Judicial reform of Alexander II

The judicial reform of Alexander II is generally considered one of the most successful and consistent of all his reforms (along with the military reform). A completely new court system and order of legal proceedings were established. The main results were the introduction of a unified judicial system instead of a cumbersome set of estates of the realm courts, and fundamental changes in criminal trials. The latter included the establishment of the principle of equality of the parties involved, the introduction of public hearings, the jury trial, and a professional advocate that had never existed in Russia. However, there were also problems, as certain obsolete institutions were not covered by the reform. Also, the reform was hindered by extrajudicial punishment, introduced on a widespread scale during the reigns of his successors – Alexander III and Nicholas II.^[1]^[2]^[3]

The judicial reforms started on 20 November 1864, when the tsar signed the decree which enforced four Regulations (Establishment of Judicial Settlements, Regulations of Civil Proceedings, Regulations of Criminal Proceedings, and Regulations of Punishments Imposed by Justices of the Peace).

^ Wortman, Richard (2005). "Russian monarchy and the rule of law: New considerations of the court reform of 1864". Kritika: Explorations in Russian and Eurasian History. 6 (1): 145–170. doi:10.1515/9781618118547-004. ISBN 9781618118547. S2CID 243309132.
^ Riasanovsky, Nicholas V. (1984). A History of Russia (4th ed.). Oxford University Press. p. 377. ISBN 978-0-19-503361-8 – via Internet Archive. The reform of the judiciary which was largely the work of the Minister of Justice Dmitry Zamyatin, his extremely important assistant Serge Zarudny, and several other enlightened officials, proved to be the most successful of the 'great reforms'. Almost overnight it transformed the Russian judiciary from one of the worst to one of the best in the civilized world. / Later the government tried on occasion to influence judges for political reasons, and, what is more important, in its struggle against radicalism and revolution it began to withdraw whole categories of legal eases from the normal procedure of 1864 and to subject them to various forms of the courts martial. But, while the reform of the judiciary could be restricted in application, it could not be undone by the imperial government, and, as far as the reform extended, modem justice replaced arbitrariness and confusion. Russian legal reform followed Western, especially French, models, but, as Kucherov and others have demonstrated, these models were skillfully adapted to Russian needs It might be added that the courts, as well as the zemstvo institutions, acquired political significance, for they served as centers of public interest and enjoyed a somewhat greater freedom of expression than was generally allowed in Russia.
^ Vernadsky, George (1969). "Chapter 10: The Russian Empire in the Second Half of the 19th Century". A History of Russia (6th rev. ed.). New Haven: Yale University Press. p. 221. ISBN 0-300-00247-5. Retrieved 2023-03-13 – via Google Books. Of no less significance was the judicial reform of 1864, of which Serge Zarudny was the chief promoter. Its basic points were the improvement of court procedure, introduction of the jury system and justices of the peace, and the organization of lawyers into a formal bar. The new courts proved equitable and efficient, and in this respect Russia could be compared favorably with the most progressive European countries. ... Most of the characteristics created by the reforms of Alexander II lasted until 1905, and some until 1917.

[1] Wortman, Richard (2005). "Russian monarchy and the rule of law: New considerations of the court reform of 1864". Kritika: Explorations in Russian and Eurasian History. 6 (1): 145–170. doi:10.1515/9781618118547-004. ISBN 9781618118547. S2CID 243309132.

[2] Riasanovsky, Nicholas V. (1984). A History of Russia (4th ed.). Oxford University Press. p. 377. ISBN 978-0-19-503361-8 – via Internet Archive. The reform of the judiciary which was largely the work of the Minister of Justice Dmitry Zamyatin, his extremely important assistant Serge Zarudny, and several other enlightened officials, proved to be the most successful of the 'great reforms'. Almost overnight it transformed the Russian judiciary from one of the worst to one of the best in the civilized world. / Later the government tried on occasion to influence judges for political reasons, and, what is more important, in its struggle against radicalism and revolution it began to withdraw whole categories of legal eases from the normal procedure of 1864 and to subject them to various forms of the courts martial. But, while the reform of the judiciary could be restricted in application, it could not be undone by the imperial government, and, as far as the reform extended, modem justice replaced arbitrariness and confusion. Russian legal reform followed Western, especially French, models, but, as Kucherov and others have demonstrated, these models were skillfully adapted to Russian needs It might be added that the courts, as well as the zemstvo institutions, acquired political significance, for they served as centers of public interest and enjoyed a somewhat greater freedom of expression than was generally allowed in Russia.

[3] Vernadsky, George (1969). "Chapter 10: The Russian Empire in the Second Half of the 19th Century". A History of Russia (6th rev. ed.). New Haven: Yale University Press. p. 221. ISBN 0-300-00247-5. Retrieved 2023-03-13 – via Google Books. Of no less significance was the judicial reform of 1864, of which Serge Zarudny was the chief promoter. Its basic points were the improvement of court procedure, introduction of the jury system and justices of the peace, and the organization of lawyers into a formal bar. The new courts proved equitable and efficient, and in this respect Russia could be compared favorably with the most progressive European countries. ... Most of the characteristics created by the reforms of Alexander II lasted until 1905, and some until 1917.

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