俄罗斯帝国法官养恤金的规定

Sergey A. Toropkin
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摘要

介绍。养恤金的规定是确保法官独立和公正原则得以实施的制度之一。现代司法机构改革应充分借鉴国家和非国家养老金制度创建和发展的历史经验。通过对专制的俄罗斯养老金法律关系起源的分析,我们可以理解现代法官离职后提供制度的本质和目的,也可以为整个养老金制度正在进行的变革提供科学依据。理论基础。方法。本研究的目的是找出专制俄罗斯司法人员养老机构创建和发展的模式和因素。为了实现这一目标,本文研究了以下任务:分析17世纪至20世纪初俄罗斯法官国家养老金机构产生和转型的原因,研究俄罗斯帝国司法部的退休养老金制度,以及其他非国家提供养老金的方法,确定特定时期司法人员养老金的功能特征。在研究过程中,运用了辩证的科学认识方法,从这一观点出发,综合考虑了养老金制度改革及其相关法律规范与社会政治生活其他现象的发展、相互关系和相互作用。一般的科学方法(分析、综合、演绎、归纳、类比、系统结构、功能等)和具体的科学方法(形式法、比较法、文献学)都是以辩证方法为基础的。结果。研究结果得出以下结论:作为法官离职后经费的一种形式的养恤金制度逐渐取代了作为服务奖励的膳食和地产制度。从君主个人一次性任命养老金开始,养老金制度逐渐覆盖所有公务员。与此同时,在独裁统治下,不仅法官可以领取年资养老金,法院机构的其他雇员也可以领取。在俄罗斯帝国司法部的退休基金以及荣誉公务员慈善委员会成立之后,出现了对司法人员的额外养恤金保障。在专制的俄罗斯,养老金具有广泛的功能,包括激励长期的诚实服务和防止腐败行为。讨论与结论。俄罗斯的国家养恤金规定一直是吸引最有才华的律师到法院工作的其他法律激励制度中的一个重要因素。在所有形式的法官物质保障中,养恤金是最有利于法官良心服务的,因为它是一种奖励,只有通过长期忠诚的服务才能实现这一目标。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Pension Provision for Judges in the Russian Empire
Introduction. Pension provision is one of the institutions which ensure the implementation of the principle of independence and impartiality of judges. The reform of the modern judicial institutions should take into account the accumulated historical experience of creating and developing both state and non-state pension mechanisms. The analysis of the genesis of pension legal relations in autocratic Russia allows us to understand the essence and purpose of modern institutions of post-service provision for judges, as well as to obtain a scientific basis for the ongoing transformations of the pension system as a whole. Theoretical Basis. Methods. The purpose of the research is to identify patterns and factors of creation and development of pension institutions for judicial employees in autocratic Russia. To achieve this goal, the following tasks were investigated: an analysis of the causes of the emergence and transformation of state pension institutions for Russian judges in the period from the XVII to the beginning of the XX centuries, the study of the system of emerital pensions of the Ministry of Justice of the Russian Empire, other non-state methods of pension provision, and the determination of functional characteristics of pensions of judicial employees in the specified period. In the course of the research a dialectical method of scientific knowledge was used, from the standpoint of which the reforms of the pension system and related legal norms were considered comprehensively, in development, interrelation and interaction with other phenomena of social and political life. General scientific (analysis, synthesis, deduction, induction, analogy, system- structural, functional, etc.) and specific scientific (formal-legal, comparative law, philological) methods were based on the dialectical method. Results. As a result of the research, the following conclusions were made: the pension system as a form of post-service provision for judges gradually replaced the system of feedings and estates as the rewards for service. Starting with one-time appointments of pensions personally by the monarch, the pension system gradually began to cover all civil servants. At the same time, seniority pensions in the autocracy could be received not only by judges, but also by other employees of the court apparatus. Additional pension guarantees for judicial employees appeared after the creation of the emerital Fund of the Ministry of Justice of the Russian Empire, as well as The Committee for the Charity of Honoured Civil Servants. Pensions in autocratic Russia had a broad function, including stimulating long-term honest service and preventing corrupt behavior. Discussion and Conclusion. State pension provision in Russia has always been an important element in the system of other legal incentives attracting the most talented lawyers to work in the courts. Of all forms of material security for judges, pension provision is the most conducive to conscientious public service of a judge as it is a kind of reward, a goal which can only be achieved through a long period of faithful service.
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