ОСНОВНІ ВИМОГИ ДО СУДДІВ ТА ОСОБЛИВОСТІ ЇХНЬОЇ ДІЯЛЬНОСТІ В КРАЙОВИХ СУДАХ ГАЛИЧИНИ (1850–1918)
Authors: Kovalchuk Ivan 
Published: January 2025

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. From 1885, the
internship period was extended to two years, and from 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 from
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 from 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.
Keywords: court, regional court, judiciary, Galicia, Austrian Empire.