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Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.39 N° 68
Enero
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2021
Recibo el 08/07/2020 Aceptado el 08/02/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 39, Nº 68 (Enero - Junio) 2021, 204-212
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Attorneys of the Volga region and the
Urals at the beginning of the judicial
reform of 1864
DOI: https://doi.org/10.46398/cuestpol.3968.11
Litvin Alexander Alterovich *
Cherkashina Vera Vitalievna **
Abstract
The process of training and development of the Bar Institute
at the beginning of the judicial reform of 1864 (Reshetnikova,
2014), dates to the government of Alexander II, on the example
of the Volga region and the Urals, discusses the main directions
and characteristics of the professional activity of lawyers in the
region. It is a documentary and historical study that pays special
attention to the formation of the Institute of Defense for a deeper
understanding of its essence and its inherent characteristics. Currently,
there is an objective need for a comprehensive and comprehensive study
of the history of the training and development of the Bar Institute. The
judicial system was divided into provincial and county. For the provincial
system were the Criminal Cases Chamber of the civil court, provincial court,
high provincial court, provincial magistrate, superior punishment; and for
county - County Court, lower district court. The results can be concluded
that the judicial system of the Russian Empire after the successful reform
established a powerful and independent Defense Institute. The judicial
reform of 1864 created a completely new professional group, which was
very important for the legal future of the Russian Empire.
Keywords: lawyers in the Urals; Institute of Defense; judicial reform;
Alexander II; judicial statute.
* Kazan Federal University. ORCID ID: http://orcid.org/0000-0003-2337-3304. Email: hist33rus@
yandex.ru
** Kazan Federal University. ORCID ID: https://orcid.org/0000-0002-8332-8890. Email: missis.
veravitalievna@yandex.ru
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CUESTIONES POLÍTICAS
Vol. 39 Nº 68 (Enero - Junio 2021): 204-212
Abogados de la región del Volga y los Urales al
comienzo de la reforma judicial de 1864
Resumen
El proceso de formación y desarrollo del Instituto de Abogados al
comienzo de la reforma judicial de 1864 (Reshetnikova, 2014), se remonta
al gobierno de Alejandro II, sobre el ejemplo de la región del Volga y los
Urales, se analizan las principales direcciones y características de la
actividad profesional de los abogados en la región. Se trata de un estudio
documental e histórico que presta especial atención a la formación del
Instituto de defensa para una comprensión más profunda de su esencia y
sus características inherentes. Actualmente, existe la necesidad objetiva de
un estudio integral y completo de la historia de la formación y desarrollo
del Instituto de Abogados. El sistema judicial se dividió en provincial y
condado. Para el sistema provincial estaban la Sala de Casos Penales Sala
del tribunal civil, tribunal provincial, alto tribunal provincial, magistrado
provincial, castigo superior; y para el Condado - Tribunal del Condado,
tribunal de distrito inferior. Los resultados obtenidos permiten concluir
que el sistema judicial del Imperio ruso después de la exitosa reforma
conguró un Instituto de defensa poderoso e independiente. La reforma
judicial de 1864 creó un grupo profesional completamente nuevo, que fue
muy importante para el futuro jurídico del Imperio ruso.
Palabras clave: abogados en los Urales; Instituto de defensa; reforma
judicial; Alejandro II; estatuto judicial.
Introduction
More than once in Russian history, the liberalization of politics set in
motion the reform of justice and law. Gorbachev’s openness and the process
of democratization in post-Soviet Russia saw lawyers struggle in Russia to
make their courts independent, powerful, and fair. The judicial reforms
that resulted from their efforts recalled the era of Great reforms and the
adoption by the tsarist leaders of the judicial reform of 1864 (Dorskaya,
2015), for which lawyers and ofcials fought for half a century. Seventy
years of Soviet power passed between these two eras of reform, during
which successive generations of Soviet leaders tried to shape the courts
and laws in accordance with their interests and visions. To a large extent,
they turned back the clock, erasing many of the achievements of the tsarist
judicial reform.
The judicial reform of Alexander II, announced on November 20, 1864,
in Russian historiography is considered the largest transformation on the
way of modernization of the Russian Empire (Savostyanova, 2013). The
206
Litvin Alexander Alterovich y Cherkashina Vera Vitalievna
Attorneys of the Volga region and the Urals at the beginning of the judicial reform of 1864
Central element of the reform is the introduction of the trial of jurors and
attorneys (lawyers). The main result of the reform of the judicial system
was to ensure the transparency, adversarial and wordless proceedings.
1. Methods
This article is written using a combination of methods: special-historical
and legal, so the study becomes interdisciplinary, conducted at the
intersection of legal and historical elds of scientic knowledge. Historical
methods have become prevalent, dening the guiding principles, nature,
and style of research. Historical-descriptive, historical-comparative,
historical-system are used. Special legal methods, such as historical-legal
and formal-legal, are also involved.
2. Results and Discussion
Despite the demand in society for such a legal institution as the bar, the
Russian state was in no hurry to adopt this direction to protect its citizens.
The formation and development of the bar as an independent branch of
the judicial system began with a great delay against the background of the
development of the whole state.
Legal protection in the sense in which we are accustomed to it, began
the path of its formation in ancient Russia. The main cell of society in those
days was considered a community (verv). It was her authoritative opinion
in disputes and accusations, which often occurred between its members,
that was recognized as an axiom. Therefore, the main defenders were
considered to be the elder of the family or the father of the family.
Over the long period of its existence, the Russian state has undergone
many transformations, including those in the authorities. Sufce it to recall
the reformatory activity of Peter I, thanks to the invincible energy, iron
will and outstanding talent of Russia in a relatively short time “lost” the
appearance of the Eastern state and closer to Europe, becoming a powerful
military power, which had to reckon with all its neighbors.
The withdrawal, made in the state and public image of Russia by Peter
I, was radical, bold, did not consider the mass opinion of the country
and its past. Peter’s reforms-independent, not prescribed from above,
the evolutionary movement of the then existing society, little changed,
but, indeed, political consciousness, morals and faith contributed to its
“modernization”. The reforms did not penetrate into the depth of the views
of the population, were not “imposed” on it, so they gave tangible results
only in the sphere of public life, which is amenable to external force. Many
of Peter’s legislative innovations have not been instilled at all, and a number
of novels, mainly under his successors, have been canceled or forgotten.
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The complete opposite in relation to their real meaning and inuence
on the life of society was represented by the state reforms (Berendts, 1915)
of Emperor Alexander II — the Tsar-Liberator. We can hardly be mistaken
in saying that in the history of mankind there are rarely such magnicent
examples of a radical but peaceful transformation of the state - along the
path of humanity, education and justice. No wonder this period in history
was called “ the Era of the great reforms of the reign of Alexander II” (Under
the editorship of M. Gernet, 1916).
The General negative attitude to the existing judicial system naturally
led to the idea of the need for judicial reform. At rst this idea was the
property of the few — the most enlightened and understood in the public
Affairs of men, but gradually it spread more and by the end of the fties of
the XIX century was the unanimous desire of many developed populations.
Awareness of the need for judicial reform was gradually spreading to
the institutions responsible for codifying the legislation in force at that
time. Count Bludov in 1843 demanded through the Minister of justice,
count Panin, to know the views of prosecutors and chairmen of courts and
chambers about the shortcomings of Russian laws in the proceedings.
Already since 1843 a number of committees, including the well-known
Commission of count Bludov, established in 1850, worked on the reform of
the court, but these works were not successful and served only as material
for the Commission formed in 1861, under the actual leadership of Secretary
of state Butkov, the Commission that developed “the basic provisions, and
then the judicial statutes, which received the highest sanction on November
20, 1864” (Under the editorship of A. Fedichev, 2014).
After the approval of The judicial statutes on November 20, 1864, a
full-scale Judicial reform was launched throughout the Russian Empire,
which introduced a new judicial system, the institutions of jurors and the
bar, and proclaimed the most important principles of justice. The reform
came to the middle Volga region in the 70s of the XIX century. After the
establishment of magistrate courts in the region, June 26, 1870 Alexander
II signed a decree “ on the introduction of judicial statutes in the districts of
the Kazan And Saratov chambers of justice and in the provinces of Smolensk
and Kostroma” (The main trends in the development of the Institute of
advocacy in the Middle Volga region in the period from the second half of
the XIX century to 1917, 2010: s/p). With the implementation of Judicial
reform began the history of attorneys of the Volga region as a legitimate
Corporation of lawyers.
On the basis of a comprehensive analysis of extensive factual material
on the issues under study, it can be concluded that the development of the
Institute of attorneys at law in the Volga region has passed three stages:
208
Litvin Alexander Alterovich y Cherkashina Vera Vitalievna
Attorneys of the Volga region and the Urals at the beginning of the judicial reform of 1864
The rst stage: 1870-1886 Marks the establishment of judicial
regulations, the emergence of the foundations for the existence of the
Institute and the emergence of the rst attorneys. The bar of the region
was United during this period, United by the administrative borders of the
Kazan judicial chamber.
Phase II: 1886-1904. is Characterized by the separation of the bar of
jurisdiction between two judicial chambers, Kazan, and Saratov.
The third stage: 1904-1917. Begins with the establishment of the Kazan
Council of attorneys. It ends with the events of the October socialist
revolution.
The initial stage (1870-1886) of the development of the Institute of
attorneys of the Volga and Ural regions is characterized by the formation
of a special Committee of attorneys, consisting of ve members elected by
the General meeting of attorneys from their environment for one year. In
case of illness or temporary absence, the composition was replenished by
candidates elected from the total number of attorneys.
The special Committee was charged with: (a) reporting to the attorneys-
at-law and their assistants of the district court’s orders; (b) presenting to
the court considerations on measures that may contribute to the successful
discharge of their duties by the attorneys-at-law; and (C) collecting, at the
request of the court, preliminary information on the cases of attorneys-at-
law and their assistants considered by the court in disciplinary proceedings.
The special Committee of attorneys was charged with the duty to require
attorneys and their assistants to provide the necessary information.
The decisions of the special Committee of attorneys came into force only
in the presence of all its members.
“The Council has convened a General meeting of barristers, and in the
summons, it was stated not only that it is convened on the basis of article
365 Uchr. Court. TSIs., but also noted that this is the second common
brother.
For the absence of a legal number of persons, the meeting was declared
invalid, but the cash appeared attorneys made a decision on the recognition
of the meeting invalid due to non-compliance with the formalities when
searching for the agenda, because they did not specify the consequence
provided for in Art. 365 of the HRM. Court. TSIs. that is, that if the second
brother does not take place, the Council will remain in the same composition
until the next election” (The Council of sworn attorneys, 1914).
The conduct of the special Committee’s cases was determined
independently and reected in the records, the contents of which could be
consulted at any time by the attorneys of the district.
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CUESTIONES POLÍTICAS
Vol. 39 Nº 68 (Enero - Junio 2021): 204-212
General meetings of attorneys consisted of all attorneys of the Volga
region and met: 1) to hear the annual report; 2) for the annual election of
members of the special Commission; 3) at the request of the district court
on the issue of changing the composition of the special Commission.
The 26th of July 1898 the Council received from attorney Konstantinov
telegram of the following contents:
Now the President of the court has removed me from the protection of the 60
referring to the decision of the General meeting, 1875, are charged under article
129 of the articles asking for vigorous action and for guidance to further my course
of action barrister Konstantinov (The Twentieth Anniversary of Moscow Jury
Attorneys, 1891: 59).
The frequency of convening General meetings of attorneys was not
regulated by the legislation in force at that time.
On September 29, 1870, in our General meeting, the idea was expressed
of the need for periodic meetings of attorneys of the judicial district, to
participate in the discussion of issues relating to the interests of the entire
estate. At the same time, attention was drawn to the fact that the strength
of corporate principles and rules peculiar to our rank, then only reach the
proper development, when all members will take part in the life of the estate,
when among its members there will not be the discord, which, weakening
the General idea of the institution, puts forward the right PA fees, personal
interest, hardly sufcient to achieve those sought qualities of a lawyer who
distinguish him from an ordinary Commissioner.
In view of the fact that 367 art. court. TSIs. along with the law, it recognizes
the obligation for sworn attorneys to the established rules, which are not
calculated separately in the law. Many have rightly pointed out that these
rules are established everywhere by the life of the legal profession itself,
in accordance with their needs and requirements. Therefore, in order to
enable the latter to speak, it would be necessary to recognize the principle of
the right of attorneys to participate in meetings, to discuss General issues...
these Arguments could not shake the loud statements about the need for
frequent meetings with the above purpose. If the law is positive and does
not establish the number of meetings, then it cannot be deduced that they
are prohibited.
For the validity of the decisions of the General meeting of attorneys
required the presence of at least 2/3 of the total number of attorneys Volga
district court.
210
Litvin Alexander Alterovich y Cherkashina Vera Vitalievna
Attorneys of the Volga region and the Urals at the beginning of the judicial reform of 1864
As candidates for the position of attorneys could apply for persons:
• who had a University or other higher education diploma on
completion of a course of legal Sciences or on passed examinations
in legal Sciences (external studies).
• at which the length of service in judicial Department at the positions
allowing to get practical skills in production of judicial cases made
not less than 5 years.
At the same time as candidates for the position of attorney could not
qualify:
• persons under 25 years of age.
• foreign person.
• persons with outstanding debt obligations at the time of application.
• persons in the public service.
• person limited in civil cases.
• persons brought to criminal responsibility.
To become a sworn attorney, it was necessary to submit a petition to
the Council of attorneys. The application was accompanied by documents
conrming education, experience, and other necessary information about
the applicant. The Board of barristers, having reviewed the submitted
documents and the person “taking into consideration all of the information
that recognizes the need” issues an order or the acceptance of the petitioner
in the number of barristers, what was issued to him the proper certicate,
or were denied it.
3. Summary
The activities of the Institute of attorneys of the Volga region at the
initial stage of judicial reform in 1864 had its own characteristics.
First, the formation of the judicial district was very late. Until 1873 in the
Volga region justice was carried out in the framework of the proceedings
adopted by Catherine II.
In 1873 on the basis of the Decree Of his Imperial Majesty County courts
were closed, world judicial institutions were introduced and at the same
time was formed from criminal and civil chambers – the United Chamber,
which were transferred to the rst instance of the case from the former
County courts.
The Institute of attorneys consisted of:
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CUESTIONES POLÍTICAS
Vol. 39 Nº 68 (Enero - Junio 2021): 204-212
• attorneys ‘ committees of the district courts, prior to the introduction
of the Council in the district.
• Council of attorneys of the trial chamber.
• Council of barristers of the district of the Saratov judicial chamber,
which is in charge from 1886 was part of Samara advocacy.
• consultations of attorneys at law at Kazan, Simbirsk, and Samara
district courts.
• Committee of assistant lawyers at the Kazan district court.
The activities of the Institute of attorneys were regulated by the decree
“ on the introduction of judicial statutes in the districts of the Kazan
And Saratov chambers of courts and in the provinces of Smolensk and
Kostroma.”
Conclusion
The judicial system of the Russian Empire after the successful reform
acquired the Institute of powerful and independent advocacy. The judicial
reform of 1864 created a completely new professional group,which was very
important for the future of the Russian Empire.
It’s about attorneys at law. The bodies of advocate’s self-government
were the General meeting and the councils of attorneys. Attorneys at law
were United in a jury bar - the bar Association, a member of which could
only become a member on the basis of professional knowledge, which was
to guarantee a high professional level. Attorneys at law were engaged in
private practice. The lawyers had assistants.
Because of the rhetoric of brilliant lawyers, they had a special authority
in Russia. Trials, which were of a political nature and in which famous
lawyers took part, became public events of the rst rank. The bar was of
great importance as a guardian of the law, as well as a third party to the
process. They were one of the few professional groups with a clear interest
in statehood.
Judicial reform has created not only a new court, but also a new system
of law enforcement, and indeed a new understanding and understanding of
the rule of law and justice.
Acknowledgements
The work is performed according to the Russian Government Program
of Competitive Growth of Kazan Federal University.
212
Litvin Alexander Alterovich y Cherkashina Vera Vitalievna
Attorneys of the Volga region and the Urals at the beginning of the judicial reform of 1864
Bibliographic References
BERENDTS, Eduard Nikolaevich. 1915. Connection of judicial reform with
other reforms of Emperor Alexander II and its inuence on the state and
public life of Russia. Senate, p. 202.
DORSKAYA, Alexandra Andreevna. 2015. “Judicial reform of 1864: the
problem of the unity of the judicial system, Platon” In: Magazine Story.
Right Policy. Vol. 2, pp. 14-17.
RESHETNIKOVA, Irina. 2014. 150 years of judicial reform of 1864. Laws of
Russia: experience, analysis, practice. Ed. House Letterman. Moscow,
Russia.
SAVOSTYANOVA, Olga. 2013. “Political and legal views of Alexander II (in the
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THE COUNCIL OF SWORN ATTORNEYS. 1914. Historical sketch of the
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in the period of 1898-1914. Saratov court chamber, p. 159.
LUKOVKIN, K.E. 2010. The main trends in the development of the Institute
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district of the Moscow Judicial Chamber from April 23, 1866 to April 23,
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UNDER THE EDITORSHIP OF ALEXANDRA FEDICHEV. 2014. Judicial
reform of 1864 and the Ministry of justice. On the 150th anniversary of
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UNDER THE EDITORSHIP OF MICHEAL GERNET. 1916. The class
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