Historical explanation of teleology and axiology of the Russian Procuratorate

Abstract

Considering the historical and legal prerequisites for the creation of the first independent supervisory institutions in Russia (the fiscal office and the procuratorate), today legal scholars accord their attention mainly to the need to monitor the implementation of written legislation arose in the XVIII century. At the same time, an equally important factor is often overlooked, which seems as made a considerable contribution to the historical decision on what exactly this supervisory institution should be. This article reveals the socio-legal context of the creation of the Russian procurator supervision. Historical and legal researches and archival documents as well as specific examples from the criminal chronicle demonstrate that there were systemic problems, such as open disrespect for the law, abuse of power and the predominance of personal predilections over public interest. These problems had influenced the decision of Peter the Great no less than the fact of the rapid development of formal legislation. The absence of an authority or official in the Russian state to whom ordinary man could turn for help and protection (including the absence of an independent court) even exacerbated these problems and urged the creation of Procurator-General’s office.