ОСОБЛИВОСТІ УЧАСТІ НАРОДУ У РЕАЛІЗАЦІЇ СУДОВОЇ ВЛАДИ У ПЕРІОД ПЕРЕБУВАННЯ УКРАЇНСЬКИХ ЗЕМЕЛЬ У СКЛАДІ РОСІЙСЬКОЇ ТА АВСТРІЙСЬКОЇ ІМПЕРІЙ

Autor: В. В., Берч
Předmět:
Zdroj: Analytical & Comparative Jurisprudence; 2024, Issue 4, p664-668, 5p
Abstrakt: It has been established that the participation of the people in the administration of justice on Ukrainian lands during their time within the Russian and Austrian Empires is a complex topic for research. To date, questions related to the mechanisms of public participation in the judiciary, particularly the functioning of the jury system, the election of justices of the peace, and the influence of public opinion on judicial processes, remain insufficiently studied. The lack of detailed analysis of these aspects in doctrinal sources complicates the understanding of the overall picture of the legal culture of that time. It is noted that Ukrainian lands were part of the Russian and Austrian Empires from the late 18th to the early 20th century, and the judiciary during this period differed from the judicial system of previous eras. In many respects, this was an era of centralized and imperial governance. It has been observed that public participation in the administration of justice during this period is seen through the activities of justices of the peace, approved by the governor, who were the lowest tier of the judicial system. The appointment of justices of the peace ensured a certain level of control and compliance with the requirements of the state administration. On Ukrainian lands, justices of the peace handled criminal and civil cases in rural and urban communities from the late 19th to the early 20th century. It has been emphasized that later, an important form of public participation in the administration of justice became the jury system (in district courts), which began functioning in 1864 according to the Judicial Statutes. It has been highlighted that the Austrian Empire introduced its own specifics into the legal system of Western Ukraine, establishing the structure of courts, the competence of judges, judicial procedures, and other aspects of judicial activity. This legal framework reflected the imperial norms and standards of justice that existed in the territories under its control. Therefore, judges in Western Ukrainian lands performed their duties according to Austrian legislation, which included norms regarding their status, powers, procedures for conducting court sessions, and the resolution of cases. Within the Austrian Empire, the jury system was introduced in 1867. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index