UDC 94(470+571):34(091)
https://doi.org/10.20339/AM.12-19.116
O.G. Larina is Dr.Sci. (Jurisprudence), prof. e-mail: lelyc@mail.ru and T.N. Shishkareva is Cand.Sci. (History), doc. e-mail: grohotova@inbox.ru at South-West State University
Discussed is historical and legal aspect of institutionalization of volost court in 1861-1889. The authors examines conditions and prerequisites for formation of the institute of the volost court during the peasant reform of 1861; The problems of normative legal regulation of activity of volost courts and correlation of law and custom in their law enforcement practice are revealed; the role of the volost court in peasant justice is defined/ Correlation of competence between the volost court, the world court and officials of peasant public self-government in implementation of peasant justice in the period under study is established. Creation of volost court for peasants, and on the one hand, ensured certain independence and autonomy of peasant court, secured preservation of their class isolation. The process of volatility court intuitualization was hampered by existence of gaps in the legal regulation of their competence. This was especially evident, when courts resolved cases of criminal law nature. The law enforcement practice of volost courts in civil law was complicated by the lack of understanding of volost judges as to the concept of legal custom as such. In addition, due to difference of customs in peasant societies, it significantly varied not only in different regions of the empire, but even within the framework of one province or county. These features of activity of post-reform volost court required reform of the regulatory framework of this institution of peasant justice. Study of institution of peasant justice, dynamics of changes in it’s foundations, factors of influence and development, makes it possible to use historical experience of the functioning and development of this institution in the implementation of modern transformations in the field of law. Turning to historical experience of interaction of peasant justice and self-government with administrative power is relevant in reforming the system of local self-government in Russia. The materials in this article could be used in educational process, when studying the disciplines “History of Russia”, “History of the State and Law of Russia”, “History of Russian Justice”.
Key words: volost court, peasant justice, custom, volost judge, minor offenses, justice of peace.
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