SOCIO-LEGAL ASPECTS OF JUSTICE STATUS IN INTERWAR POLAND (1918−1939)

Abstract

The main condition for establishment and development of independent polish justice was the independence of Poland in November 1918. It was complicated as Poland lost its independence a century ago and was the part of the three empires (The Tsar Poland, so called the West land – Volyn, Polissya and westukrainian lands were the part of the Tsar Russia; Halychyna was the part of Austrian Empire; Empire Gogentzolernys-other polish territories). Each of these territories inherited correspondent judicial system and variety corporations of judges which were the carriers of different traditions and principals. That’s why the most painful question, which arrised before polish power was the problem of judges’ staff for the polish courts. The most necessary fact that defined the formation and the activity of the judges’ corpus was the development and adoption of the legislature. March Constitution 1921 was one of the important stage in the formation and functioning of the judicial system, which defined the legal status of the judges in the first years of renewed Polish Republic. The Constitution carried the legal guarantees of the judges’ corpus independence from the executive power. However, after the state upheaval 1926, which opened the way to authoritarian regime establishment in Poland. Polish power tried to limit the independence of judges. In the law «About the organization of general courts» 1928, one could see the statements which restricted the independence of the judges. Judges’ corpus found itself dependent from the high executive power. In the following years this Law was changed accordingly to the needs of the power, which became too authoritarian. The power wanted to strengthen its influence both on the staff of the judicial power and on their general guidance. These changes concerned first of all the judges’ independence, particularly the questions connected with the appointment and transmission of the judges to another work, judges’ competence. The April Constitution 1935 created the conditions for most of judges from the executive power: the freedom in the government activities grew as to the procedure of the judges’ appointments; the basis of the collective nature in the judges’ sentencing was essentially limited; the judges’ immunity was narrowed. Thus, the factors, which reflected socio-political struggle in country influenced on the formation and activity of the judges’ corpus. The choice of the judges according to the character and power needs acquired the independent meaning. The main content and the realization of the justice were manifested in the judges’ activities as agents of the certain policy. The quality of the judges’ staff was influenced the objective factors too. That considered the material position of the judges, problems in the system of the judges’ staff etc.