Among the inconveniences of this court, it is impossible not to pay attention to the fact that many of the offenses not listed in the regulations of 1891, by their nature, quite fit into the category of misdemeanors, the consideration of which it would be best to transfer to the stanitsa court, such as, for example: arbitrariness, threats, slander, slaughter and foreign animals and many other things were studied.
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All this leads to the conclusion about the desirability of expanding the competence of the stanitsa court to the volost district court, which examines in localities where the State Duma has introduced a provision on zemstvo chiefs, civil cases in the amount of up to 100 rubles (according to some, up to 500 rubles and even without the limitation of the Central Bank of the claim), and The criminal authority enjoys the power to examine cases of almost all offenses provided for by the statute of punishment. impose. worlds. the court, in addition to reprimands, may subject to monetary penalties of up to 30 rubles, arrest for up to 3 days and criminal punishments of up to 20 strokes. (The last punishment, as it does not correspond to the rank of Cossack, cannot be introduced into the village judge).
There is a full volost court, providing the peasant population with the convenience of the court being close! to the people, in almost all matters arising between peasants, it is not only desirable, but also possible to give the stanitsa court, since the Cossack population in its own way is developed to stand higher than the peasant population.
But, while expanding the competence of the village court, it is also necessary to improve its composition. To achieve this we can take the following measures:
d) (fok sizhby stanitsa judges increase 00 3 drink, since those elected as judges for only one year do not quickly become accustomed to their duties.
2) In order to interest the best people to run for these positions, grant them the rights given to the current honorary judges, Art. 146 and 147 of the regulations of 189t, i.e., grant personal rights to the cornet and give 1 ruble from the society to the reborn. every day for everyone for the entire duration of the trial.
3) Judicial clerks, as having a very important meaning in the sense of an intelligent presentation of sentences and decisions, having found suitable articles of law and orders of the authorities, as well as the conduct of legal proceedings in order, are granted the rights of active service and determine the salary from the society on an equal basis with the station clerks in the military and civil units. —_
The second instance for dBl, decided by the village court inconclusively, is currently constituted by the judge of honorary judges. This court does not satisfy the requirements that should be presented to the appellate instance, which considers it on the merits. His decisions, appealed by the dissatisfied party, are usually distinguished by the same shortcomings, which are also seen in the decisions of the stanitsa court, and sometimes it happens that the honorable judge makes mistakes that were not in the stanitsa court.
The reason for such an unsatisfactory state of the court of honorary judges is. the fact that its judges consist almost exclusively of Cossacks and military officers and only very rare officers and officials, and therefore it, being almost homogeneous in its composition with the village court, in most cases is no different from it. }
If it is impossible to deny the possibility of imputing in some cases in the case of the village court of kinship, property, material dependence of judges on the litigants, as well as other similar reasons, then it is more necessary to have a completely impartial and authoritative appellate instance, which, considering the merits and reviewing the evidence presented
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in the first instance, it could restore justice and correct the error of the court of the first degree, since after the permission was taken in the appellate order, the decision becomes final and it can be canceled only on cassation grounds, i.e. due to non-compliance with formal rules or a clear violation of the law (99 Art. Regulations TV9t).