Borovikovsky Alexander L.

(1844 - 1905), son of Little Russian writer Leo Borovikovsky (see). At the end of the course at the Faculty of Kharkov University was retained to prepare to occupy the chair of history of Russian law, but in 1868. joined the Bar. Later he was successively deputy prosecutor of St. Petersburg. District Court, . barrister in St. Petersburg, . Odessa member of the Chamber (at this time lectured on civil law and process in the Novorossiysk University), . Assistant Secretary of State of the State Council, . Procurator cassation department of civil and, . Finally, . Senator of the same department,
. His name became a symbol of a judge soon, right, and gracious. He embodied these principles of judicial reform 1864. the mass of judicial decisions and the scientific and practical articles that affect most living problems of the Russian court practice. His judicial ideals Borovikovsky developed in detail in the excellent books published under the title "Report of the Judge" (3 no., St. Petersburg., 1891, 1892 and 1894), especially in a room here under "The Law and the judicial conscience". Guiding principle of the judge considers Borovikovsky beginning of justice, as the most reliable and consistent means of interpreting the law. Taking this position, Borovikovsky rises to the ideals of the Roman aequitas and the English court of justice. "All legal definition of civil legal relations - says Borovikovsky - calculated on the integrity and veracity of counterparties ... Near two transactions on the same external features. Both require the application to them of the same law. But in one case the transaction in good faith and true, in another it is only disguised malice and falsehood. Being blind slave of the letter, not the mind of the law, the judge may fall into a trap, and perhaps will even console myself that my duty "precise application of" law. But such a view is obviously wrong: the law is not met, and violated - because the facts do not apply to this, what it provides. Instead, the judge conscientiously fulfilled the law, to protect it from infringement, if will remove the deceptive mask, finds the wolf under the sheep's clothing ... The court failed to perform to their true objective, if it unfair and wrong were not afraid of him. It was possible to defend the weak and deceived - and do so in the fence sanctity of the law - is the great attraction of judicial activities, inspiring the judge on his hard work "(" Report ", t. I, p. 238 - 239). Borovikovsky teaches judicial creativity on the basis of the individualization of life relationships and struggles with the formalism and the worship of the letter of the law, . frequently encountered in the template Russian justice, . but decisively abandoned in the West of Europe, . especially after the emergence of the civil codes of Germany and Switzerland,
. The 3-m. "Reports" on "for a peasant" (headings release), Borovikovsky teaches the true beginning of the new process, which normally now, after his death, the general acceptance in the West of Europe. Here he defends the first publicized, demanding a public meeting with the judges ruling and chastising the custom solutions to solve the case without leaving the council room in the hall meetings, where there are no parties, no public. Then he carefully explains the true meaning of ustnosti and the adversarial process. Law, . of conviction Borovikovsky, . implies, . that "the parties know, . which there is evidence of their rights, . and will be able to provide the evidence, . and if any evidence they do not wish to use - that's their thing: everyone is free to defend their right only to the extent, . what purports to ",
. But this does not mean indifference judge in the contest of the parties, the judge enough to have only a "patient disposition". "No, the judge - said Borovikovsky - reluctant to distinguish from neumeyuschego. Unwilling to be indifferent, and neumeyuschemu help. This is a sacred duty of a judge. Indifferent to the will, but did not know how to defend themselves - it is not adversarial, and injustice. Justice must be tilted in favor of who is right and wrong, who better to say who smarter and smarter "(in. 3rd, p.. 27). These and similar thoughts Borovikovsky - not the result of theoretical study, the theory he was not concerned in his writings. Before us is the fruit of self-reflection thoughtful and humane judge nugget verified rich experience in judiciary. In a number of court decisions, compiled Borovikovsky and appended to the book, the author shows, in fact, that he preached the beginning feasible and in conditions of Russian reality. Solutions for a family and a peasant with a strikingly painted feasibility ideals Borovikovsky, . but he preached the beginnings filled with numerous decisions on other issues, . treated in the book: about chinshevom law (a brilliant sketch), . of third persons in the process, . limitations, etc.,
. In that publication, Borovikovsky belongs to a series of articles on Civil Law and Procedure, published in the old and the new "Journal of the Ministry of Justice, in the Journal of the Civil and Criminal Law" and others. (see list. The Byblos. Decree. Povorinskogo), as well as sketch "Women's share of the songs on Little Russia (St. Petersburg, 1879). Russian court practice must Borovikovsky not only explain its goals and ideals, . not only samples of the high court works, . - He owned publications, . still remaining desktop every lawyer: "the civil law and the Charter of Civil Procedure" (new edition, edited by Senator Gussaskovskii), . represent a consistent explanation of the main sources of Russian civil law and process according to the practice of cassation,
. In the 70's and 80's of the Borovikovsky placed in the "Notes of the Fatherland" and other periodicals of the poem that affected along with the lyrical and civic motives. V. N.