Эминов В.Е. История науки криминологии

Аннотация: In the article for the first time the process of the formation of the courts of general jurisdiction is investigated in its integrity in the course of legal reform prompted by Peter I. The system included such courts as gorodovyye/provincial and nadvornyye courts and Justitz-kollegia. The author systematically analyses normative and legal documents which have regulated competence of gorodovyye/ provincial, nadvornyye courts and Justitz-kollegia. In addition, on the basis of archive sources author demonstrates the functioning of the mentioned above juridical bodies namely as the courts of general jurisdiction. The opinion is proved that Justitz-kollegia in reality had been the juridical rather than administrative body. Special attention is paid to the conditions of the origin of the courts of general jurisdiction on the line of structural and functional division of the legal bodies from the administrative ones. In relation to this in the article for the first time the statements are described which had been prepared on the basis of the Swedish normative sources of the Instructions to voevodas and zemskiye komissars of 1719 year, which secured the division of the juridical bodies from the administrative ones. In addition, the author describes the difficulties which have arisen when this division has been put into practice.

Abstract: In the article for the first time the process of the formation of the courts of general jurisdiction is investigated in its integrity in the course of legal reform prompted by Peter I. The system included such courts as gorodovyye/provincial and nadvornyye courts and Justitz-kollegia. The author systematically analyses normative and legal documents which have regulated competence of gorodovyye/ provincial, nadvornyye courts and Justitz-kollegia. In addition, on the basis of archive sources author demonstrates the functioning of the mentioned above juridical bodies namely as the courts of general jurisdiction. The opinion is proved that Justitz-kollegia in reality had been the juridical rather than administrative body. Special attention is paid to the conditions of the origin of the courts of general jurisdiction on the line of structural and functional division of the legal bodies from the administrative ones. In relation to this in the article for the first time the statements are described which had been prepared on the basis of the Swedish normative sources of the Instructions to voevodas and zemskiye komissars of 1719 year, which secured the division of the juridical bodies from the administrative ones. In addition, the author describes the difficulties which have arisen when this division has been put into practice.