The influence of the Judicial reform of 1864 on the formation of the advocacy in Ukraine

Abstract

The article analyzes the impact of the Judicial Reform of 1864 on the establishment of the legal profession in Ukraine. It is noted that as of the middle of the 19th century. the decision to modernize the judicial system on the basis of effective Western judicial models was ripe in the environment of the official authorities. Although this initiative contradicted the foundations of the imperial autocracy, the judicial reform had a significant impact on the judicial system, procedural and material law of the state. First of all, this affected the separation of judicial power from legislative executive and administrative power. It is noted that the Judicial Reform of 1864 became a necessary element of total changes in the social and political system of that time. It occupied a prominent place in the history of the judiciary and the judicial system of the state, and its indisputable achievements were the equality of citizens before the law, the transparency and competitiveness of the judiciary, the immutability of judges and their independence from administrative officials, the introduction of competition in the judiciary and the creation of a system of magistrates’ courts. It is proven that the judicial reform, in addition to important democratic changes, included the creation of the legal profession, whose role in society was constantly growing. According to the idea of the initiators of the reform, the Institute of Advocacy was organized as an independent organization. This principle was manifested in the fact that in each district of the court chamber, lawyers were united in a single organization by its general meetings and the Council. It is noted that the control and supervision of the activities of lawyers was carried out by councils elected by lawyers from among themselves. Thanks to the creation of the management system of the lawyer corporation, it was possible to ensure the autonomy and independence of the legal profession from the bureaucratic apparatus. It is noted that with the establishment of the Institute of Advocacy in the Russian Empire, the official authorities sought, at least formally, to declare the foundations of equality and competition between the parties, to modernize the theory of formal evidence and the judicial process. In this way, it was planned to revive the judicial process and make it more complete and objective. This would provide an opportunity for a comprehensive consideration of the case by the judge, a more detailed insight into its essence, which would significantly affect the objectivity of justice.