Features Of Civil Process Under The Charter Of Civil Procedure Of 1864

Abstract

There is a process of reforming of the civil and procedural legislation in Ukraine at this moment. Due to the adoption of the new Law of Ukraine «About judicial system and the status of judges» there is a need for modification of the Civil Procedural code of Ukraine. At the moment there is a phase of active discussion of the project of such changes. In this context, according to the author's opinion, it is useful to take into account a historical tradition of formation of civil procedure in Ukraine (in particular, the civil and procedural legislation on the ukrainian lands during the period XIX-XX centuries.

In the article the author analyzes features of civil process on the ukrainian lands as a part of the Russian Empire during the period XIX - XX centuries. The author pays considerable attention to the analysis of the main basic document of civil process of that time - the Charter of civil legal proceedings of 1864.

The main accent is given to such legal institutes as proof, the arbitration court, land's court, the judgment in the article.

In 1861, a Committee chaired by Butkov was created by the decision of the Council of State to prepare judicial reform (including civil proceedings).

Legal statutes were developed, approved by Emperor Alexander II on November 20, 1864. At the same time he signed a decree to bring legal regulations to the public. In imperial decree there was stated that the task of judicial reform is to «set the court faster, equal for all persons, bring judicial power to some level of its appropriate autonomy».

Any case could be transferred to arbitration, except: 1) cases concerning the benefit of minors; 2) cases related to the interests of state-owned enterprises; 3) rights in some way related to the fact of committing a criminal act or offense (Art. 1368).

Civil procedural law on the Ukrainian lands was characterized with a high level of elaboration. From the standpoint of analysis of some institutions of civil procedural protection of civil rights and interests the code was elaborated at a high level, not worse than the protection provided by modern civil procedural institutions.