ПОГЛЯДИ ІЛЛІ ШРАГА НА СИСТЕМУ ПРАВОСУДДЯ В УКРАЇНСЬКИХ ЗЕМЛЯХ ПІСЛЯ СУДОВОЇ РЕФОРМИ 1864р

Abstract

The article examines the views of the famous Ukrainian lawyer, public and socio-political figure Ilya Shrag on the justice system in Ukrainian lands after the Judicial Reform of 1864. It is noted that by the middle of the 19th century,radical changes were observed in the social and political life of the Russian Empire. The central government announced a series of reforms, including peasant, military, urban, zemstvo, and judicial reforms. It is claimed that such a need has been ripe for a long time and it has repeatedly become the subject of discussion in the highest echelons of the imperial power. Among the proposed reforms, the Judicial Reform of 1864 was the most consistent and complete. It must be stated that the relevance of the transformation of the judicial system was clearly visible in the conditions of social and political life, since the current justice system did not correspond to the peculiarities of the life of that time. The current system was not perfect, and this was repeatedly proven by judicial practice. In addition, insufficient legal qualifications of judges and bribery were observed, courts decided cases by considering only written investigation materials. It is emphasized that the analysis of the functioning of judicial institutions on the territory of Ukrainian lands occupies an important place in the creative heritage of I. Shrag. It is noted that the scientist's legal profession allowed him to investigate in detail the peculiarities of the functioning of judicial institutions, taking into account those socio-political and legal factors that significantly influenced, and often determined, the principles of the functioning of judicial institutions. It is noted that as a professional lawyer with extensive practical experience, the researcher followed in detail the functioning of the courts after their reformation during the reign of Tsar Alexander II. It is claimed that, based on the application of comparative analysis, the scientist was able to trace the peculiarities of the functioning of judicial institutions after the Judicial Reform of 1864 and up to the period of counter-reforms in the judicial sphere proclaimed by the autocracy at the end of the 19th century.