342 section on civil law procedure that the Kratkoe izobrazhcnic protscssov was used as a source for the rules concerning how evidence was to be taken and evaluated by the courts. The court reform described earlier, and the reorganization of the state apparatus in general, gave rise to an attempt to adapt the legal system, and especially procedural law, the law of execution, and criminal law to the new situation. As A. G. Man’kov expressed it, a reform in these areas was: originally connected with the ongoing reform of the state administration and was in fact an unavoidable result of it. The reorganization of the administrative organs was unthinkable without changes in the legal system. 154 155 The commission on the laws of 1720 was appointed to put together a new legal code for the Russian Empire on the basis, among other things, of Swedish and Danish laws.^^® By 1725, this commission had nearly completed a draft of a code consisting of four parts: 1. civil procedure (“O protsesse, to est’ o sude, meste i o litsakh k sudu nadlezhashchikh”), 2. criminal procedure (“Oprotsesse v kriminal’nykh, rozysknykh i pytochnykh delakh), 3. criminal law (“O zlodeistvakh, kakie shtrafy i nakazaniia posleduiut”), and 4. civil law (“O tsivil’nykh ili grazhdansklkh delakh i o sostoianii vsiakoi ekonomii ili o dobrykh i protyvnykh poriadkakh V domopravitel’stve”).^^" In technical terms, this draft represented an improvement upon the Ulozhenie of 1649. The very organization of the proposed legal code shows that a distinction was made between material law and procedural law, and that civil and criminal law were regulated separately. In the sections of the draft dealing with procedural law, that is, the sections of interest in this context, the Swedish influence is obvious.It has been claimed that the Russian commission on the laws based its work on the Svod Zakonov Rossiiskoi imperii (16 v., St. Petersburg, 1832), X, 404—428. Man’kov (1970), 133. For details concerning the work of the commission on the laws, sec Latkin, 20—41. At the time of its creation, the commission consisted of eight members, of whom three were foreigners in Russian service (Vice President von Nicroth of the kamer-kollegiia. Vice President von Brevern and Councillor Wolff, both of the iustitskollegiia) and five were Russians (Stepan Klokachov, a court of appeals judge; Afanasii Kuz’min-Korovaev, a judge in the Pomestnyi prikaz; Chief Commissary Efim Zybin; Councillor Feodor Naumov of the revizion-kollegiia\ and Feodosii Manukov, a provincial judge in the chancellery of the St. Petersburg guberniia). Concerning von Brevern’s contributions to the commission’s work, see above, p. 321. TsGADA, f. 342 delo 33 chast’ 1 1. 1; Man’kov (1971), 164—166. Man’kov (1970), 199. 154 156
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