Justice of the peace (Russia)
Encyclopedia
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
.
The institute of justice of peace replaced by other offices after the Russian Revolution and was restored in late 1990s in modern Russia
.
comprising several circuits. They were elected for three years by zemstvas
. However, in many areas there was not enough candidates who would meet the requirements for election, in other areas local authorities hindered the process of election. In several Western regions justices of the peace eventually were appointed by the Minister of Justice. In 1889 the whole institution was abolished everywhere except for Moscow and St. Petersburg. The powers of justices of the peace were vested in local executive authorities. They were restored in 1912 but at that time the monarchy was already about to collapse.
Justices of the Peace judged minor criminal and civil cases. They 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.
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...
in 1864 as part of the Judicial reform of Alexander II
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...
. They were based on the British model of the institute
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
.
The institute of justice of peace replaced by other offices after the Russian Revolution and was restored in late 1990s in modern Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
.
Russian Empire
The Regulations of the reform provided for establishment of local courts with justices of the peace which were supposed to deal with minor offences and could not impose sentence more than one year of imprisonment. Each justice of the peace was supposed to serve in a circuit one uyezdUyezd
Uyezd or uezd was an administrative subdivision of Rus', Muscovy, Russian Empire, and the early Russian SFSR which was in use from the 13th century. Uyezds for most of the history in Russia were a secondary-level of administrative division...
comprising several circuits. They were elected for three years by zemstvas
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...
. However, in many areas there was not enough candidates who would meet the requirements for election, in other areas local authorities hindered the process of election. In several Western regions justices of the peace eventually were appointed by the Minister of Justice. In 1889 the whole institution was abolished everywhere except for Moscow and St. Petersburg. The powers of justices of the peace were vested in local executive authorities. They were restored in 1912 but at that time the monarchy was already about to collapse.
Justices of the Peace judged minor criminal and civil cases. They 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.