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Prosecutor in the Stages of Criminal Process in the Russian Empire before the Judicial Reform of 1864 (Legal Status, Activity and Reform Doctrine)
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Prosecutor in the Stages of Criminal Process in the Russian Empire before the Judicial Reform of 1864 (Legal Status, Activity and Reform Doctrine)
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.107
Publication type
Article
Status
Published
Authors
Vasily Gorbachev 
ORCID: 0000-0001-8632-8768
Occupation: Lawyer
Affiliation: Donetsk Regional Bar Association
Address: Donetsk, Donetsk People’s Republic
Edition
Volume 27 No. 9
Pages
104-116
Abstract

To understand the nature of the changes that occur as a result of any reform, i t is important to analyze the pre-reform orders. In this regard, when studying the transformations of the Prosecutorʼs Office of the Russian Empire, which were an integral part of the judicial reform of 1864, it is relevant to study the functions of the prosecutor’s office in the pre-reform period, especially in the criminal process, in which the greatest changes occurred later during the reform.

The purpose of the article is to characterize not only the legal status, but also the actual role of the prosecutor in criminal process in the Russian Empire during the period immediately preceding the judicial reform of 1864, as well as to identify the tendencies of doctrinal transformation of the role of the prosecutor’s office in criminal proceedings.

The research is based on the historical-legal method. Formal-legal and hermeneutic methods were used to clarify the legal status of prosecutors. And structural-functional, praxeological and statistical methods were used to characterize the practical activities of the prosecutorʼs office.

The article describes the legal status of prosecutors in the pre-reform period and shows that in court they performed only a supervisory function. The forms of prosecutorial supervision over the order of proceedings in the courts and the Senate, as well as the legality of their decisions, are considered. The results of the practical activities of the prosecutorʼs office are determined. The changes of pre-reform doctrinal views on the role of the prosecutor in the criminal process are analyzed. Conclusions are drawn about the limitations of the prosecutorsʼ powers in the pre-reform period, about the formalism of their participation in the consideration of cases in court, about their passivity at the stage of reviewing judicial decisions and about the liberal transformation of the government doctrine of reforming the powers of the prosecutorʼs office in the criminal process. The previously dominant conservative view was overcome in the early 1860s, and the liberal approach became predominant, which assigned to the prosecutor’s office the function of accusation that had previously been absent from it. It was this approach that was the basis of judicial reform.

Keywords
Prosecutorʼs Office, chief-prosecutor, prosecutor, criminal process, judicial reform of 1864, prosecutor’s supervision, prosecution, court, protest, Governing Senate
Date of publication
20.09.2023
Number of purchasers
12
Views
92
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0.0 (0 votes)
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Additional sources and materials

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