The Court of Ancient Russia, which used techniques of the so-called God's judgment (test water or a hot iron, the application of the "field" that is, an armed fight litigants), practically do without the bar, as the principle of personal appearance in court neukosnitelen, and the "judgment of God" requires Only the plaintiff and defendant, not counsel.
On the professional attorneys at the trial in Russia, according to a legislative monuments of the XV century. The best known evidence of ancient Novgorod on the right of any litigant in court to have an attorney. In Pskov Judicial Charter (1397-1467 gg.) The right to an attorney is not granted to all, and only women, children, monks and nuns, decrepit old and deaf. In the later monuments (Courtbook and the Code of Tsar Alexei Mikhailovich 1649) constantly refers to the hired attorneys. However, some indication of the professional organization of agents they contain.
By the middle of XVII century in Russia there were already hired attorneys estate, which the law styled lawyer. In 1775 Catherine II signed a decree "on the establishment of provinces," by which solicitors were assistants to the prosecutor and the defenders of state-owned. There are no requirements in the form of an educational or moral qualification to the attorney will be charged. Did not exist, and their internal organization.
In preparation for judicial reform in the legal profession has been used not only to the continental (European), but also available in Russia a century of experience in the legal profession in the western outskirts of the empire: in Lithuania and the Kingdom of Poland. The Polish Constitution of 1791 and regulations of the status of Lithuania demanded that the lawyer was a nobleman, had an estate, was not seen in any vice, and he knew the law. When you join the class counsel the candidate was required to take an oath. Young people are prepared for the profession under the supervision of experienced lawyers, who were responsible for students before the law. The inclusion of the advocates depended on the court, the supreme judicial and administrative authorities of the Kingdom of Poland.
Act of May 14, 1832 in Russia was created by Institute of Chartered solicitors. This was partly an attempt to organize the participation of representatives of the commercial judiciary courts. To practice in the commercial courts to only those persons who were listed as a jury lawyer. The list included candidates who have submitted certificates, track records and other evidence of their rank and behavior, which they acknowledge the right. The court brought them to the list or verbally declared the refusal without explanation.
It should be noted that the power in Russia in some periods of history treated with prejudice to the legal profession. There are, for example, the following statements by Russian monarchs. The sources for a visit by Peter I of England in 1698 reported that they visited Westminster Hall (the court), Peter saw a "legalistic", that is, lawyers in robes and wigs. He asked, "What kind of people and what are they doing here?" "It's all the lawyers, Your Majesty," - replied. "The lawyers? - Peter was astonished. - What are they? In all my realm there are only two lawyer, and I believe one of them to hang when I get home. " Catherine II had the same opinion: "The lawyers and prosecutors, I do not have to legislate laws and will not be as long as I live, and then I will follow my principles." In it, she was absolutely right, and the Emperor Nicholas I, with the same certainty say Prince Golitsyn, advocate for the introduction of the legal profession, "No, Prince, while I reign, Russia does not need lawyers. Live without them. "
By the mid-50s of the XIX century has formed the belief that the adversarial process is the only way to justice. A prerequisite for the introduction of the adversarial process was to be the establishment of estate attorneys. Introduction of judicial reforms promoted rapid economic growth in Russia, in 1861, caused by the release of the peasants, the beginning of railway construction, the emergence of joint stock companies and financial institutions.
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