Transformation of the judicial system and its impact on the legal status of peasants of the Right-Bank Ukraine in the late 18th and early 19th centuries

Abstract

The purpose of the article is a comprehensive analysis of the changes in the judicial system of the Right-Bank Ukraine after its incorporation into the Russian Empire and their impact on the legal status of the serfdom in the late 18th and early 19th centuries. The methodological basis of the study is the principles of  historicism and scientific objectivity, as well as critical, systematic and comparative analysis of sources. The application of these methods and principles made it possible to study the transformation of the judicial system and the legal status of peasants in dynamics and in aggregate, taking into account all contradictory factors. The use of various methods made it possible to trace, on the example of the Right-Bank Ukraine, the impact of Russian imperial legislation on the events and processes which regulated the activities of judicial institutions and determined the legal status of landed peasants. Conclusions. The incorporation of the Right-Bank Ukraine into the Russian Empire led to significant changes in the judicial system of the region and affected the legal status of serfs. There was a transition from the manorial (patrimonial) court to the imperial court system, where criminal cases of serfs for medium and serious crimes were considered by state judicial institutions. The introduction of the “Statute on the Administration of the Provinces of the Russian Empire” in 1775 and further reforms by Paul I formed a new structure of judiciary on the Right Bank. An analysis of court practice shows that serfs were subject to trial for a wide range of criminal offenses, with a tendency to mitigate punishments compared to the norms of the Lithuanian statutes and imperial justice. The supreme power sought to establish control over the proceedings against serfs, limiting the power of landlords in criminal cases to minor offenses. The judicial system became a tool for integrating the Right Bank into the imperial space, but at the same time retained certain elements of local specificity.