Appellate legal proceedings at the beginning of XX th century


As known from history of Ukraine, in 1917 it was a beginning to the new stage in the process of creation of the state. After falling of tsarism the urgent tasks and new problems appeared before society. The direct consequences of a February revolution for Ukraine were strengthening of political fight, appearance on the political arena of broad masses of population, transformation of army into the influential factor of internal life, enhancement of the role of different political parties, existence of numerous contradictions and contradictions between which, parallel appearance of competitive strictures of the Provisional government and Councils, in activity of which a social accent was prevailed, as well as origin of Central Council, advantage in work of which was decision the questions of national development.

All these tendencies and processes have an influence on the Ukrainian judicial system which during the period from 1917 till 1922 was unstable, changed depending on dominance at territory of Ukraine of different power bodies. Numerous judicial reforms were a characteristic for this period.

According to the law «On creation of appeal courts» the courts of appeal were created to replace the Judicial chambers. Thus in relation to organization and activity of appeal court the rules of Organization of Judicial Establishments of 1864 were valid and were related to the judicial chambers, with the exception of separate provisions. In particular, there were not provided positions of the Chairman of department and the Senior Chairman. All orders, realized by a chairman in the Judicial chambers, should be executed by «the orderable person» of the department who was elected by general meeting of judges of the Court of Appeal with simple majority of votes for a term of three years.

On December 23, 1917 the Central Council approved a Law «On the terms of provision and order of electing of judges of General and Appeal Courts». Under this law the positions of judges and procurator of the General and Appeal Courts could occupy, having the higher education. However judges could be the persons without higher education on condition of their electing with 3/5 of all quantity of votes of present members of the Central Council. The persons, who meet the above terms and conditions and wish to be selected on a position of a judge of General and Appeal Courts should submit an application to the Central Council through the Secretary General on judicial cases. In addition the law provided, that the General and Appeal Courts had a right to offer to the Central Council through the Secretary General on judicial cases an approval for candidates on vacant positions, made by general meeting of the court. The secretary General on judicial cases submits to the Central Council a list of all candidates from a number of which the Central Council elected the necessary number of judges by simple majority of votes at carrying out of secret election.

According to the Order as per No. 11 of the People’s Minister on judicial cases of March 18, 1918 a judge Т.Hrychuk was appointed as «the orderable person» of the Kyiv Appeal Court, and a judge R.Lashchenko was appointed  as «the orderable person» of the department of the Kyiv Appeal Court.  However, according to the Order as per No. 28 of April 02, 1918 a judge K.Yashchenko was appointed as «the orderable person» of the department from April 01, 1918.

On July 08, 1918 the Law «On Judicial Chambers and Appeal Courts» was approved, according to which the Law «On Appeal Court» of December 17, 1917 was withdrawn. In particular, the article 2 of the Law provided cancellation of the Kyiv Appeal Court, created by the law of March 24, 1918, and the persons, who held positions in this court, remained on the unattached list of the staff in case if they will not get the new appointments or returning to previous positions of them will be impossible.bogdan_xmelnickiy

Thus, under the above-mentioned law appeal courts in Kyiv, Kharkiv and Odesa were withdrawn, the former judicial chambers were re-established, but with some changes regarding to their staffs and requirements for the candidates on corresponding positions.

However the Kyiv Judicial Chamber executed the duties not long, as already on December 14, 1918 an army of the Directory came in Kyiv, and P. Skoropadskyi was forced to renounce from power and soon went abroad. The new stage of state building began for Ukraine.