Election of magistrates as a preventive measure their possible deviant behavior: critical analysis of the legal tradition

Abstract

The article examines the electability of justices of the peace, which is regarded as a cross-cutting value maxim of the justice of the peace since 1864 and is positioned as a basic component. Clarification of the degree of influence of the election of judges on the prevention of deviant behavior of individual holders of judicial power is carried out using the methodology of historical and legal analysis of the legal terms of the Judicial Statutes of the Russian Empire of November 20, 1864 and extrapolation of their results in the Russian Federation. The monoconceptual vision of elections as a procedure for granting judicial powers to candidates for justices of the peace of the XIX - early XX century is supplemented by the authors’ argument, according to which this procedure was in fact a five-stage technology for completing judicial posts by appointment. The decision on the personalities from the list of candidates compiled by the leader of the nobility and approved by the governor was taken by vote. But voting itself is not an election.