Формирование профессиональной судейской корпорации в России (XVIII–XXI вв.)

Abstract

The article introduces a comprehensive analysis of professional judicial corporation in Russia in the XVIII–XXI centuries in its theoretical and historical aspects. The research objective was to clarify the concept and categories of judicial power, as well as to model the process of its development in Russia. The issue of professions and professional corporations as social phenomena is a matter of sociology. For lawyers, sociological studies are important in connection with the issue of judicial corporation development, i.e., its theoretical and historical development. The author relied on the structural and functional approach to the professionalization model developed by sociologist G. Vilensky, who interpreted the categories of judicial profession, judiciary, and judicial corporation. The authors revealed the directions in the development of the professional judicial corporation in Russia in the XVIII–XXI centuries and periodized this process. A separate and permanent judicial function determined the emergence of professional judiciary, organizationally represented by a professional judicial corporation. The profession of a judge is all these elements combined. The judicial corporation developed in Russia in three directions, i.e., normative, organizational, and symbolic, with a prominent regulatory influence of the state. The judicial profession and professional corporation started to develop in Russia during the judicial reforms in the XVIII century. This slow, nonlinear, and discrete process was completed as late as in the XXI century with all the necessary stages of professionalization: the professional corporation finally became the organization form of the Russian judiciary. The authors revealed five stages in the history of the professional judicial corporation in Russia: 1) XVIII century; 2) the first half of the XIX century; 3) 1864–1917; 4) 1917–1989; 5) 1989 – early XXI century.