Article
Article name The Estate of Assistants to Jurymen in the Social Structure of the Russian Empire in the Second Half of the 19th Century
Authors Musinova T.N. Graduate Student, lyndina.tamara@yandex.ru
Bibliographic description Musinova T. N. The Estate of Assistants to Jurymen in the Social Structure of the Russian Empire in the Second Half of the 19th Century // Humanitarian Vector. 2020. Vol. 15, No. 3. PP. 120–126. DOI: 10.21209/1996-7853-2020-15-3-120-126.
Section Social history
UDK 93/94
DOI 10.21209/1996-7853-2020-15-3-120-126
Article type
Annotation The article characterizes the little-studied moment of the formation of the new estate after the judicial reform of 1864. After the judicial reform, there were major changes in the defense system. Attorneys at law appeared who defended people according to a special certificate issued by the court. Within them there was a layer of people involved in paper work. However, the legislator in the judicial statutes did not provide for the existence of such assistants for jurymen. However, with their appearance, there was a serious need for legal consolidation of their legal status. The basis of the article was the Case of the Department of the Ministry of Justice of the Legislative Branch “On the formation of the estate as an assistant to the attorneys at law ”. These provisions are stored in the funds of the Russian State Historical Archive (RGIA). This article discusses the conditions under which the formation of a new estate in the legal circles of St. Petersburg. This estate of assistants to the jury had their rights and obligations. It is shown what problems the new estate faced after the judicial reform. According to the judicial charters of 1864, a special class of assistants to the jury was not created. They contained only an indication of the possibility of such a status, namely, in article 354 of the judicial statutes it was said that jurors may be persons “engaged in judicial practice under the guidance of the jury as assistants”. A significant number of articles are devoted to the life of assistants to jury attorneys in imperial Russia, at the same time, the regional aspect of the problem is not sufficiently developed, and the study of the estate of assistants to jury attorneys is only beginning. We show that the topic deserves further scientific research, since the assistants to the jury of the half of the 19th century represented a large professional group and were included in various modernization processes, being one of the driving forces and the product of a new trial. Attempts and possibilities of researching the question of assistants to the jury were studied. The author of the article made a conclusion on some important problems that the assistants to the jury encountered, i. e. uncertain status, constant monitoring by the Council and the jury, lack of career growth and independence. The problems of the history of jurors on the territory of St. Petersburg require further study.
Key words judicial statutes 1864, assistants to the attorneys at law , new estate, legal education, control by attorneys at law , St. Petersburg
Article information
References 1. Bekkali, X. On the formation of the institution of the bar in Russia (1864–1917). Bulletin of the TSU. Economic and legal sciences, no. 1, pp. 193–202, 2008. (In Rus.) 2. Blagodeteleva, E. D. Corporation of jurors in the second half of the XIX ‒ early XX centuries: the institutional aspect of formation. Teacher of the XXI century, no. 3, рp. 259–262, 2010. (In Rus.) 3. Vil’skiy. On the advantage of the estate organizationю Journal of Civil and Criminal Law, no. 1, рp. 69–71, 1891. (In Rus.) 4. Il’ina, T. N. The role of jury attorneys in the administration of justice in magistrates’ courts in Russia in the second half of the 19th and early 20th centuries. World judge, no. 2, pp. 5, 2010. (In Rus.) 5. Il’ina, T. N. Formation and development of training methods for assistants to jurors in the Russian Empire. Law and State: Theory and Practice, no. 5, pp. 119–123, 2010. (In Rus.) 6. Il’ina, T. N. The legal framework for the training of personnel reserve for the justice system in Russia in 1864–1917: historical and legal research. Cand. sci. diss. Moscow, 2011. (In Rus.) 7. Klauczan, N. G. Formation of the Institute of Assistant Jury Attorneys in Russia. Bulletin of the Vladimir Law Institute, no. 4, pp. 149–156, 2012. (In Rus.) 8. Kuksin, I. N., Il`ina, T. N. Institute of assistants to jury attorneys as a personnel reserve of the Russian pre-revolutionary advocacy, the second half of the XIX ‒ the beginning of the XX century. Bulletin of Moscow City Pedagogical University. Series Jurisprudence. no. 2, pp. 45–55, 2012. (In Rus.) 9. Lomnitskiy, C. Yu. Forgotten estate: notes on the status of the estate of assistants to the sworn attorneys. Odessa: Tip. E. I. Fesenko, 1890. (In Rus.) 10. Ly’ndina, T. N. The role of the judicial charters of 1864 in the formation of the Russian legal profession. Young researcher: challenges and prospects: Sat. Art. based on the materials of the LXVI International scientific-practical conference Young researcher: challenges and prospects. M: Internauka, 2018: 139–143. (In Rus.) 11. Nevskiy, S. A. Assistant jurors in the Russian Empire. Law practice, no. 6, pp. 43–44, 2003. (In Rus.) 12. Ragulin, A. V. Legal status of an assistant to a sworn solicitor: retrospective analysis. Scientific works of the Russian Academy of Advocacy and Notaries, no. 2, pp. 15–25, 2017. (In Rus.) 13. Rubinstein, D. V. The role of the institution of assistants to jury attorneys in the history of the Russian legal profession. Bulletin of the Peoples’ Friendship University of Russia. Russian history, no. 1, pp. 58–68, 2015. (In Rus.) 14. Shreiber, N. Establishment of judicial institutions. S.-Pb: Senat. Tip, 1910. (In Rus.) 15. Pomerantz, W. “Profession or fortune”? The Case of the Russian Pre-Revolutionary “Advocacy.” Slavic and East European Review. 1999. Pp. 240–268. (In Engl.)
Full articleThe Estate of Assistants to Jurymen in the Social Structure of the Russian Empire in the Second Half of the 19th Century
0
27