Advocacy of the second half of XIX - early XX centuries
The Emperor Alexander II, 20 November 1864 signed a law establishing the legal regulations. Judicial reform was one of the most significant reforms in a series of 60-70s. Introduced vowel adversarial trial by jury, the prosecution and defense. Alexander II had been approved by the judicial statutes of the Russian Empire: The Charter of Civil Procedure and the Charter of the criminal proceedings. For them in Russia were introduced two systems of judicial institutions: the courts of the elected judges - district courts, and judicial chambers.
World Court (in the counties and cities) has been elected body and was intended to address minor criminal and civil cases. Court of appeal for all cases dealt with in magistrates' courts of the District of the world, was the Congress of the justices of the peace.
General judicial seats were designed to handle criminal and civil cases, beyond the competence of the magistrates' courts. They consisted of two courts: the district court - one in the judicial district includes several counties, and the appellate court, acting within the limits of one or more provinces and uniting a large number of judicial districts. The district court, the court of first instance, considered all criminal cases. The Trial Chamber was a court of first instance on political matters and appellate jurisdiction with respect to the District Courts. The Trial Chamber was also the supervisor for the district courts and world congresses.
By Art. 135 Institution court of justice a lawyer could be persons who have attained the age of 25 who have higher education and, in addition, five years of judicial practice as a clerk of court office or the assistant barrister. Of Art. 355 prohibited persons to be a lawyer: under 25 years of age, the foreigners in the service of the government or elections, dismissed from service by the court, as well as certain other circumstances.
Attorney, the number of those excluded from any Court of Justice, deprived of all rights to return to the profession on the whole territory of Russia. Schedules are excluded from the number of barristers centrally published and regularly distributed to all judicial chambers, county courts and justices of the peace congresses. Similarly, there were chambers and court, notifying lower courts to exclude a person from among barristers.
Barrister who took the post, kept rank obtained in the same service, and court titles. Claim to the title of barrister applied for the board of attorneys with necessary documents. The Council considered the request, then take a decision on acceptance or rejection of the candidate. A person taken to attorneys, received a certificate and then took the oath. He was then included in the special list of barristers, and a decision on its adoption published in the public.
Attorneys have the right: to civil cases in all judicial establishment without obtaining evidence of the right to petition for foreign affairs, be rewarded for doing business, provide the other pleadings in civil cases of paper without the mediation of the bailiffs, etc. Sworn attorney was required to list, which he was entrusted, and to submit it to the council or the district court upon request. Paragraph 4 of Art. 355 Constituent. Court. Const. pointed out that the title of barrister is incompatible with the actual service as a lawyer must be independent from the authorities.
The first request an application for admission to the attorneys was filed March 15, 1866 by former Solicitor of the St. Petersburg of the Commercial Court, PA Andreev. A little later the same petition filed by KK Arseniev, B. P. Gajewski, W. Spasovich, DV Stasov, VI Taneyev. April 17 in St. Petersburg were grand opening of new judicial institutions and the first Russian lawyers took up his duties. [1]
Judicial reform in 1864 drastically changed the entire justice system of the Russian Empire. Charters have introduced the principle of independence and tenure of judges, set the jurisdiction of the entire population without exception, was separated from the preliminary investigation as the police detective and the prosecutor's office, provided the adversarial legal process, all the same rights as the prosecution and defense. The core of the reform were the establishment of trial by jury and the creation of a free, separate from the State Bar.
Russia, while the semi-feudal country with deep-rooted into every pore of society feudal relations with the regime of unlimited absolute power, a country devoid of Parliament and the Constitution - suddenly gets a democratic, progressive form of organization of the judiciary. Widely grown famous Russian lawyers: Spasovich and Arseniev, Alexandrov and Andrew, and Urusov Karabchevsky, Gerard, and Borovikovsky, Passover, Gajewski, Plevako - a galaxy of speakers of the time trials.
Subscribe to:
Posts (Atom)
No comments:
Post a Comment