Legal encyclopedia. Letter H

SERGEY IVANOVYCH ZARUDNY

- an outstanding statesman (1821-1887).

Short biography: came from an old, impoverished Ukrainian noble family. From the age of 14, Z. left to himself graduated the course of Kharkov University as a candidate of mathematical sciences. Arriving in St. Petersburg, I assumed to enter the Pulkovo Observatory, but decided on the Ministry

Justice. At that time, a circular was sent to the judicial department with a proposal to deliver a notice on the shortcomings of the current civil proceedings in view of the revision of it, undertaken by the II Office of His Own Majesty's Chancery. Soon began to arrive at the ministry remarks of judicial practitioners, which Z. vividly interested. He began to study the then process, simultaneously acquainted with foreign legal literature, and while traveling abroad - and with judicial practice. In 1849, Mr .. Z. was appointed legal adviser of the Ministry of Justice. In the meantime, partial improvements were made in the Civil Division in the Second Division, but since they were repulsed by the Minister of Justice, Count Panin, the initiative of the Count II Bludov at the head of Division II in 1852 led to the formation of a special committee for drafting a civil Legal proceedings.

Z. was appointed as his clerk; Under the conditions of that time, he could only make minor technical improvements to the project. The beginning of the reign of Alexander II gave way to the abilities of Z. As a member of the commission to disclose abuse of intendancy in

Z. was convinced of the time of the Crimean War, in what horrible form were everywhere management and the court. In 1857, he was appointed Assistant State Secretary of the State Council and was given the opportunity to defend the need for broad judicial reform. According to Z. thought it was decided first of all to work out the main principles of the Civil Procedure, sending out preliminary conclusions on this subject to judicial practices and specialists. A summary of their comments was sent to members of the State Council. Much of what was previously not allowed to speak, ceased to seem terrible and forbidden, and in the drafts of the statutory criminal court and the judiciary, introduced in 1860 by Count Bludov to the State Council, appeared glasnost and separation of judicial power from the administrative one.

In 1858, Z. received a foreign business trip to familiarize himself with the local judicial system and wrote more than ten special notes on the issues of the process. In these works, Z. opposes slavish copying from French samples, polemicizes with hypocritical conservatives who considered it untimely to transform the Russian court into a Western European type,

Examines the issues of the court of cassation, the introduction of world justice, the sworn advocacy, etc.

The main works: "Considerations and basic provisions on civil and criminal legal proceedings", "The case of the transformation of the judicial branch in Russia" (in 74 volumes), "Judicial statutes with arguments on which they are based", "Civil Code of the Italian Kingdom and Russian trading Laws, "the abstract" On the need for the full publication of civil laws of 1857 and their harmonization with all subsequent legalizations. "

The abolition of serfdom was also carried out with the participation of Z. As a member of the commission working on the organization of world institutions, Z. stood for self-government of the peasant community. On September 25, 1860, he was appointed to help VP Butkov when considering the provisions on the peasants in the Main Committee. In January 1861, Mr .. Z. in the post of State Secretary of the Department of Laws reported to the State Council provisions approved on 19 February. Z. valued the gold "peasant" medal he received at that time above all other awards. The emancipation of the peasants put the case of the judiciary on a firm footing

Reform. VP Butkov was at this time at the apogee of his liberal hobbies. His high position was used by Z. to prepare the ground for a new formulation of the question of judicial reform. Z. prepared reports, on the basis of which on October 23, 1861, the Supreme Command followed the formation of a commission under the State Chancellery to extract "the main basic principles" from the previous projects of Count Bludov. In January 1862, a new decree followed, which was prescribed to state the views of the State Chancellery "on those main principles, the undoubted merit of which is now recognized by the science and experience of European states and by which the judicial branches in Russia should be transformed." This act lifted the ban on the jury trial and other institutions of European judicial law and provided an opportunity to draw up a whole, rational plan for a full judicial transformation.

The commission, whose soul was Z., fulfilled the task entrusted to her in half a year, presenting strictly coordinated, excellently developed "Considerations and basic provisions on civil and criminal

Legal proceedings. "Among these principles were: the full separation of judicial power from the legislative and executive,

The irremovability of judges, the independence of the bar, the resolution of criminal cases by a jury, not excluding political and literary affairs. The suggestion of a member of the DP Rovinsky's commission to replace the wordless class assessors with juries was supported in particular by NA Butskovsky and Z .; The latter presented a detailed historical essay on the trial of the jury and the analysis of the pros and cons, which, among other things, refuted the widely held view that the jury was incompatible with the autocratic system.

"Basic Provisions" were supremely approved on September 29, 1862, Z. insisted that they be published for public information. In order to draw up drafts of judicial statutes in accordance with the "Basic Regulations", a commission was formed, which split up into branches of civil proceedings, criminal proceedings and the judiciary. Under the chairmanship of Z. was actually the branch of the civil court, but he worked tirelessly in all branches. He also reported later on the work of the commission in

The state council and in general was the soul of the whole affair. Within 11 months drafts of judicial statutes were prepared, furnished with extensive explanatory notes. The closest witness of the works of Z. Butkov, transmitting to him on November 22, 1864, the first copy of the newly published judicial statutes, inscribed on it that "the first copy should by right belong to Sergei Ivanovich as a person to whom the new judicial reform in Russia is more than others Owes its existence. " After the publication of the judicial statutes, Z. took part in the drafting of additional legislation to them, and insisted on a one-time introduction of charters in all Zemstvo gubernias with a gradual strengthening of the composition of the courts in the new commission to work out the rules for enforcing judicial statutes.

Finishing work on judicial reform, Z. put in order the extensive "The Case of the Judicial Reform in Russia" (in 74 volumes) and passed several sets of "Dela" to the St. Petersburg book depositories and archives. He rendered a great service to Russian science and jurisprudence, having published in 1866 "Judicial regulations with arguments, on which they

Founded ", which became a reference book for judicial figures.When the judicial reform was subjected to biased criticism after its implementation, Z. counteracted as far as the reactionary current.On January 1, 1869, in the prime of his life, he was appointed a senator and, in the wicked irony of fate Until the very end of his life, the chief author of the judicial statutes was not transferred to the cassation departments, in the creation of which he played such an outstanding role. Z.'s election to the honorary world judges of the Kupyansky district, Kharkov province, by location His generic name, entailed him with the last of the griefs that end the life of Z. Finding the illegal and inapplicable in life Senate circular decree on the daily analysis of cases by magistrates and on their submission to the congress of monthly reports, Z. entered the Kupyanski world congress with a proposal to suspend Enforcement of the decree and inform the Senate of its inconvenience.The Senate, without considering the matter on the merits, made a note to the Kupansky Congress, all the bitterness of which Z had to experience.

In the years of forced removal from

Practical activity Z. was engaged in many scientific and literary works. In 1869, he issued a comparative legal

The study "Civil Code of the Italian Kingdom and Russian Trade Laws", in 1873, for the first congress of Russian jurists, the essay "On the need for the complete publication of the civil laws of 1857 and their harmonization with all subsequent legalizations", which was carried out only in 1888. Knowing the Italian language perfectly, he published in the Italian translation selected works of Russian poets. In 1879, he published a translation of the book of Beccaria: "On Crimes and Punishments," with interesting notes, then the translation of Dante's "Ada," with the original interpretations of each song. Z. died on the way to Nice, where he was buried.