THE IMPACT OF THE JUDICIAL REFORM OF 1864 ON THE DEVELOPMENT OF THE BAR IN NADDNIPRIANSHCHYNA UKRAINE IN THE SECOND HALF OF THE 19TH CENTURY

Abstract

The article contains an analysis of the development of the institution of advocacy in the Nadnipryansk Ukraine in the 19th century after the judicial reform of 1864; the conditions and grounds for acquiring status of sworn attorneys, aspects of the disciplinary responsibility of a lawyer (attorney at law) with reference to the provisions of the law regulating the said relations. The concept of a sworn attorney is revealed, the differences in status and rights between a sworn attorney and a private attorney are noted. The procedure and order of appealing decisions on refusal to accept as the sworn attorneys is described. It is stated that it is impossible to appeal decisions refusing to admit attorneys to the sworn attorney on grounds specified by law. It is indicated which persons cannot obtain the status of a sworn attorney in accordance with the law. A list of restrictions that the law imposes on sworn attorneys regarding their actions related to professional activities: regarding disclosure of secrets, representation of a person, conclusion of contracts, etc. is provided. The relations and issues in the activities of Councils and sworn attorneys that were not regulated by current legislation are indicated. A list of issues that were independently regulated by the Councils of Sworn Attorneys due to the lack of their regulation by the legislator (including the procedure and principles of disciplinary liability of sworn attorneys) is indicated. The procedure for creating a councils of sworn attorneys and its significance are described. At the same time, it is stated that they are under the control of the Court Chamber and the general meeting of sworn attorneys. The method of inhibiting the creation of Councils of Jury Attorneys in the judicial districts of Ukraine (Kharkiv, Kyiv and Odesa) is reflected. The reasons and purpose of the authorities' suspension of the creation of the Сouncils of sworn attorneys, the transfer of all their functions to district courts, and the transfer of the right to grant the status of a sworn attorney personally to the Minister of Justice are indicated. Thus, the actions of the tsarist government aimed at stopping the formation and development of an independent institute of the bar, transferring functions from elected self-government Сouncils of sworn attorneys to courts as authorities of state power, are highlighted. The above facts indicate the tsarist authorities' disinterest in the existence of an independent sworn attorneys and prove that, having begun its creation, the authorities took all measures to inhibit the creation and development of an independent bar, to level all declared democratic principles by adopting relevant legislative acts.