Ensuring the completeness of judicial power in criminal procedure under the judicial reform of 1864

Abstract

The article deals with the approaches to the definition and realization of authority of judiciary in Russian pre-revolutionary criminal procedural science. After the brief characteristic of the definition of authority of judiciary its implementation in judicial organization and criminal procedure is studied. It is shown that the authority of judiciary in judicial organization requires special subsidiary bodies of judiciary, that cooperate court in the accomplishment of its main power of the administration of justice. The problem of the authority of judiciary in the aspect of pre-revolutionary criminal procedure is examined regarding its stages. The attention is focused on the way with the help of which judiciary may control a criminal process from its beginning to an end. Particularly during an inquiry police forces were placed under control of Public prosecutor’s office, and at the same time public prosecutor was considered as a subsidiary body of judiciary. On the following stages of criminal procedure the judiciary represented by judicial investigator and court resolving a dispute played a leading role. A stage of committal proceedings differentiating subject to the crime under examination is separately discussed.

References

1. Butskovsky, N. (1867). On the Activities of Prosecutor’s Supervision Due to the Separation of Prosecutory Power from Judicial Power. St. Petersburg (in Russ.).
2. Vasiliev, O.L. (2017). Justice at the Pre-Trial Stages of Criminal Procedure in Russia. Moscow (in Russ.).
3. Viktorsky, S.I. (1997). Russian Criminal Procedure. Moscow (in Russ.).
4. Vladimirov, L.E. (2000). Theory of Criminal Evidence. Tula (in Russ.).
5. Danevsky, V. (1895). Our Preliminary Investigation, Its Shortcomings, and Reform. Moscow (in Russ.).
6. Dukhovskoy, M.V. (1910). Russian Criminal Procedure. Moscow (in Russ.).
7. Zhukov, G.K. (2021). Management of the Inquiry and Its Personal Conduct as a Form of Implementation of the Prosecutor’s Function of Criminal Prosecution in the Post-Reform Period of 1864–1917. Legality, 4, pp. 31–53 (in Russ.).
8. Koni, A.F. (2001). Methods and Tasks of the Prosecutor’s Office. In S. M., Kazantsev (Ed.). Pre-revolutionary Lawyers on the Prosecutor’s Office. St. Petersburg (in Russ.).
9. Perlov, I.D. (1948). Bringing to Court in Soviet Criminal Procedure. Moscow (in Russ.).
10. Poznyshev, S.V. (1913). Elementary Textbook of Russian Criminal Procedure. Moscow (in Russ.).
11. Popova, A.D. (2005). “Let Truth and Mercy Reign in the Courts” (From the History of the Implementation of the Judicial Reform of 1864). Ryazan (in Russ.).
12. Romanov, S.V. (2023). Concept of authority of judiciary in criminal procedure. Lomonosov Law Journal, 6, pp. 157–175 (in Russ.).
13. Spasovich, V.D. (2000). On the Theory of Criminal Evidence in Connection with the Judicial System and Legal Proceedings. Tula (in Russ.).
14. Strogovich, M.S. (1992). Commitment to Trial. Moscow (in Russ.).
15. Sheifer, S.A. (2020). Pre-trial Proceedings in Russia: Stages of Development of Investigative, Judicial, and Prosecutoral Authority. Moscow (in Russ.).