The Judicial Reform of 1864 in Russia

The judicial reform of 1864 is characterized as the result of a crisis in Russian society. Defeat in the Crimean War in 1856 formed the prerequisites for creating a revolutionary situation. Assessing what is happening in the country, Alexander II understands the need to carry out reforms in the country. The judicial reform of 1864 changed the feudal system in the state. This has become a significant progress in the development of Russian society.

Pre-reform judicial structure is characterized by entanglement, complexity of procedural requirements, lack of advocacy, jury, a large number of bodies, red tape, bribery, bureaucracy.

In feudal Russia at that time the narrow system of the court dominated, direct dependence on the administration. Numerous and varied instances were distinguished by the inquisitional nature of the conduct of the process, which was based on a formal and evidence-based theory. Judicial reform of 1864 brought significant changes to this structure.

Transformations reflected the interests of the bourgeoisie - a class that needed to consolidate its position. This could be achieved only through equalization, albeit formal, of all before the court. Thus, the judicial reform of 1864 asserted the basis of bourgeois legality. Transformations were manifested primarily in the introduction of the bar, the involvement of juries, the reorganization of the prosecutor's office. The changes suggested a new organization of instances and the trial itself .

An effective and original system was formed. The judicial statutes of 1864 contributed to the development of this structure. So, the new system had two subsystems, which were united by a higher body - the Senate. The structure included world and general courts, these branches, in turn, included bodies of special jurisdiction (commercial, volost, military and others), the formation of which provided for other legislative acts.

Judicial reform of 1864 contributed to the creation of a system of common courts. To the first instance were the district bodies. In each district, a court was established to deal with criminal as well as civil cases that were not within the jurisdiction of the magistrates.

Along with this, in the process of transformation, a new system was established in law enforcement agencies.

Thus, a new view and understanding of justice and legality was formed in the state.

Judicial statutes in pre-revolutionary Russia called the laws approved in 1864, November 20:

1. The law of judicial institutions transferred power to congresses of judges, district, world organizations, chambers and the Senate.
2. Charter of the punishments imposed by the world courts. This code defined crimes against the political and social system, the order of government and others. These offenses were singled out from the "Code of Corrective and Criminal Punishment".
3. Law of Criminal Justice. The Code of Criminal Procedure defined the competence of bodies to review relevant cases. In addition, the law established the procedure for production in the world and general devices, general provisions. Based on the code, the main stages of the criminal process were also determined .
4. Statute on civil proceedings. The Civil Procedure Code differed in the conduct of the case in general bodies and in judicial and administrative, world institutions.

As a result of the reforms, not only the judicial structure has changed. New, bourgeois-democratic principles of conducting the processes were formed, presupposing competition, publicity, and oralism. The creation of certain organs was carried out using an elective system. A sufficiently clear structure of the courts was also formed.