Year: 2024
Type: article
Abstract: The article examines the principles of criminal justice according to the judicial reform of 1864. It is claimed that the judicial reform is based on the democratic principles of the judiciary, built on the basis of Western European legislation, taking into account the local characteristics of that time. In this connection, the principles of orality, openness, competitive justice, preliminary investigation in criminal crimes, presumption of innocence, guarantee of the accused's rights to defense, participation in the lawyer's process, constancy and independence of judges, equality of all before the law are highlighted. It is emphasized that the reform introduced a universal court and the institute of jurors in district courts. At the same time, the bar was founded, the prosecutor's office was reorganized, which was freed from the functions of general supervision and concentrated on work in court. An elected magistrate's court was established to consider minor cases, and an institute of judicial investigators was created, which was declared independent of the police. It is noted that court statutes have introduced a qualitatively new outlook on the role of an individual in court. In their essence, they clearly laid down the idea of a legal personality, and not a person in need of guardianship. In fact, the accused, the plaintiff and the defendant were already active participants in the legal process. They possessed a wide range of independent rights, which the court was obliged to respect. It is noted that the principles of criminal procedure were enshrined in the Statute of Criminal Procedure. Consideration of criminal cases was envisaged in magistrates' courts and in the system of general courts. The magistrate considered minor criminal cases. To consider cases that were beyond the jurisdiction of magistrates' courts, general courts were created, which consisted of two judicial instances: a district court - one in a judicial district that included several counties, and a judicial chamber that operated within one or more provinces and regions connected a certain number of judicial districts. The Supreme Court of Cassation for all local and general courts was the Senate. It is noted that the announced reform of the judiciary, although by its very nature, contradicted the foundations of autocracy, however, it fundamentally changed the judicial system, procedural and partially material law in the state.
Source: Legal Bulletin
Author: О.О. Гаряга
Institution: KROK University
Language: Ukrainian
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404967534