Принципы гражданского процессуального законодательства России во второй половине XIX века

Abstract

Based on the positivist understanding of law principles, we analyze the legislation of the Russian Empire, which normatively enshrines the principles of civil procedural law. We substantiate the position that in the pre-revolutionary doctrine there were certain ideas about the principles of civil procedural legislation, however, a special analysis of normative acts with the aim of identifying them was not carried out. We highlight the features of pre-revolutionary scientists work – specialists in the field of civil procedural law, namely: theorization, reasoning about the principles of civil procedure “in general” as some universal ideas in isolation from the real analysis of the Charter of civil procedure, “inscribing” of Russian civil procedural law in the European context and as a consequence of this, the use of a wide range of foreign literature. Based on the analysis of the Charter of Civil Procedure of 1864 and the Nominative Decree given to the Senate “On the Establishment of Judicial Regulations and on the Judicial Charters” dated November 20, 1864, we substantiate and conclude that seven principles of civil procedural law were enshrined in the legislation of the Russian Empire: 1) principle of independence of judges; 2) principle of equality of all before the court; 3) adversarial principle; 4) principle of humanism; 5) principle of justice; 6) principle of publicity; 7) principle of speedy proceedings (principle of considering a case on the merits in no more than two instances).