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Development of Commercial Courts in the Russian Empire. The Institution of Commercial Courts and the Charter of 1832. Commentary on the Institution of Commercial Courts of the Russian Empire 1832

Yu.M. Lukin,
Assistant of the Department of Theory and History of 
State and Law of the Kazan (Volga region) Federal University, Advocate


In the article the author reveals the history of formation and development of commercial courts in the Russian Empire, as well as the creation and maintenance of specialized basic regulation for commercial courts that have been enacted in the 19th century – the Institution of commercial courts of the Russian Empire 1832. The founders of special courts that hear just economic disputes in the history of the world have been knowing science Ancient Egypt and Athens. In Ancient Rome, it is the data of appearing the later specialized courts. In the Middle Ages, these courts began to develop in the cities of Italy and Spain. In modern times, commercial courts in Western Europe that subsequently developed the first commercial justice system have three types: the maritime courts, consular courts and courts of trade fairs. In the Russian reality, the first commercial courts were mentioned in a charter of Novgorod prince of the church of St. John Baptist in 1135. These were special courts for the merchant class in Russia. In May 14, 1832 the Nominal decree of Nicholas I approved the draft of the commercial courts Institution and the Charter of their proceedings. Commercial courts were established in Moscow, St. Petersburg and Odessa. The peculiarity of the sales process was the institution of attorneys (representatives). Attorneys for commercial matters between the two individuals in the commercial court could have sworn solicitors, which consisted in this court. 

Keywords: history of commercial courts; commercial litigation; Institution of commercial courts; Charter of commercial courts.


References 

    Andrievsky I.E. O dogovore Novgoroda s nemetskimi gorodami i Gotlandom [On the Treaty of Novgorod with Gotland and the German Cities] (in Russian). St. Petersburg, 1855. P. 118. 
    Mikhin A.V. Vozniknovenie i razvitie kommercheskih sudov v Rossijskoj imperii [Emergence and development of the commercial courts in the Russian Empire] (in Russian): Abstract of Dissertation. Candidate of Legal Sciences. Nizhny Novgorod, 2005. P. 54      
   Nefed’ev E.A. Sudoproizvodstvo torgovoe. Konkursnyi process [Commercial proceedings. Competitive process] (in Russian). M., 2009. P. 9. 
  Pakhol’chik E.D. Organizacionno-pravovye i processual’nye osnovy kommercheskogo pravosudiya v Rossii v XIX veke [Organisational-legal and procedural fundamentals of commercial justice] (in Russian): Abstract of Dissertation. Candidate of Legal Sciences. M., 2009. P. 22. 
   Shershenevich G.F. Kurs torgovogo prava. T. IV. Torgovyj process. Konkursnyj process [The course of trade law. Vol. IV. Trade process. Competitive process] (in Russian). M., 2003. P. 12, 17, 40–41. 

Information about the author 

   Lukin Yu.M. (Kazan) – Assistant of the Department of Theory and History of State and Law of the Kazan (Volga region) Federal University, Advocate (420008, Kazan city, Kremlevskaya st., 18, e-mail: [email protected]).

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Yu.M. Lukin