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History of domestic state and law. Military and judicial reforms of the second half of the 19th century (the most important)

Lecture notes, cheat sheets

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MILITARY AND JUDICIAL REFORM OF THE SECOND HALF OF THE 19TH CENTURY.

Home military reform was laid in 1857 by the abolition of military settlements. In 1874, a new "Charter on military service" was issued and universal military duty was introduced. A 6-year term of active service in the army was established; those who served were enlisted for 9 years in the reserve (in the fleet, the corresponding terms are 7 years and 3 years), they were provided with a number of benefits. For persons with higher education, the service life was reduced to 6 months. Cane discipline in the army was replaced by humane education and training of soldiers. The caste system of the officer corps was destroyed in connection with the possibility of entry into it of persons of non-noble origin. In general, the reform contributed to the improvement of the combat capability of the Russian army.

Preparing for judicial reform started back in the 50s. XNUMXth century It was based on the principles of the independence of the court from the administration, the equality of the parties before the court, the publicity and competitiveness of the process, the right of the accused to defense.

In total, 1864 legislative acts were adopted in 4: the Establishment of Judicial Institutions, the Charter of Criminal Proceedings, the Charter of Civil Procedure, the Charter on Punishments Imposed by Justices of the Peace.

The first court instance was the magistrate whose consideration was subject to ug. cases of non-serious crimes (the maximum punishment for which did not exceed 1,5 years) and simple civil cases (with a claim value of not more than 500 rubles). The justice of the peace made the decision alone. The decision of the justice of the peace could be appealed to the county (capital) congress of justices of the peace. Justices of the peace worked for free.

The system of general courts included district courts, judicial chambers and the Governing Senate.

District courts considered cases that were not referred to the jurisdiction of justices of the peace, while criminal cases were considered with the participation of jurors.

The judicial chambers were the appellate courts for the district courts, they could act as the first court in the most serious corners. cases (on religious and political crimes).

Senate - High Court of Cassation. the court considering appeals against sentences handed down by general courts with the participation of jurors. He also served as the court of first instance when bringing to ug. responsibility of higher state officials.

In 1867, the military judicial reform: The system of military courts was somewhat liberalized.

Advocacy in Russia it was created in the course of the judicial reform of 1864. Among lawyers, jurors and private attorneys stood out. Attorneys at law (lawyers in the proper sense of the word), united in boards (under the leadership of the Council of Attorneys at Law), acted as defenders in criminal proceedings, which private attorneys could not do. Private attorneys could work only at a certain court.

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