55. Judicial reform (organs of the court according to judicial statutes)

Until 1861, 14 bills were submitted to the State Council to change the existing judicial system. At the end of 1862, the draft "Basic provisions of the judiciary", which formulated the principles of classlessness of the court, the abolition of the system of formal evidence and the definition of "leaving in suspicion".

In November 1864, they were approved and entered into force main acts of judicial reform: Institutions of Judicial Establishments, Charter of Criminal Proceedings, Charter on Punishments Imposed by Justices of the Peace. In addition, at the same time, the division of courts into general and special was introduced. There was also a lower world court.

There were world districts, which were divided into sections. A justice of the peace, additional and "honorary" justices of the peace (taking into account the very high property qualification) were chosen for the districts at the Zemstvo assembly.

Magistrate's Court became the first instance in criminal and civil cases. They made decisions on cases that belonged to their plots. He had the right to impose fines up to 300 rubles, to consider claims up to 500 rubles. Cases were considered according to the principles of publicity, classlessness and electiveness of the court.

world district included, as a rule, the county and its constituent cities. The district was divided into world sections, within which the activities of justices of the peace were carried out.

District courts were established for several counties and consisted of a chairman and members. A new institution introduced by the reform at the level of the first link of the general judicial system (district courts) was jurors. The jury was offered cases of "crimes and misdemeanors, entailing punishments, connected with the deprivation of all rights of the state, as well as all or some special rights and advantages." At the district courts, an institute of investigators was established, who, under the supervision of the prosecutor's office, carried out a preliminary investigation of crimes committed in the areas assigned to them.

Appeals were submitted to the county congress of justices of the peace, which met twice a year for several days. The appeal should have been filed within that time frame. It was possible to appeal against the decision of the congress only in the highest instance (in the cassation procedure).

The institute of trial by jury was introduced only in district courts. Appeal against the decisions of the jury was allowed only in cassation and only in the trial chamber.

Supreme Court - Senate (departments and special presences). Special presences were created to solve extremely important, special cases.

The cassation departments of the Senate considered complaints and protests against violations of the "direct meaning of laws", requests for review of sentences that have entered into force due to newly discovered circumstances, cases of malfeasance (in a special procedure of legal proceedings).

According to the general opinion, the judicial reform of 1864 was the most complete of the entire series of "Great Reforms", the beginning of which was the abolition of serfdom in Russia. The introduction of a truly civilized judicial system in the country could not but have a beneficial effect on the development of Russian society as a whole. This reform laid the foundations for further (possible) democratization of Russian society.

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

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