THE INFLUENCE OF THE JUDICIARY REFORM OF 1864 ON THE DEVELOPMENT OF THE INSTITUTE OF COMMERCIAL COURTS IN THE RUSSIAN EMPIRE

Abstract

The article examines the impact of the judiciary reform of 1864 on the development of commercial courts in the Russian Empire. It is noted that although under its parameters the reform did not significantly affect the system of commercial courts, it contributed to changes in the organizational and legal framework of the regulation of commercial courts. The author shows that shortly after the reform of January 11, 1865 a Commission was set up to discuss the transformation of the court system, which included in its subject matter the issue of harmonizing the then existing legal acts on commercial courts and the concept of judicial reform. During the Commission activity there was a question of necessity in commercial courts in general as the procedural order of considering economic affairs in many respects duplicated provisions of civil proceedings. In order to better address this issue, the Commission sent requests to interested parties in the prospect of obtaining their views on this matter. The article emphasizes that almost any and all, in one way or another related to commercial courts activities, were in favor of their preservation. The article shows that after the assassination of Alexander II, with the beginning of the period of counter-reforms, the idea of preserving commercial courts with their elements of democracy began to lose supporters from government circles, because in this democracy, in this entrepreneurial freedom, there were already dangerous sentiments for the state.