Issues of the Implementation of the Judicial Reform of 1864 in the Works of Russian International Lawyers
Introduction. The article considers the inadequately studied issue in legal science regarding the assessment by Russian international lawyers of the Judicial Statutes of 1864 and their implementation until the official announcement of the completion of the Judicial Reform in 1899. This perspective allows us to see various points of view concerning the reform of the judicial system and the judicial proceedings in Russia in the second half of the 19th century from experts in the field of international law who are well aware of foreign legislation and can evaluate the possibility of its reception taking into account Russian reality. Theoretical Basis. Methods. The theoretical basis of the work was the scientific heritage of Russian international lawyers, whose works are devoted to the implementation of the Judicial Reform of 1864. In the process of their study were used general scientific (descriptive, dialectical methods, methods of analysis, synthesis) and special research methods (chronological, formallegal, comparative legal, method of legal modeling). Results. As a result of the research, two kinds of reasoning were identified among international lawyers. The first is the protective one presented by F. F. Martens, who tried to maintain the supreme judicial power behind the Emperor and opposed the borrowing of some institutions of foreign law, in particular, the trial of jurors. The second is the path of reforms, the bright representative of which was V. P. Danevskiy, who considered the Judicial Statutes of 1864 as the basis for developing and implementing new principles of judicial organisation and associated judicial proceedings. Based on an analysis of the scientific works of Russian international lawyers, it was concluded that they supported such crucial principles of the organisation of justice as the independence of judges, their authoritative position of a judge in the official and public hierarchy, sufficient material support both in the exercise of judicial powers and the situation in the event of resignation and death. The most debatable issue in the works of Russian specialists on this topic was the attitude to the trial of jurors, whose activities were subject to thorough statistical calculations, which were absent in the work of specialists in the field of domestic law. Discussion and Conclusion. The research study shows that a broad discussion of the obstacles of judicial activity contributed to the development of international justice in Russia, which encouraged L. A. Kamarovskiy to publish the specific work entitled “About the International Court” in 1881 - the first in Russia.