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The judicial reform of Alexander II is generally considered one of the most successful and consistent of all his reforms (along with the military reform). A completely new court system and order of legal proceedings were established. The main results were the introduction of a unified
judicial system The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
instead of a cumbersome set of
estates of the realm The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed and ...
courts, and fundamental changes in criminal trials. The latter included the establishment of the principle of equality of the parties involved, the introduction of public hearings, the
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a signific ...
, and a professional advocate that had never existed in Russia. However, there were also problems, as certain obsolete institutions were not covered by the reform. Also, the reform was hindered by
extrajudicial punishment Extrajudicial punishment is a punishment for an alleged crime or offense which is carried out without legal process or supervision by a court or tribunal through a legal proceeding. Politically motivated Extrajudicial punishment is often a fea ...
, introduced on a widespread scale during the reigns of his successors – Alexander III and
Nicholas II Nicholas II or Nikolai II Alexandrovich Romanov; spelled in Reforms of Russian orthography, pre-revolutionary script. ( 186817 July 1918), known in the Russian Orthodox Church as Saint Nicholas the Passion-Bearer,. was the last Emperor of ...
. The judicial reforms started on 20 November 1864, when the tsar signed the decree which enforced four Regulations (Establishment of Judicial Settlements, Regulations of Civil Proceedings, Regulations of Criminal Proceedings, and Regulations of Punishments Imposed by Justices of the Peace).


Court system

The court system of
Imperial Russia The Russian Empire was an empire and the final period of the Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended the Great Northern War. T ...
had remained intact since the reign of
Catherine II , en, Catherine Alexeievna Romanova, link=yes , house = , father = Christian August, Prince of Anhalt-Zerbst , mother = Joanna Elisabeth of Holstein-Gottorp , birth_date = , birth_name = Princess Sophie of Anh ...
. It included Estates-of-the-realm courts for different estates of the realm. Alexander II introduced a unified two-level system which consisted of ''General judicial settlements'' (Общие судебные установления) and ''Local judicial settlements'' (Местные судебные установления), where ''settlement'' (''установление'') stands for ''body'' or ''office''. Courts were separated from the executive branch.


General judicial settlements

General judicial settlements included district courts, judicial chambers, and the Senate. Each district court covered several
uyezd An uezd (also spelled uyezd; rus, уе́зд, p=ʊˈjest), or povit in a Ukrainian context ( uk, повіт), or Kreis in Baltic-German context, was a type of administrative subdivision of the Grand Duchy of Moscow, the Russian Empire, and the ea ...
s. Judges were nominated by the Minister of Justice and appointed by the
tsar Tsar ( or ), also spelled ''czar'', ''tzar'', or ''csar'', is a title used by East and South Slavic monarchs. The term is derived from the Latin word '' caesar'', which was intended to mean "emperor" in the European medieval sense of the t ...
. A judge had to meet certain requirements, which included a length of service, an immaculate reputation, and a property qualification. There was no fixed tenure for district court judges. The law provided that different cases depending on the gravity of the offence and on the difficulty of investigation were heard by different boards of judges. The board could include three judges, the judge and the jury or the judge and representatives of the estates. The introduction of representatives of the estates, who enjoyed the same rights as judges, was heavily criticized as inconsistent with unification of court system. One of the most important results of the reform was wide introduction of
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a signific ...
s. The jury trial included three professional judges and twelve jurors. A juror had to possess real estate of a certain value. Unlike in modern jury trials, jurors not only could decide whether the defendant was guilty or not guilty but also could decide that the defendant was guilty but not to be punished, as Alexander II believed that
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
without
morality Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of con ...
is wrong. The sentence was rendered by professional judges. Unlike trials with estate of the realm representatives who could also sit in upper courts, jury trials were held only on the level of district court. Most liberals praised introduction of jury trials-a few intellectuals criticized them. Two examples of such critics can be seen in
Leo Tolstoy Count Lev Nikolayevich TolstoyTolstoy pronounced his first name as , which corresponds to the romanization ''Lyov''. () (; russian: link=no, Лев Николаевич Толстой,In Tolstoy's day, his name was written as in pre-refor ...
's ''
Resurrection Resurrection or anastasis is the concept of coming back to life after death. In a number of religions, a dying-and-rising god is a deity which dies and is resurrected. Reincarnation is a similar process hypothesized by other religions, whi ...
'' and
Fyodor Dostoyevsky Fyodor Mikhailovich Dostoevsky (, ; rus, Фёдор Михайлович Достоевский, Fyódor Mikháylovich Dostoyévskiy, p=ˈfʲɵdər mʲɪˈxajləvʲɪdʑ dəstɐˈjefskʲɪj, a=ru-Dostoevsky.ogg, links=yes; 11 November 18219 ...
's ''
The Brothers Karamazov ''The Brothers Karamazov'' (russian: Братья Карамазовы, ''Brat'ya Karamazovy'', ), also translated as ''The Karamazov Brothers'', is the last novel by Russian author Fyodor Dostoevsky. Dostoevsky spent nearly two years writing ' ...
''. In 1878, the revolutionary
Vera Zasulich Vera Ivanovna Zasulich (russian: link=no, Ве́ра Ива́новна Засу́лич; – 8 May 1919) was a Russian socialist activist, Menshevik writer and revolutionary. Radical beginnings Zasulich was born in Mikhaylovka, in the Smo ...
failed to assassinate
St. Petersburg Saint Petersburg ( rus, links=no, Санкт-Петербург, a=Ru-Sankt Peterburg Leningrad Petrograd Piter.ogg, r=Sankt-Peterburg, p=ˈsankt pʲɪtʲɪrˈburk), formerly known as Petrograd (1914–1924) and later Leningrad (1924–1991), i ...
Governor-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
Fyodor Trepov, who had ordered a political prisoner to be flogged. Even though it was obvious that Zasulich was guilty, the jury acquitted her completely. The verdict of the jury was based not on the law but on their feeling of injustice committed by Trepov, a case of jury nullification. Judicial chambers were courts of appeal for cases heard in district courts. They also had original jurisdiction in certain high crimes (usually if the offender was an official). Each judicial chamber covered several guberniyas. Judges were also appointed by the tsar. The highest court was the Senate. It included the Department of Cassation in civil cases and Department of Cassation in criminal cases. They heard appeals brought on cases heard in lower courts. The Department of Cassation, in criminal cases, was also the court of first instance for the most serious crimes. In 1877, within the Senate, the Disciplinary Commission for judges was established. The Regulations also provided for an extraordinary Supreme Criminal Court. It was convened if a serious crime was committed by highest officials or for an assassination attempt on the tsar or his relatives.


Local judicial settlements

The Regulations provided for establishment of local courts with justices of the peace, who were supposed to deal with minor offences and could not impose a sentence over one year of imprisonment. Each justice of the peace was supposed to serve in a circuit, one
uyezd An uezd (also spelled uyezd; rus, уе́зд, p=ʊˈjest), or povit in a Ukrainian context ( uk, повіт), or Kreis in Baltic-German context, was a type of administrative subdivision of the Grand Duchy of Moscow, the Russian Empire, and the ea ...
comprising several circuits. They were elected for three years by zemstvas. However, in many areas, there were not enough candidates who could 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 Moscow ( , US chiefly ; rus, links=no, Москва, r=Moskva, p=mɐskˈva, a=Москва.ogg) is the capital and largest city of Russia. The city stands on the Moskva River in Central Russia, with a population estimated at 13.0 millio ...
and
St. Petersburg Saint Petersburg ( rus, links=no, Санкт-Петербург, a=Ru-Sankt Peterburg Leningrad Petrograd Piter.ogg, r=Sankt-Peterburg, p=ˈsankt pʲɪtʲɪrˈburk), formerly known as Petrograd (1914–1924) and later Leningrad (1924–1991), i ...
. The powers of justices of the peace were vested in local executive authorities. They were restored in 1912, but the monarchy was already about to collapse. Regulations Concerning Peasants Leaving Serf Dependence (''Положения о крестьянах выходящих из крепостной зависимости'') provided for creation of '' volost' courts'' to deal with minor offences committed by the peasants. Judges in such courts were local peasants who had to be literate and not have convictions. They were elected for three years by electors elected by the peasants themselves. Appeals on decisions rendered by volost' courts were lodged to ''upper rural courts'', which consisted of chairmen of local volost' courts. The sentence rendered by an upper rural court had to be supervised either by the justice of the peace or (if none) by local authorities.


Court-martial

Courts martial existed separately from other courts. The system of courts martial was listed in Court-Martial Regulations 1867. According to it, minor crimes were dealt with in regiment court. The judges were officers appointed by the head of the regiment. In order to enforce the decision, consent of the head of the regiment was required. Grave crimes and appeals were dealt with in district courts martial. The highest instance was the Supreme Court-Martial. The members of the Supreme Court-Martial were appointed by the tsar.


Improvement of the criminal trial

Before the reform, parties in the criminal trial did not have equal rights. The defendant had no legal counsel (legal assistance and legal representation were allowed in civil cases only). There was no distinction between trial in the court and both investigation and trial conducted by police. The judicial reform instituted the modern criminal trial based on the principle of equality of the parties. The defendant was allowed to have legal representation. The defence was now able to search for or provide evidence to the court, and the court itself ceased to perform investigative functions. Its only task was to decide which party presented more convincing evidence. Introduction of jury trial rapidly increased acquittals. The trial, in all courts except for the Senate, was now public.


Institution of the bar association

Prior to 1864, there was no
bar association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to sepa ...
. There were
scrivener A scrivener (or scribe) was a person who could read and write or who wrote letters to court and legal documents. Scriveners were people who made their living by writing or copying written material. This usually indicated secretarial and admi ...
s (''стряпчии''), who did not have to satisfy any requirements and had very limited powers. The aim of the bar (russian: Корпорация присяжных поверенных;
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law a ...
: ''присяжный поверенный'') was to guarantee that each defendant would have access to qualified legal assistance. Also, one of the tasks of the bar was to give free legal advice to the poor. The bar was an independent corporation which had its own administration in each guberniya (Council of Barristers – ''Совет присяжных поверенных''), which dealt with various organizational matters, imposed various disciplinary penalties on its members (expulsion was common). In 1874 their powers were transferred to local courts, and the independence of the bar was reduced. The new regulations enumerated the requirements for barristers, and the association could refuse entry into the bar without reason. William Pomeranz, . "'Profession or Estate'? The Case of the Russian Pre-Revolutionary 'Advokatura'." ''Slavonic and East European Review'' (1999): 240-268.


See also

* Reform movement#Russia 1860s *
Alexander II of Russia Alexander II ( rus, Алекса́ндр II Никола́евич, Aleksándr II Nikoláyevich, p=ɐlʲɪˈksandr ftɐˈroj nʲɪkɐˈlajɪvʲɪtɕ; 29 April 181813 March 1881) was Emperor of Russia, King of Poland and Grand Duke of Finlan ...
*
Emancipation reform of 1861 The emancipation reform of 1861 in Russia, also known as the Edict of Emancipation of Russia, (russian: Крестьянская реформа 1861 года, translit=Krestyanskaya reforma 1861 goda – "peasants' reform of 1861") was the first ...
*
History of Russia (1855–92) The history of Russia begins with the histories of the East Slavs. The traditional start-date of specifically Russian history is the establishment of the Rus' state in the north in 862, ruled by Varangians. Staraya Ladoga and Novgorod beca ...


Notes


Further reading

{{See also, Bibliography of Russian history (1613–1917) * Bhat, Girish Narayan. ''Trial by jury in the reign of Alexander II: a study in the legal culture of late imperial Russia, 1864-1881'' (U of California, Berkeley, 1995). * Eklof, Ben, John Bushnell, and Larisa Georgievna Zakharova, eds. ''Russia's great reforms, 1855-1881'' (Indiana University Press, 1994). * Lincoln, W. Bruce. ''The great reforms: Autocracy, bureaucracy, and the politics of change in imperial Russia.'' (Northern Illinois UP, 1990) pp 105 to 117. * McCoubrey, H. "The reform of the Russian legal system under Alexander II." ''Culture, Theory and Critique'' 24.1 (1980): 115-130. * Solomon, Peter H. ed. ''Reforming Justice in Russia, 1864-1994: Power, Culture and the Limits of Legal Order'' (1996) * Wagner, William G. "Tsarist legal policies at the end of the nineteenth century: A study in inconsistencies." ''Slavonic and East European Review'' 54.3 (1976): 371-394.
Online
Government of the Russian Empire 1864 in law Law in the Russian Empire 1864 in the Russian Empire Law reform in Russia Reform in Russia Alexander II of Russia