Processual features of cases consideration in prize courts (on the example of the prize courts during the Russian-Japanese War of 1904-1905)

Abstract

The article discusses the formation, operation and special features of the prize courts, which were created by the warring states in their ports, for checking the legality of seizure of foreign vessels by its naval ships, made on the basis of prize law. The prize law is the set of standards, which is used by the prize courts for rendering the decisions. Prize law was developed no earlier than at the end of the XIII century. Since the end of the XV century, international treaties have begun to deal with the prize law, requiring from the warring sides speedy and fair judgments, setting a period for the decision of the case and reserving the right for appeal for neutral sides. The second half of the XVI century, XVII and XVIII century were marked by persisting and fascinating struggle between the warring and neutral sides, the last won, forcing the belligerent to recognize the freedom of enemy's goods under a neutral flag and to refuse from any extension of the concepts of blockade and contraband. The prize law of the Russian Empire in XIX - early XX century is the subject of separate analysis. Its development and systematic use took place on a ground of Russian-Japanese War of 1904-1905. There are examples of cases, considered by the Supreme Prize Court.