Commercial courts in Russia second half of 19th – early 20th century: general approaches and individual features of the formation

Commercial courts formation mechanisms preserved after the judicial reform of 1864 are investigated. We analyze the influence of judicial reform of 1864 on commercial legal proceedings. The main provisions of the discussion on the need for the functioning of commercial courts are given. We also substantiate the conclusion about the commercial legal proceedings system creation, primarily for the resolution of disputes from international merchant shipping. The separation of trade jurisdiction process was planned earlier, at the beginning of the 19th century, the trade process began to stand out from the general civil process. By the decree of the Emperor on March 10, 1808 in Odessa was established the first commercial court and approved its Charter, which laid the foundations of the trade process. Innovations in the process of recruitment for the justice system after the reform of 1864 are considered. The provisions of judicial statutes and other normative acts regulating the formation of the staff of post-reform judicial institutions are analyzed. The study considers in detail the state's censorship policy in the field of justice: moral, age, educational, property qualification, experience qualification. Along the same lines we consider the principles of recruitment of judges in each of them. Taking into account the particular features, we expose the commercial courts general system formation. The requirements to the candidates for the members of the courts, as well as the positions of pre-revolutionary and modern scientists in relation to the effectiveness of the current design are analyzed.