DOI: 10.7256/2454-0706.2016.7.13547

Abstract: The subject of this research is the state policy on correction of legislation in the area of judicial independence of the state (crown and peace) courts during 1905-1917. Analysis is conducted on the normative legal acts that regulate the organizational legal (irremovability of judges and special order of prosecution, incompatibility of posts, independence of court from the branches of administrative power) and social law guarantees of independence (high salaries) of judges of state courts in the aforementioned period, as well as the evolution of views of the legislator in their development and enactment. The author concludes that the Revolution events of 1905 I the subsequent modernization of the political system of the Russian Empire required yet another correction in the mechanism of guarantees of independence of judges. Analysis of the legislation, normative acts and legal practice allows the author to argue the established thesis on the attempt of the government to decisively end the independence of judges. It is substantiated that the legislation of this period was characterized by the conscious refusal of the government to limit the most important guarantees, clarification of some of them (incompatibility of posts due to realization of the norms of the October 17, 1905 Manifesto on formation of political parties) and certain expansion of the ties with the judicial reform of 1912.

DOI: 10.7256/2454-0706.2016.7.42669

Abstract: The subject of this research is the state policy on correction of legislation in the area of judicial independence of the state (crown and peace) courts during 1905-1917. Analysis is conducted on the normative legal acts that regulate the organizational legal (irremovability of judges and special order of prosecution, incompatibility of posts, independence of court from the branches of administrative power) and social law guarantees of independence (high salaries) of judges of state courts in the aforementioned period, as well as the evolution of views of the legislator in their development and enactment. The author concludes that the Revolution events of 1905 I the subsequent modernization of the political system of the Russian Empire required yet another correction in the mechanism of guarantees of independence of judges. Analysis of the legislation, normative acts and legal practice allows the author to argue the established thesis on the attempt of the government to decisively end the independence of judges. It is substantiated that the legislation of this period was characterized by the conscious refusal of the government to limit the most important guarantees, clarification of some of them (incompatibility of posts due to realization of the norms of the October 17, 1905 Manifesto on formation of political parties) and certain expansion of the ties with the judicial reform of 1912.

DOI: 10.7256/2409-868X.2016.5.20718

Abstract: The subject of this research is the normative regulation of judges’ affiliation with political parties due to ensuring the judicial independence. Throughout the three period of development of the Russian state (pre-revolutionary, Soviet, and post-Soviet), the article examines the relation of government to membership of the judges in political parties, as well as provides statistical data on this matter. The author attempted to conduct a comprehensive research, which allows tracing the position of a legislator regarding the party status of the judges across the entire period of development of the Soviet state. The conclusion is made that during these periods of development of the Soviet state, when the government strived to establish an actually independent court, it strictly prohibited the membership of judges in political parties. Violation of such prohibition resulted in preliminary cancellation of the judiciary powers or even resignation.

DOI: 10.7256/2454-0706.2014.6.12293

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DOI: 10.7256/2306-420X.2014.6.13697

Abstract: As object of research the standards of the project of new edition of the Establishment of judicial establishments developed within functioning of Most highly founded commission for revision of statutes by judicial part (N. V. Muravyyov's Commissions) regulating the principle of an irremovability of judges act. In article specifics of legal regulation and practice of realization of the principle of an irremovability of judges at the beginning of the 1890th are considered, the course of discussions within work of the Commission on a question of standard fixing of the principle of an irremovability is lit, short stories of the project regarding legal regulation of the specified principle are analyzed. During research by the author the following methods of research were applied: chronological, historical and typological, comparative and legal, comparative-historical and others. In article the conclusion which settled in science that activity most high was directed to the founded commission for revision of statutes by judicial part on elimination of the principle of an irremovability is challenged; it is proved that updating of provisions of Judicial charters for elimination from the legislation of the mechanism of a nemenyaemost absolute, negatively affecting structure of the judicial case became a task of the Commission. The conclusion is drawn that the objective was solved only partially by reorganization of system of the bodies considering questions of the early termination of powers of judges without their soglasiyaa, and insignificant expansion of the bases for the early termination of powers.

DOI: 10.7256/2454-0706.2014.6.42473

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DOI: 10.7256/2454-0706.2014.2.10892

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DOI: 10.7256/2454-0706.2014.2.42407

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DOI: 10.7256/2454-0684.2013.1.7149

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