Kovalchuk I. Legal bases of the organization and function of the regional courts in Galicia as part of Austria and Austria-Hungary (1850–1918s)

In the dissertation, on the basis of the analysis of normative legal acts in force in the territory of Galicia during the studied period, scientific literature, archival documents and other written sources, the legal bases of organization and activity of regional courts in Galicia as part of Austria and Austria-Hungary (1850–1918s). In the dissertation is done the theoretical generalization of the historical experience of organization and activity of regional courts in Galicia within Austria and Austria-Hungary (1850–1918s). The study of this important scientific problem made it possible to substantiate the author's conceptual vision of the main tendency of development in Galicia at the end of the 18th – the middle of the 19th centuries. Austrian judiciary and European legal traditions. It was at the end of the XVIII century. In the wake of the Austrian policy of enlightened absolutism, the court was formed as an important state-law institution, characteristic of the Romano-German legal family. The Court, as the main judicial body, became an objectively necessary component of the mechanism for the protection and protection of human rights and interests during the period under review. It is emphasized that at the end of XVIII – the middle of XIX century influenced by political and socio-economic transformations, the Austrian legal system and the judiciary have undergone drastic changes in the direction of centralization, systematization, liberalization of the judicial process and gradual separation of the court from the administration. These changes were aimed at creating an effective mechanism for an absolutist state. The changes introduced were based on the educational concepts of natural law, the philosophical and legal ideas of justice and public benefit. For Galicia, this also meant abandoning the remnants of the Middle Ages, in particular, the dominant and class principle of justice. It is investigated that the regional courts in Galicia were entrusted with the function of control and, in fact, internal control over the activity of the court itself and the institutions that operated under it – the Bar, the Notary Chamber. An important element of control was the supervision of the state of detention in the area of court responsibility. In the case of East Galicia, it is the Lviv and Stanislavsky prisons. The supervisory function was directly related to the disciplinary activities of the local courts. Another important function of the local courts in Galicia was the appellate review of the courts of first instance in civil cases (the highest regional court in Lviv was criminal for such bodies).