Activity of fleet ships on strengthening of the right in the portrait of the period (1867-1914)

Бесплатный доступ

The article is devoted to the study of problematic issues of reforming and functioning of regimental courts in the Russian Empire after the military-judicial reform, carried out in 1867. The author of the article gives a brief description of the scientific literature that reveals some questions of the functioning of the institute of regimental courts in the chronological period under consideration. An attempt was made to analyze the degree of influence on the activities of regimental courts of the “List of Omissions” published three times per year, issued by the order for the districts and systematic control of the military prosecutor's office. The article brie fly describes the provisions of the 1867 Military-Court Regulations on matters relating to the activities of regimental courts. Changes are revealed in the sphere of activity of regimental vessels in wartime. In particular, a brief analysis of the amended IV section of the military-judicial charter of 1867, enacted by the order of the Military Ministry No. 464 and entitled “On the court in time of war”, is given. The author made an attempt to analyze the existing order of consideration of cases in the regimental court, to characterize all the participants in the process, their rights and duties. As a result of the study, the author comes to an important conclusion that in the period from 1867-1917 in the imperial army, the regimental courts considered minor offenses of the lower ranks. The regimental courts, consisting of three officers appointed by the regiment commander, made it possible to narrow the gap between the measures of the disciplinary regulations and the forms of criminal responsibility, enabling the military command to take timely, concrete, decisive and expeditious measures against soldiers who, consciously, other violations of military discipline, disciplinary offenses and other minor offenses. Regimental courts allowed more effective and differentiated approach to every serviceman in matters of military discipline, thereby, in many ways preventing the commission of more serious offenses, to fulfill the principle of the inevitability of punishment to a greater extent.

Еще

Russian empire, post-reform period, sentence, regimental court, administration of justice, military-court order of 1867, commander of regiment

Короткий адрес: https://sciup.org/149124836

IDR: 149124836

Статья научная