Judicial reform of 1864 is characterized as a result of the crisis in Russian society.The defeat in the Crimean War in 1856, formed the background to create a revolutionary situation.Assessing the situation in the country, Alexander II understands the need for reforms in the country.Judicial reform in 1864 changed the feudal system in the country.This was significant progress in the development of Russian society.
pre-reform judicial structure is characterized by confusion, complexity of procedural requirements, a lack of lawyers, jurors, a large number of bodies, red tape, bribery, bureaucracy.
In feudal Russia at that time was dominated uzkososlovnaya court system, a direct dependence on the administration.Numerous and various court differed inquisitorial character of the process, which was based on a formal theory of evidence.Judicial reform in 1864 brought significant changes in the structure.
transformations reflected the interests of the bourgeoisie - a class that needed strengthening its position.This can be achieved only by means of the adjustment it was, albeit formal, all before the court.Same way, the judicial reform of 1864 maintained the foundations of bourgeois legality.Conversion manifested primarily in the administration of the legal profession, attracting jurors reorganization prosecutors.The changes suggested and a new organization of the courts and the judicial process.
form an effective and original system.Judicial statutes in 1864 contributed to the development of this structure.Thus, the new system has two subsystems, which brings together the supreme body - the Senate.The structure consisted of global and general courts, these branches, in turn, included the bodies of special jurisdiction (commercial, municipal, military and others), which provides for the formation of other legislation.
Judicial reform in 1864 contributed to the creation of the system of general courts.By First Instance attributed the district authorities.Each county establishes the Court for consideration of criminal and civil cases, which are not included in the scope of the jurisdiction of justices of the peace.
At the same time, in the process of transformation has been formed a new system of law enforcement.
The state was formed, so new insight and understanding of justice and the rule of law.
legal regulations in pre-revolutionary Russia was called the laws approved in 1864, 20 November:
- law court of justice to transfer power to the Congress of Judges, the district, the dispensation of the world, the House and Senate.
- Charter of the penalties imposed by magistrates' courts.This Code defines crimes against the political and social order, order management, and more.These offenses were isolated from "The Code Corrections and criminal penalties."
- law of criminal procedure.Criminal Procedure Code defines the competence of the review of relevant cases.In addition, the law establishes the procedure of production in the world and the common units, general provisions.On the basis of the Code determines the main stage of the criminal process.
- Charter of Civil Procedure.Code of Civil Procedure varied case management in public authorities and the judicial and administrative, the world's installed.
As a result of the reforms has changed not only the judicial structure.It was formed new, bourgeois-democratic principles of process that requires competitiveness, publicity, orality.Create some bodies produced with the electoral system.It was formed also rather clear structure of the courts.
