Public-political discussions about the reform of the local court in the State Council (1910-1912)

The article deals with the discussion of the draft law "On Local Court Reorganization" in the State Council of the Russian Empire. The draft law was developed on the basis of the results of the Special Commission on the needs of the agricultural industry (1902-1904). The reform of the local court was discussed at the meetings of the State Duma (1907-1910). The State Council opposed the Duma in this problem and rejected the abolition of the peasant court. Liberal parties and public-political journals criticized Minister of Justice I.G. Sheglovitov for his alliance with the State Council, because the original version of the reform anticipated the abolition of the peasant court and the introduction of a unified court. One of the leaders of the party Union of October 17, N.V. Sa-vich, noted in this regard that I.G. Shcheglovitov changed his mind for purely political reasons. Members of the State Council divided into three parties during the discussion of this reform. The liberals demanded the abolition of the peasant court as an undemocratic institution. The right demanded to cancel the reform, because it involved the elimination of the institution of the court of the government Commissars in the villages. In the opinion of the nobles (the right) the Government was to preserve and expand the institutions of control and guardianship over peasants in rural areas. The problem of maintaining judicial powers of the rural chiefs was also raised at meetings of the Congress of the United Nobility, which took place during the discussion of the bill on the reform of the local court in the State Council. Most of the members of the State Council considered that the retention of the peasant court and its subordinate magistrates would be able to improve justice in rural areas. At the same time they thought that government control over the property qualification for candidates for judges should be strengthened. Members of the State Council developed a new project of the structure and organization of the peasant court, which was subordinate to magistrates. Thus, in their opinion, the unification of the peasant court system of the ordinary courts of the Russian Empire was achieved. Changes in the main provisions of the original version of the act on the reform of the local court was perceived negatively by most of society. Lawyers and liberals believed that these changes were aimed at strengthening government control over the court. In addition, in their opinion, the new law preserved the inequalities of peasants compared to other classes.

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