The magistrate courts system in Irkutsk governorate in 1897-1917

Автор: Tsykunov Grigory Alexandrovich, Michaelis Dmitry Vladimirovich

Журнал: Социально-экономический и гуманитарный журнал Красноярского ГАУ @social-kgau

Рубрика: История

Статья в выпуске: 2 (24), 2022 года.

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The paper examines the judicial system of the Russian Empire in the pre-reform period, which demonstrated the interference of administrative power in the judicial process. The necessity of introducing new principles of the judiciary and legal proceedings is substantiated, the role of M.M. Speransky in the practical justification of judicial reform in Russia is noted. When analyzing the new system of the judiciary, the place and goals of the Magistrates' Courts, indicated in the legislative acts of the Russian state, are determined. The study highlights the features of the institution of magistrates in Siberia, caused by the territorial remoteness of the region, the specifics of local government, and the national composition of the population. Particular attention is paid to such features as the appointment of justices of the peace. It is relevant to raise the issue of requirements for applicants for the position of justice of the peace, when legal experience and work experience in the field of justice were more important for a justice of the peace than the presence of a legal education. The work reveals errors in the professional activities of justices of the peace related to the organization of their activities, low level of education. The conducted comparative analysis shows that the magistrate in the Irkutsk province in his activities covered a larger area than in the central provinces. The presence of such a problem is confirmed by a number of specific examples from the activities of justices of the peace in the province. There is also such a feature in the conduct of judicial reform in Siberia as the refusal to create congresses of justices of the peace as an appellate instance for justice of the peace courts. A generalized conclusion is made that the magistrate’s courts in Siberia turned out to be the closest to the population and contributed to the fastest consideration of court cases.

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Russian empire, siberia, irkutsk province, judicial reform, magistrate's court, features

Короткий адрес: https://sciup.org/140294714

IDR: 140294714   |   DOI: 10.36718/2500-1825-2022-2-245-258

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