VIEWS OF ILYA SHRAG ON THE JUSTICE SYSTEM IN UKRAINIAN LANDS AFTER THE JUDICIAL REFORM OF 1864

V. Skomorovskyi, T. Kinzerska
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Abstract

The article examines the views of the famous Ukrainian lawyer, public and socio-political figure Ilya Shrag on the justice system in Ukrainian lands after the Judicial Reform of 1864. It is noted that by the middle of the 19th century,radical changes were observed in the social and political life of the Russian Empire. The central government announced a series of reforms, including peasant, military, urban, zemstvo, and judicial reforms. It is claimed that such a need has been ripe for a long time and it has repeatedly become the subject of discussion in the highest echelons of the imperial power. Among the proposed reforms, the Judicial Reform of 1864 was the most consistent and complete. It must be stated that the relevance of the transformation of the judicial system was clearly visible in the conditions of social and political life, since the current justice system did not correspond to the peculiarities of the life of that time. The current system was not perfect, and this was repeatedly proven by judicial practice. In addition, insufficient legal qualifications of judges and bribery were observed, courts decided cases by considering only written investigation materials. It is emphasized that the analysis of the functioning of judicial institutions on the territory of Ukrainian lands occupies an important place in the creative heritage of I. Shrag. It is noted that the scientist's legal profession allowed him to investigate in detail the peculiarities of the functioning of judicial institutions, taking into account those socio-political and legal factors that significantly influenced, and often determined, the principles of the functioning of judicial institutions. It is noted that as a professional lawyer with extensive practical experience, the researcher followed in detail the functioning of the courts after their reformation during the reign of Tsar Alexander II. It is claimed that, based on the application of comparative analysis, the scientist was able to trace the peculiarities of the functioning of judicial institutions after the Judicial Reform of 1864 and up to the period of counter-reforms in the judicial sphere proclaimed by the autocracy at the end of the 19th century.
1864年司法改革后,伊利亚对乌克兰土地上的司法制度看法不一
本文考察了乌克兰著名律师、公众和社会政治人物伊利亚·什拉格(Ilya Shrag)对1864年司法改革后乌克兰土地上司法制度的看法。值得注意的是,到19世纪中叶,俄罗斯帝国的社会和政治生活发生了根本性的变化。中央政府宣布了一系列改革,包括农民、军队、城市、地方自治政府和司法改革。据称,这种需求早已成熟,并一再成为皇权最高层讨论的主题。在提出的改革中,1864年的司法改革是最一致和完整的。必须指出,司法制度改革的相关性在社会和政治生活条件中是明显可见的,因为目前的司法制度不符合当时生活的特点。现行制度并不完善,司法实践一再证明了这一点。此外,法官的法律资格不足和贿赂现象也存在,法院只考虑书面调查材料来判决案件。需要强调的是,对乌克兰领土上司法机构运作的分析在斯拉克的创造性遗产中占有重要地位。委员会指出,科学家的法律职业使他能够详细调查司法机构运作的特点,同时考虑到那些对司法机构的运作原则产生重大影响并往往决定其运作原则的社会政治和法律因素。值得注意的是,作为具有丰富实践经验的专业律师,研究者详细跟踪了沙皇亚历山大二世统治时期法院改革后的运作情况。据称,在运用比较分析的基础上,这位科学家能够追溯自1864年司法改革以来直至19世纪末专制政府在司法领域宣布的反改革时期的司法机构运作的特点。
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