Judicial reform of Alexander II

An 1850s caricature ridiculing the pre-reform court system

General judicial settlements included district courts, judicial chambers, and the Senate.[3]

Each district court covered several uyezds. Judges were nominated by the Minister of Justice and appointed by the tsar. A judge had to meet certain requirements, which included a length of service, an immaculate reputation, and a property qualification. There was no fixed tenure for district court judges.

The law provided that different cases depending on the gravity of the offence and on the difficulty of investigation were heard by different boards of judges. The board could include three judges, the judge and the jury or the judge and representatives of the estates. The introduction of representatives of the estates, who enjoyed the same rights as judges, was heavily criticized as inconsistent with unification of court system.

One of the most important results of the reform was wide introduction of jury trials. The jury trial included three professional judges and twelve jurors. A juror had to possess real estate of a certain value. Unlike in modern jury trials, jurors not only could decide whether the defendant was guilty or not guilty but also could decide that the defendant was guilty but not to be punished, as Alexander II believed that justice without morality is wrong. The sentence was rendered by professional judges.[4]

Unlike trials with estate of the realm representatives who could also sit in upper courts, jury trials were held only on the level of district court. Most liberals praised introduction of jury trials-a few intellectuals criticized them. Two examples of such critics can be seen in Leo Tolstoy's Resurrection and Fyodor Dostoyevsky's The Brothers Karamazov. In 1878, the revolutionary Vera Zasulich failed to assassinate St. Petersburg Governor-General Fyodor Trepov, who had ordered a political prisoner to be flogged. Even though it was obvious that Zasulich was guilty, the jury acquitted her completely. The verdict of the jury was based not on the law but on their feeling of injustice committed by Trepov, a case of jury nullification.

Judicial chambers were courts of appeal for cases heard in district courts. They also had original jurisdiction in certain high crimes (usually if the offender was an official). Each judicial chamber covered several guberniyas. Judges were also appointed by the tsar.

The highest court was the Senate. It included the Department of Cassation in civil cases and Department of Cassation in criminal cases. They heard appeals brought on cases heard in lower courts. The Department of Cassation, in criminal cases, was also the court of first instance for the most serious crimes. In 1877, within the Senate, the Disciplinary Commission for judges was established.

The Regulations also provided for an extraordinary Supreme Criminal Court. It was convened if a serious crime was committed by highest officials or for an assassination attempt on the tsar or his relatives.

The Regulations provided for establishment of local courts with justices of the peace, who were supposed to deal with minor offences and could not impose a sentence over one year of imprisonment. Each justice of the peace was supposed to serve in a circuit, one uyezd comprising several circuits. They were elected for three years by zemstvas. However, in many areas, there were not enough candidates who could meet the requirements for election. In other areas local authorities hindered the process of election. In several Western regions justices of the peace eventually were appointed by the Minister of Justice. In 1889, the whole institution was abolished everywhere except for Moscow and St. Petersburg. The powers of justices of the peace were vested in local executive authorities. They were restored in 1912, but the monarchy was already about to collapse.

Regulations Concerning Peasants Leaving Serf Dependence (Положения о крестьянах выходящих из крепостной зависимости) provided for creation of volost' courts to deal with minor offences committed by the peasants. Judges in such courts were local peasants who had to be literate and not have convictions. They were elected for three years by electors elected by the peasants themselves. Appeals on decisions rendered by volost' courts were lodged to upper rural courts, which consisted of chairmen of local volost' courts. The sentence rendered by an upper rural court had to be supervised either by the justice of the peace or (if none) by local authorities.

Courts martial existed separately from other courts. The system of courts martial was listed in Court-Martial Regulations 1867. According to it, minor crimes were dealt with in regiment court. The judges were officers appointed by the head of the regiment. In order to enforce the decision, consent of the head of the regiment was required. Grave crimes and appeals were dealt with in district courts martial. The highest instance was the Supreme Court-Martial. The members of the Supreme Court-Martial were appointed by the tsar.[5]