Проблемы реализации судебной реформы 1864 г. и вопросы типологии судебной системы Российской Империи

Abstract

The article is devoted to the implementation of the judicial reform after the adoption of the Judicial Charters of 1864. Attention is paid to the study of problems in the preparation and implementation of the reform in time and space, which consisted of subjective and objective factors. Subjective factors are determined through a different understanding of the groups participating in these processes, the issues of reforming the judiciary. Objective factors are determined through an analysis of the status of state entities that are part of the Russian Empire. The identified problems in the spread of state and legal institutions led to the fact that the authorities were forced to abandon the policy of unification of the entire judicial system of the Russian state and carry out reforms taking into account the specifics of the regions. The author analyzes the research carried out in the scientific literature in determining both the criteria for the typology of the judicial system of the Russian Empire, and the types of judicial systems identified. Recognizing the value of the research, the author critically comprehends the proposed typologies and proposes his own view of this issue. This applies not only to the allocation of individual territories that differ in the way the reform is implemented, but also to subsequent changes. Since the implementation of the judicial reform in the Russian Empire took place from 1866 to 1899, the author concludes that the judicial system did not remain unchanged and it is necessary to consider it as a dynamic system, to conduct its research in statics and dynamics.