Periodization of the history of the magistrate’s court in Russia: a chrono-discrete approach

 
PIIS102694520027958-4-1
DOI10.31857/S102694520027958-4
Publication type Article
Status Published
Authors
Occupation: Professor of the Department of Civil Law and Procedure; Leading Researcher of the Scientific center
Affiliation:
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Nizhny Novgorod Branch of the Russian Presidential Academy of National Economy and Public Administration
Address: Russian Federation,
Occupation: Associate Professor of the Department of Theory of State and Law, International and European Law; Senior Researcher of the Scientific center
Affiliation:
Academy of Law and Management of the Federal Service for Execution of Sentences of Russia
Nizhny Novgorod Branch of the Russian Presidential Academy of National Economy and Public Administration
Address: Russian Federation
Journal nameGosudarstvo i pravo
EditionIssue 10
Pages149-155
Abstract

The article proposes a periodization of the history of the magistrate’s court in Russia, based on the methodology of chrono-discrete monogeographical comparative jurisprudence. As the boundaries of the periods, the dates of the adoption of regulatory legal acts that introduced, abolished or radically reformed the institution of the magistrate's court in Russia are proposed. In the history of the magistrate’s court in Russia, the authors distinguish six periods: 1) November 20, 1864 - July 12, 1889 - the period of the functioning of the magistrate’s court in the Russian Empire on the basis of the Judicial Charters on November 20, 1864; 2) July 12, 1889 - June 15, 1912 - the period of territorially limited action of the magistrate’s court in the Russian Empire, when there was a replacement in most places of justices of the peace with zemstvo district chiefs; 3) June 15, 1912 - March 3, 1917 - the period in which an attempt was made to restore the magistrate’s court throughout the Russian Empire; 4) March 3, 1917 - November 22 (December 5), 1917 - the period of attempts by the Provisional Government to reform world justice; 5) November 22 (December 5), 1917 - December 17, 1998 - a chrono-discrete pause in the history of the magistrate’s court in Russia; 6) December 17, 1998 - present - the period of functioning of the institution of the Justice of the Peace in the Russian Federation on the basis of the Federal Law “On magistrates in the Russian Federation” and the legislation of the constituent entities of the Russian Federation.

Keywordsmagistrate’s court, magistrate institution, justice of the peace, periodization, chrono-discrete monogeographical comparative jurisprudence
Received14.03.2023
Publication date27.11.2023
Number of characters26868
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