THE PROSECUTOR’S OFFICE IN THE STATE MECHANISM OF THE RUSSIAN EMPIRE (MIDDLE OF THE XIX – BEGINNING OF THE XX CENTURY)

Abstract

The article deals with the peculiarities of creation, functioning and development of prosecutorial bodies in the judicial system in the Russian Empire in the middle of the XIX – beginning of the XX century. In particular, the legislative and normative base of judicial reform of 1864 is analyzed, the legal bases of activity of prosecutor’s offices as a part of the Ministry of Justice of tsarist Russia are outlined, features of realization of reforms of public authorities and judicial institutions are covered. Complex historical and legal analysis of organizational and legal bases of the prosecutor’s office bodies functioning in the general imperial state mechanism is considered, the powers of the bodies of prosecutorial supervision and the principles of their interaction with other subjects of judicial power in the Russian Empire in the middle of the XIX – the beginning of the XX century are revealed. The issue of reorganization of the prosecutor’s office was considered, as a result of which the role and powers of prosecutorial supervision bodies in the judicial process were significantly expanded. The duties of the prosecutor, the role of the prosecutor in the trial of civil cases, as well as the powers of the prosecutor in the trial of criminal cases are outlined in detail. The mechanism of influencing the members of the courts through the institution of appointment and transfer to positions is revealed, the hierarchy of subordination, which was characteristic of the prosecutor’s offices in the Russian Empire at that time, is studied. The issue of the relationship between the prosecutor and the investigator is covered, one of the most important principles of the judicial reform of 1864 is detailed – the principle of independence of the courts. Personnel requirements for candidates for prosecutorial supervision positions are considered and analyzed. The author concludes on the importance of prosecutorial oversight in the work of the judiciary, and concludes that the judicial reform of 1864 undoubtedly brought much positive, innovative and democratic, but in practice one of its main principles – the independence of the judiciary – was violated and ignored.