The formation of the judiciary independence in the Russian Empire (18th century — mid-19th century)

The paper, based on an analysis of the legislative acts of the Russian State, considers the historical and legal problem of the formation of an independent court as a separate branch of government in the system of the state apparatus of the Russian Empire and as the principle of ensuring the rule of law in the administration of justice. The period from the 18th century. until the first half of the 19th century. became key in the development of the judicial system of Russia, covering three significant stages, each of which introduced new procedures and principles that contribute to the improvement of justice. The first stage (the beginning of the 18th century — the third quarter of the 18th century) was characterized by the reforms aimed at separating judicial functions into a separate branch of government, which allowed the judicial system to become more independent from other elements of state power. This separation was an important step towards the formation of the principle of separation of powers that was necessary to ensure justice and legality. The second stage (the end of the 18th century — the first quarter of the 19th century) was marked by the formation of the fundamental principles of the image of an independent judiciary. The judicial system, based on the principles of legality, electability and humanism, has become an integral part of the State. At the third stage (the second quarter — the middle of the 19th century), an important aspect of the transformation was the emergence of specialized tribunals. Those changes also affected broader aspects of the judicial system aimed at strengthening its independence and effectiveness. The historical path traveled by the judicial system of the Russian Empire to independence in the 18th century — the middle of the 19th century laid the foundations for further changes in the country’s legal system, which ultimately contributed to the formation of a more humane and fairer judiciary. Elements of continuity of legislation found their way into the judicial reform of 1864.

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