Origin, formation and functioning of the military-judicial institutions on the primary stage of the military-judicial reforms of Peter I

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The article is devoted to the study of problematic issues of the origin, formation and functioning of military-judicial bodies at the primary stage of the military-judicial reforms of Peter I. A brief description of the literature revealing some issues of reforming the military-judicial system of the reign of Peter the Great in the history of the Russian state is given. In the study, the place and role of the "Code or the law of conduct of general, middle and lower ranks" of 1702 (or the Code of B.P. Sheremetev) and the "Short article" of 1706 (or the Short article by A.D. Menshikov) on the primary stage of the military-judicial reforms of Peter I at the beginning of the XVIII century. The article refers to the date of the creation of Russian military vessels on January 27, 1702. On that day, by a decree, General-Field Marshal B.P. Sheremetev The Code of 1702 became valid, which legislatively ensured the administration of justice by the "assembled military court" (collegial body). An attempt has been made to establish the normative sources that formed the basis for the creation of the BP Code. Sheremetev and a brief article by A.D. Menshikov, as well as to identify the goals and objectives that were set by the legislator in compiling the described codes of conduct for military personnel in Russia. The article gives the established term in practice, which was used to refer to the reformed bodies of military justice as krigsrecht, the procedure for considering cases in a military court, the participants in the process, their rights and duties were characterized. The organs of the central military administration are mentioned, which have not lost judicial functions, despite the creation of the krigsrecht system. It is concluded that the newly created military courts sent justice, apart, closing in on the military command. On the example of specific military-criminal processes the activities of military courts (krigsrecht) the maintenance of discipline and law and order troops are shown.

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Code of conduct, military courts, administration of justice, krigsrecht, military-criminal process

Короткий адрес: https://sciup.org/14951922

IDR: 14951922   |   DOI: 10.17748/2075-9908-2017-9-6/2-77-83

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