326 Sixth and final edition: III. 1. If the court of appeals completes these cases and decides them incorrectly, (then, with clear arguments and true evidence, and showing the injustices {obida s uliki) suffered from it, the incorrect decision should be appealed to the iustitskollegiia, which has been especially established only for the administration of justice. Fifth edition: III. 1. If the (guberniia) court of appeals completes these cases and decides them incorrectly, then, with clear arguments and true evidence, and showing the injustices {obida s uliki) suffered from it, the incorrect decision should be appealed to the iustits-kollegiia, itself. (Peter had made this change at the end of the article in the second edition.) The power of revision, finally, was given to the Senate. Application for revision of a decision of the iustits-kollegiia was to be made to the secretary of the Senate, who then had the task of presenting the cases of this nature to the tsar (chapter IV: 1—2). The Swedish secretary for revisions had a similar function in that he prepared and presented the cases brought to the supreme court of the land, that is, to the justitierevisionen^- After the secretary’s presentation, the tsar was to initial those cases which were to go on for revision, and they were then to be decided in the Senate by all of the presidents of the colleges (chapter IV: 3).^^ To summarize, then, the ukaz of December 19, 1718 called for a fivetiered system of courts: two primary courts, one lower one “in the towns,” that is, the district towns, and one higher one “in the guhernii and the provinces”; the court of appeals, whose decisions could be appealed to the iustits-kollegiia-, the iustits-kollegiia-, and then, as a court of last resort, or court of revision, the Senate. Anyone who had the audacity to complain to the tsar about the decisions of the Senate ran the risk of capital punishment.^'* The court system established by this ukaz can be elucidated further with the help of materials from the legislative commission of 1720. In that body’s proposal for a code of laws for the Russian realm, one may read the following about the order in which the findings of a lower court were to be appealed: Ibid., 373. »o Ibid., 375. Ibid., 378. Jan Eric Almquist, Svensk juridisk litteraturhistoria (Stockholm, 1946), 121 —125. 2.4 (no. 381), 378—379. Ibid., loc.cit. TsGADA, f. 232 dclo 33 chast’ 1 11. 351—352. First edition: III. 1. If the guberniia court {gubernskii sud) completes these cases and decides them incorrectly, then, with clear arguments and true evidence, and showing the injustices {obida s uliki) suffered from it, the incorrect decision should be appealed to the supreme court of appeals itself.
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