Vereschagina, A.V. Means of limiting independency of the judicial power in the pre-Revolution legislation

Abstract: The article is devoted to the history of legislation on the judicial system in the second half of XIX and early XX centuries. The Judicial Charters of November 20, 1864 have formed an independent judicial power in Russia. The later legislation has corrected the institutions guaranteeing the independence of judicial power, independence of judges them being bound by law and law alone. The author made a conclusion that a system of legislative guarantees of independence of the judicial power, as provided for in the Judicial Charters was a good one. This conclusion is supported by the changes in the post-Reform legislation on the judicial system. The publication contains analysis of the means for the correction of independence of the judicial power, which allowed to adapt the democratic model of criminal justice to the Russian statehood of late XIX century, which was mostly a feudal one. Much attention is paid to the provisions on guarantees of independence of judicial power, such as impermissibility of exemptions from the judicial competence, judicial competence, impermissibility of provision of the judicial functions to the executive bodies and formation of the ad hoc courts.

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