Borisova Elena Aleksandrovna

On 16 November 1848 Nicholas I wrote a resolution: “the statement of the reasons for the inordinate slowness with which this, so famous case is conducted, clearly exposes all the inconveniences and shortcomings of our judicial procedure”. These words became the cradle of the judicial reform of 1864. On 20 November 1864, the Judicial Statutes were approved, followed by the highest decree to the Governing Senate on the introduction of judicial reform in two districts — Moscow and St. Petersburg Court Chambers during 1866, and within four years from 1866 — in all provinces. Wishing to revive the idea of the time of the introduction of judicial reform and its pioneers, A. F. Koni prepared memoirs — sketches of those who developed the Judicial Statutes and those who put them into effect. A. F. Koni called the former fathers and the latter children of the Judicial Statutes. Reflecting the living link between generations, A. F. Koni emphasised the commonality of legal and ethical values in the administration of justice. True (fair) justice is a combination of legal and moral requirements in the practical service of a judicial officer. According to the commandment of the fathers and children of the Judicial Statutes, in the high cause of justice, the judicial officer “should be guided, along with the prescriptions of the positive law, by the unconditional and eternal requirements of the moral law”. In the twenty-first century, this precept retains its relevance. These and other questions are considered through the A. F. Koni’s views in this article.