The Development of Judicial System and Judicial Reform in Russia

Abstract

This paper represents a comparative analysis of the goals, objectives, stages of the judicial reform in Russia between 1864 and 1991. The author identifies general trends and patterns, proposes options for the further development of the Russian judiciary. The main purpose of the judicial reform of 1864 was laying foundation of the institute of judicial protection of citizens' rights, which is essential protection against crime and tyranny. The judicial reform of 1864 saw a separation of the judiciary as a kind of state power based on the principle of independence, declaration of tenure of judges as one of the guarantees of their independence, separation from the court investigation. Besides, the process became competitive with the maintenance of public prosecution representative of the prosecutor's office. The period after 1991 defined the main vector for the further development of judicial reform — approval of an independent judiciary, ensuring the independence of judges, the formation of courts intended for general public, the approval of the adversarial principles, equality of the parties and optionality. The objectives of modern judicial reform changed following the development of the judiciary and its state responded in a particular period of its development. However, similarities occur as to all the periods of the judicial reform, such as the recognizing the judiciary as a separate and independent, strengthening its authority, increasing openness and transparency, increasing trust in the court; creating the necessary conditions for the implementation of justice, access to justice; forming an effective system of enforcement proceedings, increased openness and accessibility of the enforcement of the system, increasing the level of execution of court decisions. Analyzing the aims and objectives of the judicial reforms of 1864 and 1991, similarities are obvious. Thus, we can find the following common objectives: separation of the judiciary from the administration and the proclamation of it as an independent branch of government; the creation of justices of the peace; the introduction of trial by jury; the introduction of new elements of the revision of the institute; declaration of principles such as the proceedings: transparency, competition and equality of the parties, presumption of innocence; securing tenure for judges, improving the system of guarantees of their independence and their subordination only to the law, of the principle of irremovability.