Sources of law about participation public authorities in civil procedure (on the second half of the XIX century)

Abstract

The scientific article is devoted to a research and allocation of sources of legal regulation of participation of public authorities in civil legal proceedings on the example of the second half of ХІХ of a century.

The author specified that problems of legal regulation of civil process, in aspect of participation of public authorities of the studied period it is expedient to consider taking into account the analysis of the main sources of procedural law and it is established that to 1906 any command of the emperor issued as appropriate by the Senate was considered as the law. In practice, obviously, the order of lawmaking was the return ‒ the decision of the senate acquired by law forces after the obligatory approval by the emperor.

It is proved that laws which, however, carried different names as the strict system of terminology and classification acts it was not established, for example were the main source of procedural law of the Russian Empire: charters, regulations, institutions, decrees and so forth.

During all studied period, the plurality of forms of regulations remained that in many respects defined by such feature of state system as plurality of bodies of the Supreme management. Features of their acceptance defined the nature of legal acts that were sources of procedural and other law, in many respects.

In the course of judicial reform of 1864, the judicial system of the Russian Empire underwent cardinal high quality and structural changes. The country received new court: public, competitive, with legal profession and jurors and an opportunity to participate public authorities. Such changes also contributed to the active development of the Civil and procedural legislation on more democratic option.

During the studied period, the law considered as the main source of the right. Respectively, when reforming civil process new precepts of law were enshrined in legislative sources among which the main place taken by the charter of civil legal proceedings of 1864. Reforming of the civil procedural legislation of the Russian Empire in the second half of the 19th century became natural to the fact, the caused existence of certain prerequisites and development of the domestic right.