University court is one of the constituents of university autonomy . According to the European tradition, it was carried out at the university over members of the university corporation (the medieval “right of academic freedom”).
In Russia
The university court was introduced for the first time at Moscow University under the Project on the Establishment of Moscow University (1755), which freed professors, teachers, “other officials” belonging to the university, as well as students from being involved in any other court than the university [1] . The detailed status of the university court in the 18th century was not developed; At this time, the trial took place in the Conference of Professors chaired by the University Director, who dealt mainly with cases of student misconduct [2] (with the right to send the case to the general judicial authorities).
According to the Charter of 1804, the court carried out: in the first instance - by the rector, by the second instance (for professors, adjuncts , university officials, financial cases for claims over 15 rubles) - by the Board with the obligatory participation of syndics and the possible invitation of professors of law, claims over 50 rubles, as well as appeals against decisions of the Board) - by the University Council. Cases on real estate and criminal cases (after the initial consideration by the Board) were transferred by the university to the appropriate offices (a syndicated group was allowed to deal with them). University court decisions on monetary amounts less than 500 rubles, on imposing fines of less than 100 rubles, as well as on official misconduct were not subject to appeal. In other cases, it was possible to appeal the decision of the court to the Governing Senate within eight days [1] .
The court, as part of the university’s governing bodies, was repealed under the Charter of 1835 . Controversial issues were to be dealt with by the Rector and the Board under the supervision of Syndic, while no property litigation could fall within their jurisdiction. The judicial “autonomy” of university members was reduced only to the rule that a teacher, official or student of a university detained by the police had to be delivered to the rector with “explaining his misconduct” (in case of a criminal offense, notify the rector who sent the university representative to participate in the investigation ) [1] .
By statute of 1863, a university court was reinstated as a body examining student affairs. It consisted of 3 professors of choice of the University Council, one of whom was to represent the Faculty of Law. The Charter of 1884 again abolished the university court, transferring the right to decide on student affairs to the university inspector , guided by the approved Rules for Students.
Notes
- ↑ 1 2 3 Andreev A. Yu. COURT OF UNIVERSITY // Moscow Imperial University: 1755-1917: encyclopedic dictionary. - M .: Russian Political Encyclopedia (ROSSPEN), 2010. - P. 703-704 . - ISBN 978-5-8243-1429-8 .
- ↑ University // Brockhaus and Efron Encyclopedic Dictionary : 86 t. (82 t. And 4 add.). - SPb. , 1890-1907.
Literature
- University // Encyclopedic dictionary of Brockhaus and Efron : in 86 tons (82 tons and 4 extra). - SPb. , 1890-1907.
- Imperial Moscow University: 1755-1917: Encyclopedic Dictionary / Andreev A. Yu., Tsygankov D. A. .. - M .: Russian Political Encyclopedia (ROSSPEN), 2010. - 894 p. - 2 000 copies - ISBN 978-5-8243-1429-8 .