PERIODICALS OF THE SECOND PART OF THE NINETEENTH CENTURY ABOUT THE MERCHANT LAW IN THE RUSSIAN COMMERCIAL COURTS

Abstract

Aim. To analyze the opinions of lawyers and entrepreneurs about the merchant law in the composition of Russian commercial courts, reflected in the periodicals of the second half of the nineteenth century; to systematize and formulate the main discussion issues, reflecting both positive and negative experience of the merchant courts’ functioning in the Russian Empire. Methodology. The research was conducted using the collection, systematization and analysis of materials from various periodicals and sources concerning the controversy on the reorganization of commercial courts in Russia in the second half of the nineteenth century, in particular, on the fate of the merchant law in the court using typological, comparative historical and structural methods. Results. People, familiar with the specifics of trade, trade customs and the intricacies of entrepreneurship, which was often completely incomprehensible both to a common resident and a lawyer, advocated the preservation of the merchant law in commercial courts, while those unfamiliar with this subject expressed the opposite point of view, gravitating to the uniformity of the judicial system. Research implications. The analysis of archival documents and real court cases of a commercial court can be helpful to researchers engaged in the history of Russian legal proceedings.