Supreme Courts of the Right-Bank Ukraine (1797-1831) Traditions of the Polish and Lithuanian Commonwealth and Imperial Expertise

Abstract

The purpose of the research is predetermined by studying the process of establishment and the organization principles of supreme courts operation, performing auditing and appeal functions in the Right-Bank Ukraine. One of primary goals of the article is to establish the verge of concessions and compromises the Russian officials were ready to reach in the judicial sphere in order to regain the allegiance of the Polish nobility. The chronological and territorial borders of the research encompass territories of the former «kresy» in the period from the end of the ХVІІІ century till the first third of the ХІХ century.The methodology of the research is based on the principles of scientificity, objectivity, historicism, systematicity. In order to reach the stated goals, appealing to the comparative method the article provides an analysis of peculiarities of the Russian judicial system preserving elements of the legal expertise of the Polish-Lithuanian Commonwealth due to a sufficient imperfection of its own one. The historical-systemic, functional and historical-comparative methods provide for investigation of the supreme courts’ establishment and operation processes, illustration of situational flexibility of the supreme powers in meeting requirements of the local elite. The article analyses the efficiency level of the judicial authority activity and its assessment by the Russian powers, local officials and the Polish nobility. The scientific novelty is attained by studying the stages of establishment and organization of the supreme courts’ operation in the process of developing the relationship between the Russian Empire and the former «kresy» in the context of adapting judicial systems. There are certain facts of situative flexibility of the supreme powers in the judicial sphere allowing to minimize the social and political tension in the region, provided in the article.Conclusions. Re-establishment of the first-instance courts, the Polish language and the Third Statute of the Grand Duchy of Lithuania by Paul I became a sufficient reason to reach consent in the relationship between the Polish szlachta and the Russian authorities. The central administration held a flexible policy in the judicial sphere to ensure allegiance of the local Polish elite, which both conciliated the local nobility with the Russian leadership and preserved power over the serfs. The Empire’s intention was to make corrections in the judicial system operation in order to minimize the social and political tension by means of establishing governorate supreme courts. The Polish elite comprised the vast majority in the courts’ staffing. However, a head and three chairmen, chosen by the szlachta to each department for a three-year term, were to be approved by the power and controlled by the appointed advisors and secretaries. The requirements of the Polish noblemen in secondary issues, namely bilingualism, judicial proceedings and providing vacations, were satisfied, though the governorate judicial system was subordinated to the supreme courts. For successful operation of the system, if needed, there were additional temporary departments created. Providing peace was the main marker of the domestic policy success, the judicial system being on the right way. However, the central power policy in the region was changed after the November Uprising of the 1830–1831.