Правовое государство: теория и практика (Jun 2022)
LEGISLATION AND PUBLIC THOUGHT OF THE RUSSIAN EMPIRE ON THE RIGHT OF WOMEN’S JUDICIAL REPRESENTATION AT THE TURN OF THE XIX–XX CENTURIES
Abstract
The legislation of the Russian Empire, which regulated the right of judicial representation for all subjects, including women, developed at the turn of the XIX–XX centuries in accordance with the principles that were characteristic of that time. The issue of the right of women’s judicial representation came to the fore in the context of women’s access to higher legal education. However, due to the outbreak of the First World War and rapidly developing revolutionary events, it was possible to solve it only after the February bourgeois-democratic revolution. Purpose: to study the reaction of the scientific community and legal practitioners in Russia to changes in the legislation in this matter, in their opinion, which were detrimental to the rights of women and were «lessons of legality», and to analyze the specifics of solving the problem of women’s advocacy at the turn of the XIX-XX centuries. Methods: historical, description, dialectical logic, formal-legal, interpretation of legal norms, system-functional methods are applied. Results: the study concludes that all the efforts of the scientific community and legal practitioners were not in vain: as a result of the events that were associated with the beginning of the February bourgeois-democratic revolution in Russia, Article 4061 of the Establishment of court orders, which infringed on the right of women to litigate in courts was finally abolished.
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