354 the Ulozhenie of 1649, the Kratkoe izobrazhenie protsessov and the Ukaz o forme suda were all utilized.-^*^ When it comes to the practical application of the various individual legislative acts, however, the picture is unclear. It has been argued, for example, that the Ukaz o forme suda more or less ceased to be applied by the courts already during the eighteenth although a whole series of sources bear witness to the fact that 202 century, this was not at all the case.-”^ During the reign of Peter the Great, legislation was enacted to provide a detailed regulation of Russian procedural law. With the help of foreign, and especially of Swedish, law, trial procedure was given a more precise formulation than it had been given in the Ulozhenie of 1649, and this formulation corresponded to the striving of the absolutist regime to gain complete control over the administration of justice. The activity of the courts was bound by uniform and regular procedural norms, which could not be superseded. The Ukaz o forme suda stipulated that “if anyone passes judgement {sudit’ i rozyskivad) or receives plaints (chelobitnye prinimat’) in any other manner, he shall be punished as an usurper of state rights {gosudarstvennye prava)." As we have seen above, however, continuity with the earlier manner of conducting trials was maintained at the same time. The seventeenth-century Russian division of trials into sud and rozysk and the specific rules governing the transition from the former to the latter procedure continued to serve as the basis for procedural law during the eighteenth century. In conformity with the political developments in Russian society during the latter half of the seventeenth and the beginning of the eighteenth centuries, that is, the rise of an absolutist princely power and a strongly centralized state apparatus, the application of inquisitorial procedure, the so-called rozysk, was extended.-®-"* The Ukaz o forme suda of 1723 did. Svod Zakonov Rossiiskoi imperii, X &: XV. Vladimirskii-Budanov, 643. WoRTMAN (1974), 305—306. See, too, F. Dmitriev, Istoriia sudebnykb instantsii i grazhdanskogo appelliatsionnogo sudoproizvodstva ot sudebnika do uchrczhdeniia o guberniiakh (Moscow, 1859), 549. -«■« 7.A (no. 395), 404. See N. B. Golikova, Politicheskie protsessy pri Petre I (Moscow, 1957). Man’kov has argued that rozysk was used more widely against serfs who had run away from their owners and had later been found during the searches carried out by the government and by the landlords themselves; A. G. Man’kov, “Krest’ianskii vopros v Palate ob Ulozhenii 1700 g.,’’ in Voprosy ekonorniki i klassovykh otnoshenii v Russkom gosudarstve XII—XVII vv. (Moscow & Leningrad, 1960), 59. As for the connection between the spread of rozysk, or inquisitorial procedure, and the development of absolutism in Russia, Wortman quite rightly emphasizes the fact that “there is little doubt that Peter worked to extend the use of rozysk in the courts. The spread of inquisitorial procedure in the courts was part of the general accretion of state power that Peter worked to advance in all areas of his activity." Wortman (1974), 303. 201 202 203 205
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