Russian military justice in 1725-1812

Бесплатный доступ

This scientific article is devoted to the study of problematic issues of the functioning of the military-judiciary from 1725 (this year became the last year of the reign of Peter I) before the Patriotic War of 1812 (during which military courts already used updated legislation - "Institution for management of a large active army", which included the Field Criminal Code and the Statute of Field Proceedings). This brief description of the literature, which reveals some issues of the functioning of military courts during the period under consideration, is given. An attempt was made to analyze the normative sources that were the basis of the activity of military courts in Russia during the period under review, to analyze the procedure for examining cases in the military court, to describe the participants in the process, their rights and duties. The example of specific military-criminal proceedings shows the activity of military courts to maintain discipline and order of the troops. As a result of the study, the author concludes that the principles of the functioning of the military-judicial system, its forms and methods of its activity have not changed in any way compared with the Petr time. But in the beginning to the beginning of the 19th century there was a need to transform the already archaic military-judicial legislation, as Russia stood on the verge of a war, and the leading European countries advanced far ahead on these issues. Magnitsky's "Institution for managing a large active army", developed by the Magnitsky commission, was brief, the clarity of the wording of the articles of the law and fully corresponded to the emergency period, which facilitated its use during the period of the Patriotic War of 1812.

Еще

Code of conduct, military court, administration of justice, court sentence, military-criminal process

Короткий адрес: https://sciup.org/14951987

IDR: 14951987   |   DOI: 10.17748/2075-9908-2018-10-2/1-29-34

Статья научная