WORLD VOLINES COURT ON THE VALUE OF LEGAL AND REGULAR IN THE YEAR OF UKRAINIAN REVOLUTION OF THE BEGINNING OF THE XX CENTURY
Authors: Вікторія Сергіївна Панченко  
Published: December 2021

Introduction The transformational processes occurring in Ukraine today have necessitated the search for new forms of the judicial system organization. The system should be effective, simple and accessible to the public. Most of these requirements correspond to the Peace Court, which under different names has been successfully operating in England, Israel, Italy, Switzerland, the USA and Canada.T herefore, today it is important to study the practice of its formation and development.Goal: based on the analysis of the normative framework of the peace courts functioning in 1917-1919, their judicial practices and conditions of activity, to determine the degree of effectiveness of local justice and its role in establishing the rule of law and order in the Volyn province during the National Revolution.Results After the formation of the Ukrainian governments, the judicial reforms were launched, which changed the structure and competence of local courts. In 1917-1919, the Higher Regional Courts were closed, and their cases were transferred to peace courts. From 1919, the latter could consider the claims worth up to 10,000 rubles and criminal cases with losses of up to 60,000 rubles. Peace judge Petro Ilkevich, commenting on these changes, with pride and sadness said: "No state in the world has such a judicial individual power with such an extensive competency as our peace justice!" The judge's doubts and anxieties were due to big amounts work that judges had to perform then.The Ukrainization of the judicial process became a difficult issue during the judicial reform. The relevant law was adopted on March 1st, 1918, but it was not fully implemented. The shortage of funds, professionals and time prevented its implementation. However, given the enthusiasm of the Volyn judges, their documentation was conducted in Ukrainian already in 1918. The increased attention to the jurisdiction normalization and the improvement of the judicial system testified the Government's desire to ensure the priority of the laws and their strict observance by practical steps. At the same time, the complicated internal political situation, that forced the government to balance on the verge and find compromises, did not allow to fully control the implementation of laws on the ground. The implementation of legislative innovations, as practice shows, completely depended on the initiative and commitment of regional managers and officials, including judges, to the Ukrainian endeavor.The overthrow of autocracy and the proclamation of the national power in the face of the Central Rada, along with the wave of popular upheaval and revolutionary enthusiasm, caused the growth of crime, looting and local anarchy. In 1917-1919, one judge at Zhytomyr Peace Congress on average considered 404 criminal and 287 civil cases, with 60% of the proceedings being completed within two or three months, 39.5% lasting to six months and only 0.5% due to independent reasons lasting more than a year. At the same time, only 7% of the sentences were appealed in higher courts. These indicators convincingly prove the effectiveness of the legal process and the professionalism of the judges who made decisions regardless of the political conjuncture, taking into account only the laws and the sense of justice.Difficult financial situation made it complicated for peace judges to fulfill their duties. For example, V. Lebedinsky, the head of the peace congress, wrote: "Although the judge is a representative of the supreme power in the province, but is forced to lead a poverty-like life – ragged clothes, unable to provide a decent education to his children, be treated if necessary and hold servants, he lives half-starved." The housing issue also remained unresolved. The influx of refugees to the province, as well as the destruction of buildings through military operations, made it virtually impossible to rent a decent room for the court The buildings for courts were allocated on a residual principle, which meant their low quality and high cost. Due to small salaries, the court offices remained without scribes and secretaries. This made judges, tired of their direct duties, stay late in the evening to complete the documents themselves.Conclusion. In 1917-1919s, the Volyn peace courts continued to administer justice in the region and provide qualified legal assistance to the population. Ukrainian governments have taken measures to build the structure and increase the competence of local courts, but ignored the logistical support of judicial activities. At the same time, education, rich professional and life experience helped peace judges partially solve these difficulties.