The judicial reform of 1864 is characterized as a result of the crisis in Russian society. The defeat in the Crimean War in 1856 formed the prerequisites for creating a revolutionary situation. Assessing what is happening in the country, Alexander II understands the need for reforms in the country. The judicial reform of 1864 changed the feudal system in the state. This was a significant progress in the development of Russian society.
The pre-reform judicial structure is characterized by complexity, complexity of procedural requirements, lack of legal profession, jurors, a large number of bodies, red tape, bribery, and bureaucracy.
In serf Russia at that time, the narrow -court system dominated , a direct dependence on the administration. Numerous and diverse instances differed in the inquisitional nature of the process, which was based on a formal-evidence theory. The judicial reform of 1864 brought significant changes to this structure.
The transformations reflected the interests of the bourgeoisie - a class that needed to strengthen its position. This could only be achieved by equalizing, albeit formal, everyone before the court. Thus, the judicial reform of 1864 affirmed the foundations of bourgeois legality. The transformations were manifested primarily in the introduction of the legal profession, the jury, the reorganization of the prosecutor's office. The changes also involved a new organization of instances and the trial itself .
An effective and original system was formed. The judicial statutes of 1864 contributed to the development of this structure. So, the new system had two subsystems, which were united by the highest body - the Senate. The structure included world and general courts, these branches, in turn, included special jurisdictions (commercial, volost, military and others), the formation of which was provided for by other legislative acts.
The judicial reform of 1864 contributed to the creation of a system of general courts. The district authorities were referred to the first instance. In each district, a court was established to consider criminal as well as civil cases that were not within the jurisdiction of magistrates.
Along with this, in the process of transformation, a new system was formed in law enforcement agencies.
Thus, a new understanding and understanding of justice and the rule of law was formed in the state.
The judicial statutes in pre-revolutionary Russia were the laws approved in 1864 on November 20:
- Law of judicial institutions transferred power to congresses of judges, district, world dispensations, chambers and the Senate.
- Charter on punishments imposed by world courts. This code defines crimes against the political and social system, the order of government and other things. These offenses were highlighted in the Code of Correctional and Criminal Sentences.
- Criminal Law Act . The Code of Criminal Procedure determined the competence of the authorities to review relevant cases. In addition, the law established the production order in global and general devices, general provisions. Based on the code, the main stages of the criminal process were determined .
- Charter on civil proceedings. The Code of Civil Procedure distinguished the conduct of business in general bodies and in judicial administrative, world institutions.
As a result of the reforms, not only the judicial structure has changed. New bourgeois-democratic principles of conducting processes were formed, which presupposed competitiveness, transparency, and orality. The creation of some organs was carried out using an elective system. A fairly clear court structure was also formed.