Court system Judicial reform of Alexander II

1 court system

1.1 general judicial settlements
1.2 local judicial settlements
1.3 court-martial

court system

the court system of imperial russia had remained intact since reign of catherine ii. included estates-of-the-realm courts different estates of realm. alexander ii introduced unified two-level system consisted of general judicial settlements (Общие судебные установления) , local judicial settlements (Местные судебные установления), settlement (установление) stands body or office. courts separated executive branch.

general judicial settlements

an 1850s caricature ridiculing pre-reform court system

general judicial settlements included district courts, judicial chambers, , senate.

each district court covered several uyezds. judges nominated minister of justice , appointed tsar. judge had meet requirements, included length of service, immaculate reputation, , property qualification. there no fixed tenure district court judges.

the law provided different cases depending on gravity of offence , on difficulty of investigation heard different boards of judges. board include 3 judges, judge , jury or judge , representatives of estates. introduction of representatives of estates, enjoyed same rights judges, heavily criticized inconsistent unification of court system.

one of important results of reform wide introduction of jury trials. jury trial included 3 professional judges , twelve jurors. juror had possess real estate of value. unlike in modern jury trials, jurors not decide whether defendant guilty or not guilty decide defendant guilty not punished, alexander ii believed justice without morality wrong. sentence rendered professional judges.

unlike trials estate of realm representatives sit in upper courts, jury trials held on level of district court. liberals praised introduction of jury trials-a few intellectuals criticized them. 2 examples of such critics can seen in leo tolstoy s resurrection , fyodor dostoyevsky s brothers karamazov. in 1878, revolutionary vera zasulich failed assassinate st. petersburg governor-general fyodor trepov, had ordered political prisoner flogged. though obvious zasulich guilty, jury acquitted completely. verdict of jury based not on law on feeling of injustice committed trepov, case of jury nullification.

judicial chambers courts of appeal cases heard in district courts. had original jurisdiction in high crimes (usually if offender official). each judicial chamber covered several guberniyas. judges appointed tsar.

the highest court senate. included department of cassation in civil cases , department of cassation in criminal cases. heard appeals brought on cases heard in lower courts. department of cassation, in criminal cases, court of first instance serious crimes. in 1877, within senate, disciplinary commission judges established.

the regulations provided extraordinary supreme criminal court. convened if serious crime committed highest officials or assassination attempt on tsar or relatives.

local judicial settlements

the regulations provided establishment of local courts justices of peace, supposed deal minor offences , not impose sentence on 1 year of imprisonment. each justice of peace supposed serve in circuit, 1 uyezd comprising several circuits. elected 3 years zemstvas. however, in many areas, there not enough candidates meet requirements election. in other areas local authorities hindered process of election. in several western regions justices of peace appointed minister of justice. in 1889, whole institution abolished everywhere except moscow , st. petersburg. powers of justices of peace vested in local executive authorities. restored in 1912, monarchy collapse.

regulations concerning peasants leaving serf dependence (Положения о крестьянах выходящих из крепостной зависимости) provided creation of volost courts deal minor offences committed peasants. judges in such courts local peasants had literate , not have convictions. elected 3 years electors elected peasants themselves. appeals on decisions rendered volost courts lodged upper rural courts, consisted of chairmen of local volost courts. sentence rendered upper rural court had supervised either justice of peace or (if none) local authorities.

court-martial

courts martial existed separately other courts. system of courts martial listed in court-martial regulations 1867. according it, minor crimes dealt in regiment court. judges officers appointed head of regiment. in order enforce decision, consent of head of regiment required. grave crimes , appeals dealt in district courts martial. highest instance supreme court-martial. members of supreme court-martial appointed tsar.