The defects and abuses of the old system were so flagrant that they became known even to the Emperor Nicholas I., and caused him momentary indignation, but he never attempted seriously to root them out. In 1844, for example, he heard of some gross abuses in a tribunal not far from the Winter Palace, and ordered an investigation. Baron Korff, to whom the investigation was entrusted, brought to light what he called "a yawning abyss of all possible horrors, which have been accumulating for years," and his Majesty, after reading the report, wrote upon it with his own hand: "Unheard-of disgrace! The carelessness of the authority immediately concerned is incredible and unpardonable. I feel ashamed and sad that such disorder could exist almost under my eyes and remain unknown to me." Unfortunately the outburst of Imperial indignation did not last long enough to produce any desirable consequences. The only result was that one member of the tribunal was dismissed from the service, and the Governor-General of St. Petersburg had to resign, but the latter subsequently received an honorary reward, and the Emperor remarked that he was himself to blame for having kept the Governor-General so long at his post.
When his Majesty's habitual optimism happened to be troubled by incidents of this sort he probably consoled himself with remembering that he had ordered some preparatory work, by which the administration of justice might be improved, and this work was being diligently carried out in the legislative section of his own chancery by Count Bludof, one of the ablest Russian lawyers of his time. Unfortunately the existing state of things was not thereby improved, because the preparatory work was not of the kind that was wanted. On the assumption that any evil which might exist could be removed by improving the laws, Count Bludof devoted his efforts almost entirely to codification. In reality what was required was to change radically the organisation of the courts and the procedure, and above all to let in on their proceedings the cleansing atmosphere of publicity. This the Emperor Nicholas could not understand, and if he had understood it he could not have brought himself to adopt the appropriate remedies, because radical reform and control of officials by public opinion were his two pet bugbears.
Very different was his son and successor, Alexander II., in the first years of his reign. In his accession manifesto a prominent place was given to his desire that justice and mercy should reign in the courts of law. Referring to these words in a later manifesto, he explained his wishes more fully as "the desire to establish in Russia expeditious, just, merciful, impartial courts of justice for all our subjects; to raise the judicial authority; to give it the proper independence, and in general to implant in the people that respect for the law which ought to be the constant guide of all and every one from the highest to the lowest." These were not mere vain words. Peremptory orders had been given that the great work should be undertaken without delay, and when the Emancipation question was being discussed in the Provincial Committees, the Council of State examined the question of judicial reform "from the historical, the theoretical, and the practical point of view," and came to the conclusion that the existing organisation must be completely transformed.
The commission appointed to consider this important matter filed a lengthy indictment against the existing system, and pointed out no less than twenty-five radical defects. To remove these it proposed that the judicial organisation should be completely separated from all other branches of the Administration; that the most ample publicity, with trial by jury in criminal cases, should be introduced into the tribunals; that Justice of Peace Courts should be created for petty affairs; and that the procedure in the ordinary courts should be greatly simplified.
These fundamental principles were published by Imperial command on September 29th, 1862—a year and a half after the publication of the Emancipation Manifesto—and on November 20th, 1864, the new legislation founded on these principles received the Imperial sanction.
Like most institutions erected on a tabula rasa, the new system is at once simple and symmetrical. As a whole, the architecture of the edifice is decidedly French, but here and there we may detect unmistakable symptoms of English influence. It is not, however, a servile copy of any older edifice; and it may be fairly said that, though every individual part has been fashioned according to a foreign model, the whole has a certain originality.
The lower part of the building in its original form was composed of two great sections, distinct from, and independent of, each other—on the one hand the Justice of Peace Courts, and on the other the Regular Tribunals. Both sections contained an Ordinary Court and a Court of Appeal. The upper part of the building, covering equally both sections, was the Senate as Supreme Court of Revision (Cour de Cassation).
The distinctive character of the two independent sections may be detected at a glance. The function of the Justice of Peace Courts is to decide petty cases that involve no abstruse legal principles, and to settle, if possible by conciliation, those petty conflicts and disputes which arise naturally in the relations of everyday life; the function of the Regular Tribunals is to take cognisance of those graver affairs in which the fortune or honour of individuals or families is more or less implicated, or in which the public tranquillity is seriously endangered. The two kinds of courts were organised in accordance with these intended functions. In the former the procedure is simple and conciliatory, the jurisdiction is confined to cases of little importance, and the judges were at first chosen by popular election, generally from among the local inhabitants. In the latter there is more of "the pomp and majesty of the law." The procedure is more strict and formal, the jurisdiction is unlimited with regard to the importance of the cases, and the judges are trained jurists nominated by the Emperor.
The Justice of Peace Courts received jurisdiction over all obligations and civil injuries in which the sum at stake was not more than 500 roubles—about 50 pounds—and all criminal affairs in which the legal punishment did not exceed 300 roubles—about 30 pounds—or one year of punishment. When any one had a complaint to make, he might go to the Justice of the Peace (Mirovoi Sudya) and explain the affair orally, or in writing, without observing any formalities; and if the complaint seemed well founded, the Justice at once fixed a day for hearing the case, and gave the other party notice to appear at the appointed time. When the time appointed arrived, the affair was discussed publicly and orally, either by the parties themselves, or by any representatives whom they might appoint. If it was a civil suit, the Justice began by proposing to the parties to terminate it at once by a compromise, and indicated what he considered a fair arrangement. Many affairs were terminated in this simple way. If, however, either of the parties refused to consent to a compromise, the matter was fully discussed, and the Justice gave a formal written decision, containing the grounds on which it was based. In criminal cases the amount of punishment was always determined by reference to a special Criminal Code.
If the sum at issue exceeded thirty roubles—about 3 pounds—or if the punishment exceeded a fine of fifteen roubles—about 30s.—or three days of arrest, an appeal might be made to the Assembly of Justices (Mirovoi Syezd). This is a point in which English rather than French institutions were taken as a model. According to the French system, all appeals from a Juge de Paix are made to the "Tribunal d'Arrondissement," and the Justice of Peace Courts are thereby subordinated to the Regular Tribunals. According to the English system, certain cases may be carried on appeal from the Justice of the Peace to the Quarter Sessions. This latter principle was adopted and greatly developed by the Russian legislation. The Monthly Sessions, composed of all the Justices of the District (uyezd), considered appeals against the decisions of the individual Justices. The procedure was simple and informal, as in the lower court, but an assistant of the Procureur was always present. This functionary gave his opinion in some civil and in all criminal cases immediately after the debate, and the Court took his opinion into consideration in framing its judgment.