The judicial reform of Alexander II was not just a legal adjustment but a civilizational shift that aimed to modernize Russian society and its governance.
The establishment of an independent judiciary was a crucial step towards the rule of law in Russia, reflecting a growing recognition of individual rights and legal protections.
On December 2, 1864, Emperor Alexander II initiated a landmark judicial reform in Russia that transformed the country's legal system. This reform established an independent judiciary and introduced the adversarial principle in legal proceedings, marking a significant departure from the previous system, which was characterized by confusion and administrative control.
Prior to the reform, the Russian judicial system was convoluted, with courts operating at three levels: district, provincial, and national. The system was heavily influenced by local governors, and serfs were often judged by landowners, leading to biased and unjust outcomes. Vitaly Zakharov, a historian, noted that decisions were frequently based on the interests of officials rather than legal principles, leaving many vulnerable, especially illiterate peasants.
Alexander II's motivation for reform stemmed from his awareness of prolonged court cases, some lasting over 20 years. This prompted him to prioritize judicial reform, which had been discussed since the early 19th century. A comprehensive project was developed in 1862, culminating in the signing of several key legal documents on December 2, 1864, including the Charter of Civil Procedure and the Charter of Criminal Procedure.
The reform fundamentally changed the structure of the judiciary, separating it from the executive and legislative branches. It introduced a competitive, public, and open judicial process, requiring legal education for judicial positions. This shift ensured that all classes were formally equal before the court, providing even former serfs with the opportunity to defend their rights.
The establishment of sworn attorneys and the introduction of juries for serious criminal cases were significant advancements. The reform also led to the creation of notaries and bailiffs, enhancing the efficiency of legal processes. Although the reform faced challenges during implementation, it laid the groundwork for one of the most advanced judicial systems of its time, with its effects lasting well into the late 19th century.
