Основні вимоги до суддів та особливості їхньої діяльності в крайових судах Галичини (1850-1918)

Abstract

The article analyzes the main requirements for judges and the peculiarities of their activities in the regional courts of Galicia (1850–1918). It is noted that regional (district) courts acted as courts of second instance for the appeals against decisions of district courts as well as courts of first instance in a specified district when considering criminal and civil cases, the value of the subject matter of which was more than 1,000 crowns. Regional courts in Galicia, as courts of first instance, considered: civil cases (family disputes, guardianship cases, cases of restoration of rights, adoption, inheritance according to wills); criminal cases – cases of violation of state laws, anti-government activities, organization of illegal associations, murder, robbery, arson, cases of insulting the honor and dignity of the emperor or his family. Disputes of a mining, commercial and promissory nature, regardless of the price of the subject matter of the dispute, were considered by special senates of only a few regional/district courts in Galicia. In the proceedings of regional courts in Galicia, civil cases related to property and land disputes prevailed, and among criminal cases – the cases of political crimes, theft, forgery of money and documents, as well as infliction of bodily harm. Regional courts in Galicia acted as collegial judicial bodies and considered civil cases with three judges, and criminal cases with four judges. The judge of the regional court could be a person with a legal education who had to pass the relevant professional exams and complete a mandatory internship. At first, three state exams were to be passed: legal-historical, judicial and political. For their reception, a special commission was created in each higher educational institution by order of the Minister of Religions and Education. It had to determine the level of the candidate`s legal training, i.e. whether the graduate has legal insight, whether he can conduct legal proceedings independently, or whether he has a good command of legal terminology. The subject of the legal history exam was Roman, church and German law, as well as the history of the Austrian state, judicial – Austrian civil, commercial and promissory law, civil procedure, Austrian criminal law and procedure. During the political exam, candidates demonstrated their knowledge of Austrian administrative law, science and policy of social economy, and financial legislation of the empire. The first exam was taken three times a year – in winter, summer and autumn, the other two – at any time during the year, except for holidays. Exams were held orally and publicly. Graduates were able to choose the language of the exam. The final grade was determined by the voting of the commission members. With a negative result, it was possible to retake the exam within the time limits set by the commission. The next step in the career of a lawyer was a mandatory free one-year judicial practice in the regional (district) court. One-year judicial practice was a mandatory condition for admission to the position of a judge, but its term was changed specifically for judicial candidates. 1885, the internship period was extended to two years, and October 1896 – to three years. After completing such practice, graduates of law faculties were usually appointed as auditors in a certain district court. The minimum requirement for admission to this position was the presence of a certificate of successful completion of legal history and judicial state exams. It was possible to get the position of a judge only after passing the qualifying judge exam. It was conducted by a special commission, which was created every year by order of the Minister of Justice at the High Regional Court. It included university law professors and practicing judges, usually the same tribunal. The exam consisted of written and oral parts and aimed to reveal knowledge of civil and criminal law, process and procedures. The first part lasted two days, during which the candidates had to complete two tasks – to compile excerpts acts with court decisions in civil and criminal court cases. Two hours were allotted for the oral exam, during which the applicant was examined in all areas of civil and criminal legislation. In addition, he had to know perfectly the system of functioning of the Austrian judiciary.