and its constituent cities and was divided into magistrate areas, within which the activities of magistrates were carried out.

All other cases were within the competence of district judges.

Each district judge he was a member of the collegium of the judicial chamber, which considered cases under general jurisdiction (for example, state crimes, etc.), within the limits of their competence, district judges considered cases individually.

Jury Institute acted only in district courts in the XNUMXth century. in Russia. Therefore, the jury can be called one of the forms of district court.

judicial district often covered several provinces at once and was divided into judicial sections. A positive feature of the district legal proceedings was that the court became higher in rank of the provincial authorities.

At that time there were 2 instances for judicial review. These were: the appellate instance; cassation authority.

Court of Appeal for Justices of the Peace - county congress of magistrates. He acted 2 times a year for several days. The decisions of this court could be reviewed by way of cassation.

There was no appellate instance for reviewing jury decisions; they were reviewed only on cassation in the judicial chamber.

The Senate is the highest judicial body, which included:

1) cassation departments (they considered complaints and protests about the violation of the "direct meaning of the laws", requests for review of sentences that have entered into force due to newly discovered circumstances, cases of malfeasance);

2) special presences (they were created to solve extremely important, special cases).

The reforms of 1861 established the following principles of justice:

1) the classless nature of the court;

2) competitiveness of legal proceedings;

3) separation of the court from the administration and separation of the judicial and accusatory powers;

4) consideration of cases by jurors;

5) publicity of legal proceedings;

6) the election of the court (this applied only to district courts, all the rest were appointed, justices of the peace were also elected in certain areas; the election of a judge was always carried out on the basis of a high property qualification).

Since the adoption of the Institution of Judicial Establishments in 1864, all special estate courts: for nobles, peasants, townspeople, boundary, conscientious courts, etc.

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

<< Back: Zemstvo reform of 1864 City reform of 1870

>> Forward: The Charter of Criminal Proceedings of 1864

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