The Institution of Justices of the Peace Through the Lens of the Judicial Reform of 1864

Abstract

In continuation of the judicial reform that has been taking place in Ukraine since 2014, the issue of introducing magistrates’ institutions stays relevant. Investigation of the history of the introduction and genesis of magistrates’ courts after the reform of 1864 in Ukrainian territory allow decisively saying “yes” to the institution of justices of the peace in Ukraine and improving the time-tested models of magistrate justice. The purpose of this study was to identify and generalise positive steps and conclusions from the mistakes of the past, including the need to unify the structure of magistrates’ courts, improve the mechanisms of their effective work and strengthen confidence in the judiciary to implement them in the modern legislative procedure. To fulfil this purpose, historical, historical-comparative, historical-system, comparative-legal research methods were used. The paper analysed the prerequisites, creation, and development of peace institutions on Ukrainian lands after the introduction of the reform of 1864. The structure of the newly formed world institutions and the category of cases under their jurisdiction were outlined. The features of the formation of the judicial corps of justices of the peace (features of appointment and dismissal, requirements for candidates, rights, duties, and responsibilities of justices of the peace) were clarified. Attention is focused on the impact that the world justice system experienced after the reform of 1864. The expected consequences of the work of peace institutions, positive results and real shortcomings of their activities were highlighted. The necessity of creating magistrates’ institutions in Ukraine is justified, since they will contribute to the further introduction of direct democracy, reduce the burden on courts of general jurisdiction, improve legal awareness of citizens and strengthen the effectiveness of judicial proceedings through the widespread introduction of the institution of reconciliation (mediation). It was noted that further legislative, administrative-organisational, and modern electronic support is needed for the issue of jurisdiction of the magistrates’ courts, selection, qualification, application of management methods, and a clear definition of the responsibility of judges. A partial solution to these issues was proposed. These results of this study can be used in the development of the Draft Law of Ukraine “On Magistrates’ Courts”.