Judicial system of the Russian Empire
Encyclopedia
The judicial system of the Russian Empire
was established as part of the system of government reforms
of Peter the Great.
, by the statute of 20 November 1864
.
The new system established — based partly on English
, partly on French
models — was built up on certain broad principles: the separation of the judicial and administrative functions, the independence of the judges and courts, the publicity of trials and oral procedure, the equality of all classes before the law. Moreover, a democratic element was introduced by the adoption of the jury system
and—so far as one order of tribunal was concerned—the election of judges. The establishment of a judicial system on these principles constituted a fundamental change in the conception of the Russian state, which, by placing the administration of justice outside the sphere of the executive power, ceased to be a despotism. This fact made the system especially obnoxious to the bureaucracy
, and during the latter years of Alexander II and the reign of Alexander III there was a piecemeal taking back of what had been given. It was reserved for the third Duma, after the revolution
, to begin the reversal of this process.
The system established by the law of 1864 was remarkable in that it set up two wholly separate orders of tribunal
s, each having their own courts of appeal and coming in contact only in the senate, as the supreme court
of cassation. The first of these, based on the English model, are the courts of the elected justices of the peace
, with jurisdiction over petty causes, whether civil or criminal; the second, based on the French model, are the ordinary tribunals of nominated judges, sitting with or without a jury to hear important cases.
of mir"). They judged minor criminal and civil cases. Justices of the peace were individually elected from the ranks of local self-government bodies - Zemstvo
s in the country districts and municipal duma
s in the towns.
Candidates for this office had to meet certain conditions: only the persons with complete secondary school education were eligible, and only the persons with real estate of 15000 rubles in rural districts, 6000 rubles in the capitals and 3000 rubles in other towns. Most of justices were minor landowners. Zemstvos could in some cases elect Justices of the Peace irrespective of the property qualification, but in such case election had to be unanimous. Justices of the Peace were elected for period of 3 years, and were confirmed in office by Senate
. They could not be dismissed during their term in office, except by indictment under process of law.
There were two classes: acting justices and honorary justices. The acting justice sits normally alone to hear, causes in his canton of the peace, but, at the request of both parties to a suit, he may call in an honorary justice as assessor or substitute. In all civil cases involving less than 30 roubles, and in criminal cases punishable by no more than three days' arrest, his judgment was final. In other cases appeal can be made to the "assize of the peace" (mirovoy syezd), consisting of three or more justices of the peace meeting monthly (cf. the English quarter sessions), which acts both as a court of appeal and of cassation. From this again appeal can be made on points of law or disputed procedure to the senate
, which may send the case back for retrial by an assize of the peace in another district.
. From the town judge (ispravnik), who, in spite of the principle laid down in 1864, combines judicial and administrative functions, an appeal lies (as in the case of the justices of the peace) to an assembly of such judges; from these again there is an appeal to the district court
, consisting of three judges; from this to the court of appeal (sudebnaya palata); while over this again is the senate, which, as the supreme court of cassation
, can send a case for retrial for reason shown. The district court, sitting with a jury, can try criminal cases without appeal, but only by special leave in each case of the court of appeal. The senate, as supreme court of cassation, had two departments, one for civil and one for criminal cases. As a court of justice its main drawback was that it is wholly unable to cope with the vast mass of documents representing appeals from all parts of the empire.
and the peasants. The ecclesiastical court
s had a jurisdiction
over the clergy with its specific procedure. Their interest for the laity lies mainly in the fact that marriage
and divorce
fall within their competence; and their reform has been postponed largely because the wealthy and corrupt society of the Russian capital preferred a system which makes divorce easily purchasable and avoids at the same time the scandal of publicity.
The case of the peasants is more interesting, and deserves a somewhat more detailed notice. The peasants formed a class apart, untouched by the influence of Western civilization
. This fact was recognized by the legislators of 1864, and beneath the statutory tribunals created in that year the special courts of the peasants were suffered to survive. These were indeed but a few years older.
Up to 1861, the date of the emancipation, the peasant serfs had been under the patrimonial jurisdiction of their lords. The edict of emancipation abolished this jurisdiction, and set up instead in each volost
a court particular to the peasants, of which the judges and jury, themselves peasants, were elected by the assembly of the volost (volostnoy skhod) each year. In these courts the ordinary written law had little to say; the decisions of the volost courts were based on the local customary law. The justice administered in them was patriarchal and rough, but not ineffective. All civil cases involving less than 100 roubles value were within their competence, and more important cases by consent of the parties. They acted also as police court
s in the case of petty thefts, breaches of the peace and the like. They were also charged with the maintenance of order in the mir and the family, punishing infractions of the religious law
, husbands who beat their wives, and parents who ill-treated their children. The penalty of flogging, preferred by the peasants to fine or imprisonment, was not unknown. The judges were, of course, wholly illiterate, and this tended to throw the ultimate power into the hands of the clerk (pisar) of the court, who was rarely above corruption.
The peasants are not compelled to go to the volost court. They can apply to the police commissaries (stanovoi) or to the justices of the peace; but the great distances to be traversed in a country so sparsely populated makes this course highly inconvenient. On the other hand, from the volost court there is no appeal, unless it has acted ultra vires
or illegally. In the latter case a court of cassation is provided in the district committee for the affairs of the peasants, which has superseded the assembly of arbiters of the peace (mirovye posredniki) established in 1866.
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
was established as part of the system of government reforms
Government reform of Peter I
Government reform of Peter I refers to modifications made to the state apparatus of Russia during the rule of Peter I.Peter ascended to the throne in 1682; he ruled jointly with his half-brother Ivan V. After Ivan's death in 1696, Peter implemented a series of sweeping reforms aimed at modernizing...
of Peter the Great.
Judicial system after 1864
The judicial system of the Russian Empire, existed from the mid-19th century, was established by the "tsar emancipator" Alexander IIAlexander II of Russia
Alexander II , also known as Alexander the Liberator was the Emperor of the Russian Empire from 3 March 1855 until his assassination in 1881...
, by the statute of 20 November 1864
Judicial reform of Alexander II
The judicial reform of Alexander II is generally considered one of the most successful and the most consistent of all the reforms of Alexander II. During the reform a completely new court system and a completely new order of legal proceedings were established...
.
The new system established — based partly on English
Law of the United Kingdom
The United Kingdom has three legal systems. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland, are based on common-law principles. Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law...
, partly on French
Law of France
In academic terms, French law can be divided into two main categories: private or judicial law and public law .Judicial law includes, in particular:*civil law ; and*criminal law ....
models — was built up on certain broad principles: the separation of the judicial and administrative functions, the independence of the judges and courts, the publicity of trials and oral procedure, the equality of all classes before the law. Moreover, a democratic element was introduced by the adoption of the jury system
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
and—so far as one order of tribunal was concerned—the election of judges. The establishment of a judicial system on these principles constituted a fundamental change in the conception of the Russian state, which, by placing the administration of justice outside the sphere of the executive power, ceased to be a despotism. This fact made the system especially obnoxious to the bureaucracy
Bureaucracy
A bureaucracy is an organization of non-elected officials of a governmental or organization who implement the rules, laws, and functions of their institution, and are occasionally characterized by officialism and red tape.-Weberian bureaucracy:...
, and during the latter years of Alexander II and the reign of Alexander III there was a piecemeal taking back of what had been given. It was reserved for the third Duma, after the revolution
Russian Revolution of 1905
The 1905 Russian Revolution was a wave of mass political and social unrest that spread through vast areas of the Russian Empire. Some of it was directed against the government, while some was undirected. It included worker strikes, peasant unrest, and military mutinies...
, to begin the reversal of this process.
The system established by the law of 1864 was remarkable in that it set up two wholly separate orders of tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s, each having their own courts of appeal and coming in contact only in the senate, as the supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of cassation. The first of these, based on the English model, are the courts of the elected justices of the peace
Justice of the peace (Russia)
Justices of the peace were introduced in Russian Empire in 1864 as part of the Judicial reform of Alexander II. They were based on the British model of the institute....
, with jurisdiction over petty causes, whether civil or criminal; the second, based on the French model, are the ordinary tribunals of nominated judges, sitting with or without a jury to hear important cases.
Justices of the peace
The justices of the peace (Russian: mirovoy sudya, "judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of mir"). They judged minor criminal and civil cases. Justices of the peace were individually elected from the ranks of local self-government bodies - Zemstvo
Zemstvo
Zemstvo was a form of local government that was instituted during the great liberal reforms performed in Imperial Russia by Alexander II of Russia. The idea of the zemstvo was elaborated by Nikolay Milyutin, and the first zemstvo laws were put into effect in 1864...
s in the country districts and municipal duma
Duma
A Duma is any of various representative assemblies in modern Russia and Russian history. The State Duma in the Russian Empire and Russian Federation corresponds to the lower house of the parliament. Simply it is a form of Russian governmental institution, that was formed during the reign of the...
s in the towns.
Candidates for this office had to meet certain conditions: only the persons with complete secondary school education were eligible, and only the persons with real estate of 15000 rubles in rural districts, 6000 rubles in the capitals and 3000 rubles in other towns. Most of justices were minor landowners. Zemstvos could in some cases elect Justices of the Peace irrespective of the property qualification, but in such case election had to be unanimous. Justices of the Peace were elected for period of 3 years, and were confirmed in office by Senate
Governing Senate
The Governing Senate was a legislative, judicial, and executive body of Russian Monarchs, instituted by Peter the Great to replace the Boyar Duma and lasted until the very end of the Russian Empire. It was chaired by the Ober-Procurator...
. They could not be dismissed during their term in office, except by indictment under process of law.
There were two classes: acting justices and honorary justices. The acting justice sits normally alone to hear, causes in his canton of the peace, but, at the request of both parties to a suit, he may call in an honorary justice as assessor or substitute. In all civil cases involving less than 30 roubles, and in criminal cases punishable by no more than three days' arrest, his judgment was final. In other cases appeal can be made to the "assize of the peace" (mirovoy syezd), consisting of three or more justices of the peace meeting monthly (cf. the English quarter sessions), which acts both as a court of appeal and of cassation. From this again appeal can be made on points of law or disputed procedure to the senate
Governing Senate
The Governing Senate was a legislative, judicial, and executive body of Russian Monarchs, instituted by Peter the Great to replace the Boyar Duma and lasted until the very end of the Russian Empire. It was chaired by the Ober-Procurator...
, which may send the case back for retrial by an assize of the peace in another district.
The ordinary tribunals
The ordinary tribunals, in their organization, personnel and procedure, were modelled very closely on those of FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. From the town judge (ispravnik), who, in spite of the principle laid down in 1864, combines judicial and administrative functions, an appeal lies (as in the case of the justices of the peace) to an assembly of such judges; from these again there is an appeal to the district court
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
, consisting of three judges; from this to the court of appeal (sudebnaya palata); while over this again is the senate, which, as the supreme court of cassation
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, can send a case for retrial for reason shown. The district court, sitting with a jury, can try criminal cases without appeal, but only by special leave in each case of the court of appeal. The senate, as supreme court of cassation, had two departments, one for civil and one for criminal cases. As a court of justice its main drawback was that it is wholly unable to cope with the vast mass of documents representing appeals from all parts of the empire.
Ecclesiastical and volost courts
Two important classes in Russia stood more or less outside the competence of the above systems: the clergyClergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
and the peasants. The ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
s had a jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over the clergy with its specific procedure. Their interest for the laity lies mainly in the fact that marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
and divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
fall within their competence; and their reform has been postponed largely because the wealthy and corrupt society of the Russian capital preferred a system which makes divorce easily purchasable and avoids at the same time the scandal of publicity.
The case of the peasants is more interesting, and deserves a somewhat more detailed notice. The peasants formed a class apart, untouched by the influence of Western civilization
Western culture
Western culture, sometimes equated with Western civilization or European civilization, refers to cultures of European origin and is used very broadly to refer to a heritage of social norms, ethical values, traditional customs, religious beliefs, political systems, and specific artifacts and...
. This fact was recognized by the legislators of 1864, and beneath the statutory tribunals created in that year the special courts of the peasants were suffered to survive. These were indeed but a few years older.
Up to 1861, the date of the emancipation, the peasant serfs had been under the patrimonial jurisdiction of their lords. The edict of emancipation abolished this jurisdiction, and set up instead in each volost
Volost
Volost was a traditional administrative subdivision in Eastern Europe.In earlier East Slavic history, volost was a name for the territory ruled by the knyaz, a principality; either as an absolute ruler or with varying degree of autonomy from the Velikiy Knyaz...
a court particular to the peasants, of which the judges and jury, themselves peasants, were elected by the assembly of the volost (volostnoy skhod) each year. In these courts the ordinary written law had little to say; the decisions of the volost courts were based on the local customary law. The justice administered in them was patriarchal and rough, but not ineffective. All civil cases involving less than 100 roubles value were within their competence, and more important cases by consent of the parties. They acted also as police court
Police Court
Police Court is a 1932 American Monogram Pictures drama motion picture starring Henry B. Walthall, Leon Janney, Lionel Belmore, and King Baggot. Directed by Louis King and produced by I. E. Chadwick, the screenplay was adapted by Stuart Anthony from his story...
s in the case of petty thefts, breaches of the peace and the like. They were also charged with the maintenance of order in the mir and the family, punishing infractions of the religious law
Religious law
In some religions, law can be thought of as the ordering principle of reality; knowledge as revealed by a God defining and governing all human affairs. Law, in the religious sense, also includes codes of ethics and morality which are upheld and required by the God...
, husbands who beat their wives, and parents who ill-treated their children. The penalty of flogging, preferred by the peasants to fine or imprisonment, was not unknown. The judges were, of course, wholly illiterate, and this tended to throw the ultimate power into the hands of the clerk (pisar) of the court, who was rarely above corruption.
The peasants are not compelled to go to the volost court. They can apply to the police commissaries (stanovoi) or to the justices of the peace; but the great distances to be traversed in a country so sparsely populated makes this course highly inconvenient. On the other hand, from the volost court there is no appeal, unless it has acted ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
or illegally. In the latter case a court of cassation is provided in the district committee for the affairs of the peasants, which has superseded the assembly of arbiters of the peace (mirovye posredniki) established in 1866.