State policy in the field of the judiciary formation in Russia in the second half of the 19th – early 20th century

T. Il’ina
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Abstract

We study the mechanism of judiciary formation in Russia in the second half of the 19th – early 20th century. We consider the system of requirements for judges of crown and magistrates courts, their practical internship, as well as the procedures for selection and appointment to posts. Special attention is paid to the system of qualification, we consider the educational qualification, experience qualification, moral, property, age qualifications. We draw conclusion that the requirements for judges introduced in 1864 are consistent with the general principles of building the justice system in Russia in the post-reform period. On the other hand, we conclude that the judicial service has just begun to be separated from the general civil service, which has resulted in the extension to judges of individual claims of civil servants. On the basis of the normative legal acts of the second half of the 19th and early 20th century, as well as archival materials, we reconstruct the procedure of granting powers to magistrates and crown judges, and model the most typical judicial career. In general, we draw conclusion that the state policy is effective in the implementation of judicial statutes in the sphere of judiciary formation in Russia of the second half of the 19th – early 20th century.
19世纪下半叶至20世纪初俄罗斯司法领域的国家政策形成
本文研究了19世纪下半叶至20世纪初俄罗斯司法制度的形成机制。我们审议了对皇家法院和地方法院法官的要求制度,他们的实际实习,以及选择和任命职位的程序。特别关注资格制度,我们考虑了学历资格、经验资格、道德资格、财产资格、年龄资格。我们得出结论,1864年对法官的要求与改革后俄罗斯司法制度建设的一般原则是一致的。另一方面,我们的结论是,司法部门刚刚开始从一般公务员制度中分离出来,这导致公务员的个人索赔扩大到法官。我们以19世纪下半叶和20世纪初的规范性法律行为为基础,结合档案资料,重构了地方法官和王室法官的权力授予程序,并对最典型的司法生涯进行了建模。总的来说,我们得出的结论是,在19世纪下半叶至20世纪初的俄罗斯司法形成领域,国家政策对司法法规的实施是有效的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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