Justice of the peace (Russia)

Justices of the peace (Russian: Мировой судья, a person, Мировой суд, an office) were introduced in Russian Empire in 1864 as part of the Judicial reform of Alexander II. They were based on the British model of the institute.

The institute of justice of peace replaced by other offices after the Russian Revolution and was restored in late 1990s in modern Russia.

Russian Empire

The Regulations of the reform provided for establishment of local courts with justices of the peace which were supposed to deal with minor offences and could not impose sentence more than one year of imprisonment. Each justice of the peace was supposed to serve in a circuit one uyezd comprising several circuits. They were elected for three years by zemstvas. However, in many areas there was not enough candidates who would meet the requirements for election, in other areas local authorities hindered the process of election. In several Western regions justices of the peace eventually were appointed by the Minister of Justice. In 1889 the whole institution was abolished everywhere except for Moscow and St. Petersburg. The powers of justices of the peace were vested in local executive authorities. They were restored in 1912 but at that time the monarchy was already about to collapse.

Justices of the Peace judged minor criminal and civil cases. They were individually elected from the ranks of local self-government bodies - Zemstvos in the country districts and municipal dumas in the towns.

Candidates for this office had to meet certain conditions: only the persons with complete secondary school education were eligible, and only the persons with real estate of 15000 rubles in rural districts, 6000 rubles in the capitals and 3000 rubles in other towns. Most of justices were minor landowners[1]. Zemstvos could in some cases elect Justices of the Peace irrespective of the property qualification, but in such case election had to be unanimous. Justices of the Peace were elected for period of 3 years, and were confirmed in office by Senate. They could not be dismissed during their term in office, except by indictment under process of law.

There were two classes: acting justices and honorary justices. The acting justice sits normally alone to hear, causes in his canton of the peace, but, at the request of both parties to a suit, he may call in an honorary justice as assessor or substitute. In all civil cases involving less than 30 roubles, and in criminal cases punishable by no more than three days' arrest, his judgment was final. In other cases appeal can be made to the "assize of the peace" (mirovoy syezd), consisting of three or more justices of the peace meeting monthly (cf. the English quarter sessions), which acts both as a court of appeal and of cassation. From this again appeal can be made on points of law or disputed procedure to the senate, which may send the case back for retrial by an assize of the peace in another district.

Modern Russia

References

  1. ^ The justices, though noble-landowners, are almost exclusively of very moderate means, and, though elected by the land-owning class, they are — according to Leroy-Beaulieu — prejudiced in favour of the poor mujik rather than of the wealthy landlord.