The judicial system of the Russian Empire, existed from the mid-19th century, was established by the "tsar emancipator"
Alexander II, by the
statute of 20 November 1864. The new system established — based partly on
English, partly on
French models — was built up on certain broad principles: the separation of the judicial and administrative functions, the independence of the judges and courts, the publicity of trials and oral procedure, the equality of all classes before the law. Moreover, a
democratic element was introduced by the adoption of the
jury system and—so far as one order of tribunal was concerned—the election of judges. The establishment of a judicial system on these principles constituted a fundamental change in the conception of the Russian state, which, by placing the administration of justice outside the sphere of the executive power, ceased to be a despotism. This fact made the system especially obnoxious to the
bureaucracy, and during the latter years of Alexander II and the reign of Alexander III there was a piecemeal taking back of what had been given. It was reserved for the third Duma, after the
revolution, to begin the reversal of this process. The system established by the law of 1864 was remarkable in that it set up two wholly separate orders of
tribunals, each having their own
courts of appeal and coming in contact only in the senate, as the
supreme court of cassation. The first of these, based on the English model, are the courts of the elected
justices of the community, with jurisdiction over petty causes, whether civil or criminal; the second, based on the French model, are the ordinary tribunals of nominated judges, sitting with or without a jury to hear important cases. Zemstvos could in some cases elect Justices of the Community irrespective of the property qualification, but in such case election had to be unanimous. Justices of the Community 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 community, 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 community" (), consisting of three or more justices of the community 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 community in another district. from this to the
court of appeal (
sudebnaya palata); while over this again is the senate, which, as the supreme
court of cassation, can send a case for
retrial for reason shown. The district court, sitting with a jury, can try criminal cases without appeal, but only by special leave in each case of the court of appeal. The senate, as supreme court of cassation, had two departments, one for civil and one for criminal cases. As a court of justice its main drawback was that it is wholly unable to cope with the vast mass of documents representing appeals from all parts of the empire. ==References==