Preface to the adoption of judicial statutes and preparation for judicial reform in 1864

  • L.T. Prystash
Keywords: autocracy, jurisdiction, judiciary, justice, institutions


The scientific article deals with the preconditions for the adoption of judicial statutes and the judicial reform of 1864, which was aimed at creating the rule of law and strengthening its institutions. The goals set for society led to progressive changes in both social and societal significance.
The period of the XIX century. was important in the history of the Russian Empire, which then included most of Ukraine. It was at this time that the need arose to reform many areas, including the judiciary and the judiciary. All the reforms of the period 1860-1870, were the result of a crisis of n society and the entire feudal system. In Ukraine, this crisis had a number of features: the strengthening of the Polish national liberation movement on the Right Bank of Ukraine after the Crimean War of 1853-1856 significantly influenced the decision of the tsarist government to abolish serfdom and judicial reform.
Various elements of state power and autocracy until the middle of the XIX century. became unusable, but among the organs of the state apparatus in the most neglected state was the judiciary.
Not only the judiciary but also the judiciary was in decline. The problem of the judiciary was the mixture of judicial and administrative power. The pre-reform court was characterized by a plurality of judicial institutions, complexity and complexity of procedural requirements. Because of this, cases were often transferred from one court to another, often returning to the first instance, from where they were again transferred to higher instances.
The judicial system, which existed at that time, with its principles of status, the presence of many instances, the characteristic ignorance of judges in cases, bureaucratic monopoly in public administration, could not guarantee and ensure proper legal protection of personal and property rights.
One of the directions of development of social, democratic and sovereign Ukraine is the establishment of an integrated system of reliable state protection of human rights and freedoms, civil and national interests. Today is a difficult stage for the state to reform the judiciary, which requires both systemic changes to the Constitution of Ukraine and relevant legislation.

Theoretical, comparative, historical principles of legal regulation