Formation and development of legal regulation of procedural relations in Russia from the X to the beginning of the XX century:sources of law, periodization

Abstract

The article is devoted to the formation and development of a system of sources of law that regulated judicial proceedings in Russia during the X beginning of the XX century. The author’s periodization of the forms of legal regulation of the Russian process is proposed. It is established that the legal formalization of procedural relations goes through several stages, starting from regulation through disparate norms and ending with procedural codes. At the first stage, regulation is decentralized, procedural norms are dispersed in the texts of different sources of law and mixed with substantive law prescriptions. At the second stage, the stage of “polarized” law, procedural norms are concentrated mainly in the normative acts of the state, for example, Sudebniki, supplemented by the norms of other acts and sources of law. But as before, procedural prescriptions were mixed with substantive law in these acts. The third stage is the stage of centralized legal regulation. At the third stage, the regulation of procedural relations is completely monopolized by the legislator. Targeted procedural acts were adopted, for example, “A brief image of the processes or lawsuits” of 1715. The final, fourth stage is characterized by the adoption of codified procedural acts, in particular, “Laws on Judicial proceedings and civil penalties” and “Laws on Judicial Proceedings in cases of crimes and Misdemeanors”, which were included in the Code of Laws of the Russian Empire, and since 1864 — independent Civil Proceedings and Criminal Proceedings Charters.