A.F. Horses - the era of Russian culture.

Studying the biography of the greatest Russian lawyer Anatoly Fedorovich Koni, it is impossible not to be surprised at the comprehensiveness of his education, the breadth of his views, the depth of his worldview. His books can serve not only as a guide to the criminal process of the last century, on its moral principles, but in general throughout the entire culture of the late 19th century. His correspondence is not inferior to "Selected Passages from Correspondence with Friends" by N.V. Gogol, and his biographical notes about F.M. Dostoevsky, L.N. Tolstoy and other great figures of that era can claim the title of masterpieces of biography. In his work A.F. Horses are approaching Herodotus, the father of history, who described not so much the actual events in the life of his contemporaries (we can learn them from the documents), as what people said in his time. This, as well as the special accuracy in the descriptions (acquired, apparently, in connection with the work of a forensic investigator), are valuable for us Koni's works. But his books are also relevant from the point of view of practice - after all, many provisions of the criminal procedure, which are now being introduced into life during the work of Anatoly Fedorovich, acted, were applied and studied. This experience is invaluable to us. It is especially important for Petersburgers that almost all of Koni's life was connected with our city. Here he worked, lived, and died here on the current Mayakovsky street.

The personality of A.F. Horses.

Anatoly Fedorovich Koni was born on January 28, 1844 in St. Petersburg in the family of Fedor Alekseevich Koni, a famous vaudevilleist and editor of the Pantheon magazine. F.A. Horses - Irina Semyonovna Horses, nee Prince. Yuryeva, known on the stage under the name of Sandunov, was an outstanding person who combined the widest talents. She was a writer and actress. On April 14, 1860, together with her husband, she took part in the historical performance of The Inspector General in favor of the Literary Fund, which united F.M. Dostoevsky (postmaster), A.F. Pisemsky (mayor) and other famous cultural figures of the 60s. According to contemporaries and Anatoly Fedorovich himself, Irina Semyonovna had a great influence on him. A religious and kind woman who retained a tender and caring affection for her son until the end of her days, she instilled in him an early passion for reading. At the age of 8, Koni had already read a lot, he was greatly impressed by "Viy" by Gogol and "Tarantas" by V.A. Sollogub. Koni forever retained bright memories of his childhood, and of his meetings with his godfather I.I. Lazhechnikov and A.F. Veltman, cousin of Irina Semyonovna, director of the Moscow Armory Chamber and writer, told in his essay "From student years".

The son of a family of writers was not going to follow in the footsteps of his parents and entered the mathematics department of the St. Petersburg Imperial University. But due to student unrest, he was forced to move to Moscow and enter the law faculty of Moscow University, which he successfully graduated with a Ph.D. degree in law in the summer of 1865. Already in his first serious scientific work, he raised a topical and poorly studied question about the limits of necessary self-defense, which was noticed in scientific circles, and he was invited to take a place at the Department of Criminal Law and Procedure at Moscow University. But Anatoly Fedorovich firmly chose a different path for himself - the path of direct service to people and the ideals of justice and morality. He devoted himself entirely to judicial activity. During his life, Koni went through all the steps of the prosecutor's and judicial hierarchy. We can say about him that he was a man who truly "made himself", who did not use any connections or patronage in power, a man with independent judgments, with firm moral foundations. Everything that Anatoly Fedorovich achieved was achieved by his personal work, outstanding talent of an orator, intelligence and high morality.

A.F. Koni has always been a preacher of morality in the trial, his words about the requirements for the personal qualities of a judicial figure are still relevant to us: “Forgetting about a living person, about a brother in Christ, about a comrade in nothing and intelligence, and talent, and the external, supposed usefulness of his work! .. Always in his soul must sound the wonderful expression of the Brahmins tat twam asi! - this is you too ... ”Anatoly Fedorovich not only called for this, but he himself consistently showed a personal example of impassivity, incorruptibility and adherence to principles. The case of Gulak-Artemovskaya strikingly proves the vitality and correctness of his principles. Ms. Gulak-Artemovskaya, a wealthy widow, who made a lot of efforts to arrange her fate, spoke in defense of the girl who was wrongfully left without a livelihood. Anatoly Fedorovich, being at that time a prosecutor in St. Petersburg, helped the girl, but this disinterested help of his turned out to be the reason for Gulak-Artemovskaya's attempts to establish personal relations with him in order to solve her own problems, as she put it, "handling cases." She invited Koni to her place, naming the names of the titled persons, and when an evasive refusal followed, she insisted on giving her at least a photograph of herself or a business card to “tell your friends that you were and did not find me at home”. To this, Koni replied in a very characteristic way: "Why facilitate such a deception?" and categorically refused the annoying lady. It would seem an insignificant incident, but later it turned out that in this way this fraudster misled her clients, showing them the business cards of high persons as proof of her influence, and then used their trust to receive money. Thus, the unswerving adherence to moral principles in everything, even in everyday trifles, left the name of the district court prosecutor unblemished, which cannot be said about individual high officials who have become victims of deception.

All his life A.F. Horses were distinguished by a high internal culture inherited from their parents and their environment. He was not only a very well-read person, but also a wonderful, interesting writer, conversationalist, friend of many great people of his time. He managed to get along with those people with whom everyone was at odds. For example, he was a friend of Goncharov, who at the end of his life acquired, as they say, an intolerable character and especially hated Turgenev. When Anatoly Fedorovich came to inform him of the death of the great writer, Goncharov, who always suspected Turgenev of cunning, turned away and muttered incredulously: "Pretending!" Where else can you find such memories as not in A.F. Horses?

“Not personal happiness should be a task, not distant goals of world development and not success in the struggle for existence, sacrificing an individual, but the happiness of a neighbor and his own moral perfection,” Anatoly Fedorovich wrote in his most famous work “Moral principles in criminal proceedings ". Koni himself always bore the high title of a lawyer and a person with dignity.

He died on September 17, 1927 on Nadezhdinskaya Street (formerly Shetilavochnaya), now Mayakovsky Street at the age of 83, surrounded by glory, universal respect and recognition. Currently, a memorial plaque is installed on the house in which he lived.

In one of his stories, Anatoly Fedorovich wrote about Doctor Fedor Petrovich Gaaz, now, unfortunately, an undeservedly forgotten Man, who saved many souls by his tireless activity in the Moscow transit prison. We can say that the motto of Dr. Haas is "Hurry to do good!" was also the life motto of A.F. The horses that he carried through his whole life.

A.F. Koni is the greatest Russian lawyer.

Anatoly Fedorovich Koni's career as a lawyer developed almost by accident - he was preparing to study mathematics. But life brought him to jurisprudence, fortunately for Russia and for our legal science. And how many people whom we will not see anymore could say human thanks to him for justice, for truth and morality brought to court. After all, behind each sentence is not just the punishment of a person, but, in the conditions of Russian reality, a whole life. How many returned after the "Vladimirka" (the stage through which the convicts were led to Siberia), so vividly described by Koni in the work dedicated to the memory of F.P. Haas?

Anatoly Fedorovich began his career as Assistant Secretary of the St. Petersburg Court of Justice in April 1866. This was the time of the introduction of the new Judicial Charters of 1864, which undoubtedly constituted one of the greatest achievements of Russian legal thought, which remain to this day a model for ensuring adversarial proceedings and ensuring the activity of jurors. The system created in accordance with the Judicial Regulations required new, fresh people who could not only conduct an investigation, but also competently support it in court. Horses called such people "new wine in new wineskins", referring to the Gospel parable of new and old wineskins. The tasks facing the judicial system of that time perfectly correspond to the requirements of our time in connection with the restoration of the real adversarial nature of the court. Do we not now hear numerous reproaches from law enforcement agencies for the imperfection of the jury trial, for low repressiveness? But all of them are connected precisely with the problem of personnel - our prosecutor's office is used to accusations in writing, behind the scenes, in the offices, when sentences were predetermined by the competent authorities, and the judge himself was the main prosecutor. Koni's outstanding abilities in this area were not immediately noticed. He still had to go through the difficult path of the assistant prosecutor in Kazan, in Kharkov. There he attracted attention as a competent and talented prosecutor and in 1874 was invited to St. Petersburg to the post of assistant prosecutor of the district court (in the last century, deputies were called comrades). He soon became a district court attorney. In Soviet times, his participation as the chairman of the district St. Petersburg court in the trial of V.I. Zasulich, the terrorist who shot the mayor, General Trepov, in January 1878. The jurors, after listening to an insufficiently prepared and not too skillful prosecutor and a competent, talented lawyer, and most of all being under the strong influence of public opinion, rendered an acquittal. Anatoly Fedorovich was neither guilty nor merit in this, since the role of the chairman of the court was not limited to resolving the question of the defendant's guilt, and Koni himself repeatedly emphasized the need for an objective approach to assessing evidence in the chairman's resume before asking questions to the jury. But neither the opponents of the jury, nor its supporters wanted to hear this. The Justice Department accused him of pandering to the jury, and the public extolled him as a revolutionary hero. In fact, the trial showed the complexity of the issue of the effectiveness of jury trials and their main weakness - susceptibility to public opinion... The notorious "Princess Marya Aleksevna" decided the matter not in favor of law and justice, but in favor of politics. This is precisely that clouding of minds, splendidly described by F.M. Dostoevsky in "Demons", an obscuration that led to the denial of the law in general, to the denial of God, and ultimately the very living person in the name of some idea. We know the results of it.

It should be noted that despite the attempts of Soviet historians to present A.F. Koni, a liberal "sympathetic" to the revolutionary movement, who, moreover, was persecuted by the tsarist government, the facts indicate the opposite. Both the court and the Ministry of Justice were able to rise above private claims and see in the chairman of the district court a really talented lawyer who could benefit the fatherland. So, in 1885 he was appointed chief prosecutor of the Senate, this was the highest prosecutor's office at that time. From 1897 he became a senator.

At the same time, his authority in scientific legal circles is growing. In 1890, Kharkov University awarded him the title of Doctor of Law, and in 1900 he was elected an honorary academician of the category of fine literature of the Imperial Academy of Sciences (together with Chekhov). Guided by his invaluable practical experience in prosecutorial and judicial work, Koni writes a number of works that are the pride of all Russian jurisprudence. He can rightfully be called the founder of a new science - judicial ethics, to which the work "Moral Principles in Criminal Procedure" (1902) is devoted. An idealist, a firm adherent of the spirit of the great reforms of the 60s, he believed in the opportunity to educate the younger generation, to invest in its foundations of morality ... Alas, life did not confirm his faith: “I began to lecture at the Alexander Lyceum and under the firm of criminal justice I try to acquaint listeners with the principles of judicial ethics. But these young people - very licentious in the sense of moral and mental - do not know how to listen attentively or write down ... "(from a letter to Chicherina on November 27, 1901). After the revolution, Koni lectured to the workers, but it is difficult to say whether they were successful - there is no reason to trust the confident tone of the Soviet press, which proclaimed the "advanced proletariat."

For Anatoly Fedorovich, social and political life was full of events. After the creation of the State Duma, he became involved in active legislative activity, acting as a member of the State Council (from January 1, 1907). Largely thanks to his support, laws were passed on parole (1909), on the admission of women to the bar (1913). Before the February coup A.F. Koni held one of the most significant judicial positions in Russia - first present in the general meeting of the cassation departments of the Senate. Unfortunately, it is not known how the great Russian lawyer, the ideologist of Russian jurisprudence, actually perceived the October Revolution. The contacts maintained with the major literary figures of that time, Lenin's policy of attracting "old specialists", absolute moral purity - all this allowed him, if not to join, then at least find his place in a new country, in a new world. During the famine in Petrograd (according to many testimonies, artificially created by the Bolsheviks to begin the expropriation of the village), he himself proposed to A.V. Lunacharsky cooperation in order to educate the masses. The result was the reading of lectures to the workers of the Putilovsky plant, the builders of Volkhovstroy, and students. In total, about a thousand lectures were read, including at the Department of Criminal Law of Petrograd University, where he was invited. The students even made sure that he was provided with a horse-drawn carriage, which was almost unthinkable at that time of devastation.

Already in the Soviet period A.F. Koni republishes a number of memoirs, united in the collection "On the Path of Life". These memoirs are indisputably recognized as the best examples of memoirism, they are written in pure, correct and lively Russian, and the biographies of his heroes - real people - reflect the actual vicissitudes of their lives as accurately as possible. The accuracy, brevity and capacity of the description are truly worthy of Dostoevsky. The reader of his memoirs, and indeed of all other books, receives not only information about historical or legal events, but also the intellectual pleasure of being familiar with the living source of the word. Koni's work confirms the words of F. Nietzsche that " good writer may not be a good orator, but a good orator is always a good writer. "By the way, many works of the already mentioned classics of Russian literature were written precisely based on the materials of cases in which Anatoly Fedorovich participated. Suffice it to recall the novel by Count Leo Tolstoy" Resurrection " , the plot of which was taken from a real precedent, and Count Tolstoy, in his correspondence with Koni, repeatedly discussed this topic, asking him for advice on the content of the book.

The life of Anatoly Fedorovich Koni is multifaceted and each time, describing it, you can discover more and more new sides of his bright image. The bulk of his handwritten heritage is kept at the Institute of Russian Language and Literature (St. Petersburg), his books have been republished in Russia and abroad, his speeches are cited as samples of judicial speeches, his memoirs are used to objectively write biographies of many famous personalities... The study of his work continues. It is becoming especially relevant now, when our court acquires many features of the judicial system created in 1864-66. And here irreplaceable manuals will be Koni's books "Judicial Reform and Jury Trial", "On Jury Trial and on Trial with Estate Representatives", "Closing Debate of the Parties in Criminal Proceedings".

“We do not have yesterday. That is why our tomorrow is always so foggy and dim,” the great lawyer wrote at the end of the last century. What would Koni say, looking at the day that was tomorrow for him, and for us today ...

Analysis of A.F. Horses "On the drowning of a peasant woman Yemelyanova by her husband"

On November 15, at the bottom of the Zhdanovka river, the corpse of an unknown woman was found, in which local residents recognized Yemelyanov's wife, who served as a license plate at the baths of the merchant Solovyov, located not far from this river. Upon examination and autopsy of the body, it was found that death came from strangulation due to drowning. The death of Lukerya Frolova, Yemelyanov's wife, was seen as suicide following Yemelyanov's sentence to seven days' imprisonment for beating a student. But a second autopsy of Lukerya's body revealed bruises on the left shoulder and thigh. In addition, Yemelyanov's wife turned out to be pregnant. In view of the circumstances and the testimony of witnesses, the peasant Yegor Yemelyanov was brought to trial on charges of deliberately taking the life of his wife, her drowning on the banks of the Zhdanovka river.

In this case, Anatoly Fedorovich Koni acted as the prosecutor. His accusatory speech, consisting of logical conclusions and conclusions, supported by verified facts, was read by him at the hearing of this case and entailed a verdict by which the defendant was found guilty of murdering his wife with a premeditated intention.

Further, he consistently and accurately provides the judges and jury with all the facts of the case, revealing each as easily as possible and proving the guilt of the defendant with clear and understandable conclusions. A.F. Koni has such a compelling character due to her particular composition. It is built with the help of logical connectives that consistently connect the individual facts of the case. Based on the testimony of witnesses, A.F. Koni discusses their truthfulness and competence, compares them. On this basis, he draws conclusions, which he complements with an analysis of the psychological characteristics of the participants in the process. This analysis, carried out by Anatoly Fedorovich, is based on the events preceding the murder of Lukerya, and it is supported by logical argumentation that even more accurately describes the psychological state of the heroes that led to the accident. A.F. Koni in his reflections himself developed and so clearly substantiated the motives for committing the crime that nothing could be said to the defense in refutation. In addition to logic, facts and subtle psychological analysis, the text contains in advance refutations of only supposed objections on the part of the defense. Again, with the help of logic, convincing arguments, consistent conclusions, A.F. Koni exposes facts that could help the defendant. In particular, Emelyanov's statement that his wife was drowned by Agrafen Surin, and not he. Comparing the facts and supplementing them with psychological aspects, A.F. Koni convincingly proves the inconsistency of this statement.

In conclusion A.F. Koni recalls the complexity of this case, expresses full confidence in the competence of the judges and in the fairness of the verdict that they will pass on to the defendant, taking into account all the facts of the case.

The specificity of Anatoly Fedorovich's accusatory speech is that he does not use dry facts alone or only emotional pressure on judges and jurors. As an ideal judicial orator, Anatoly Fedorovich skillfully combines facts and arouses a corresponding feeling in the hearts of jurors. A.F. Horses combines a set of knowledge and skills for preparing and delivering a public judicial speech in accordance with the requirements of the law, the ability to build objectively reasoned reasoning that forms scientific and legal convictions, the ability to influence the legal consciousness of people. The task of the judicial orator is to persuade the judges to the decision he needs, and the jury to the verdict that is desirable for him. To successfully complete this task, he needs knowledge of oratorical methods and techniques suitable for this type of eloquence and the ability to use them. Anatoly Fedorovich Koni tirelessly demonstrated in practice his competence in the field of judicial eloquence, proved his worth as a judicial orator and as a man of high moral and moral foundations. His speech meets the standards of oratory and includes the basic principles of its presentation. A.F. Koni structured his speech in such a way that it left the judges with only one option - to issue an uncompromising, fair verdict. This is a great merit of A.F. Horses as a court speaker and as a person of strict rules and high moral character.

A.F. Koni makes it understandable and accessible with the help of consistent conclusions that follow from one another, understandable phrases, devoid of heavy terminology. The manner of A.F. Horses speak, narrating and at the same time reasoning about the subject of the statement. His speech is replete with appeals not only to the judges, but to all those present. Addressing all listeners, he motivates everyone, makes them sort out the details together. (“Let's look now at his wife.”). Using rhetorical questions, a question-and-answer form of presentation, he inclines to think about the answers to them ("Are there conditions in the testimony of Agrafena Surina?" explained only by terrible hatred "). In order not to make speech monotonous, the author often uses inversion, anaphora, many participial and adverbial expressions.

A.F. Horses are rightfully considered a model of Russian judicial oratory at the beginning of the 20th century.

(1844-1927)

AF Koni is a prominent lawyer and public figure, writer, honorary academician of the St. Petersburg Academy of Sciences, an excellent teacher and practitioner. Particularly famous were his public speeches in the jury, notes of a judicial figure and memoirs. These works made up 5 volumes of collections under the general title "On the Path of Life" (1912-1929). Speaking about the significance of the literary and oratorical heritage of A.F. Koni, one should bear in mind not only his works, but also his brilliant talent as a judicial orator and lecturer. A.F. Koni has always strictly adhered to professional ethics, was a principled lawyer both as a prosecutor, and as a president of the court, a senator, and a member of the State Council.

By the way, his brilliant career ended in disgrace precisely because of the professionalism and adherence to principles of A.F. The tsar and his government were extremely dissatisfied with this decision of the jury; from that moment on, A.F. Horses began to decline.

Even contemporaries of this lawyer put together the following aphorism: "These speeches cannot be imitated, but you can learn from them." A characteristic of the entire collection of speeches of the speaker is the variety of speeches, the plurality of forms and the breadth of content. The famous lawyer K. K. Arseniev wrote that A. F. Koni's gift of psychological analysis was combined with the artist's temperament. Contemporaries noted that A.F. This prosecutor did not put pressure on the judge and the jury, did not accuse the defendant of all mortal sins, but skillfully presented the history of the issue, summed up the legislative base, grouped evidence, analyzed the crime, eliminated possible doubts with the help of indisputable facts and logical conclusions. His speech of accusation, word by word, fact by fact, proved the defendant's guilt. The culprit's guilt became obvious and indisputable.

AF Koni was creative in the legal framework and precedents associated with the case under consideration. He always opposed the mechanical application of the articles of the law, considered it necessary to carefully study each case. In the address of the Imperial Academy of Sciences on the occasion of the 50th anniversary of the service and social activities of A.F. , without which the right judgment is inconceivable, the teacher of that true eloquence, which finds simple, but real words that penetrate into the heart and mind of a person.

His accusatory speeches in criminal cases remain masterpieces of Russian judicial eloquence. These performances to a certain extent resemble an action-packed novel or psychological story. In defensive and accusatory speeches P. A. Aleksandrov. AF Koni and many others are brilliant experts in human psychology.

In the case of V. Protopopov on charges of abuse of power, A. F. Koni presents a brief, accurate and comprehensive description of the main character in the criminal drama. Having found out the main "spring" of V. Protopopov's abuses - power, - AF Koni in a simple colloquial style draws us a firm and vicious character of the accused, reflects on the reasons for the abuse and their psychological background.

“Power has many attractive features in itself. It gives the person endowed with it a consciousness of strength, it distinguishes him from the environment of powerless people, she creates a position for him that must be reckoned with. For pride, it is tempting to be able to order, decide, carry out one's will and, at least in a very narrow sphere, punish and pardon; for vain doubts, the sight of restrained anxiety, poorly hidden fear, searching and bewildered gaze is delighted ... Therefore, people who are serious about the idea of ​​power, receiving this power in their hands, treat it carefully, and those summoned to manifest it in noble embarrassment urge themselves to memory is not only their rights, but also their duties and moral tasks. But there are other people as well. Seduced first of all by the contemplation of themselves fully armed with the power they have demarcated, they only think about it and care and are aroused from the consciousness of their relative strength. For them, power turns into a sweet drink, which quickly causes intoxication that is harmful to power. The wine of the authorities rushed to the head and Protopopov. We do not know what he thought about his new position, when the possibility of getting it first arose before him, we do not know how he prepared for it from the time of his appointment to the day of accession, but he entered, obviously, with a firm idea that he it is necessary to show power by the simplest and, in his opinion, not arousing any doubt by means. "

Useful for the modern orator will be "Advice to Lecturers" by AF Koni, in which he managed to present the foundations of rhetoric in a concise, elegant and accessible form. In these "Soviets" AF Koni tells the young orator about preparing a speech (collecting material, drawing up a plan, writing a speech); mentally run before each performance. Audience fear for a young speaker can be compensated for by careful preparation. AF Koni wrote that the orator should speak loudly, clearly, distinctly and rhythmically, it is desirable to have good diction.

A. F. Koni paid special attention to the sound of the speech and the moment of the action. It is necessary to periodically change the tone of speech, it should not be monotonous and irritated. It needs to be raised or lowered, you can change it: brooding to vigorous, sincere to officious. Gesturing enlivens speech, but you need to use it carefully, gestures should correspond to the meaning, and not distract from the speech itself.

All speech should be original and varied. You can choose a group of listeners and tell it specifically: the listeners look at the lecturer, they are pleased if the lecturer looks at them, - this wins the audience's favor, the main thing is that this look is unobtrusive.

The speaker needs excerpt and the ability to focus on speech , no interference can bring him down. He is removed from the rustling of newspapers, industrial noises, camera flashes, crying children and other disturbances.

The form of speech should be simple and understandable, foreign words are permissible, but explained if necessary. Lyrics can be in speech, but it should be small and it should be sincere, like all speech. Element touching, compassionate may be in speech, but touching should be said in a dry, protocol tone, coldly, dispassionately, otherwise the listeners will not touched.

The secrets of successful public speaking, according to A.F. Koni, are:

1) win the attention of listeners;

2) hold attention until the end of the speech.

Capturing the initial attention of the audience can be done with a simple, interesting and dynamic story, the content of which would be close and evoke a sense of empathy.

You can keep your attention:

1) brevity of speech - the absence of everything superfluous;

2) a quick movement of thought so that there are few words, and many thoughts and feelings;

3) brief refreshing and explanatory digressions (examples, stories).

The end of the speech should harmoniously end the speech, that is, it is possible to connect with the beginning, so that it is clear not only in content, but also in the voice of the lecturer, there is nothing further to say.

Already in retirement, at the age of eight, A.F. Koni found his new vocation - he began to engage in teaching and lecturing educational activities. Libraries and hospitals, factories and factories, Proletkult and Baltflot - wherever he spoke, he was listened to with greatest interest... The lectures were on a variety of topics: about A. Pushkin, L. Tolstoy, A. Pirogov, about raising children. And a common feature of all A. F. Koni's speeches was the popularization of the ideas of humanism. The same enlightening poems were A.F. Koni:

I want to admonish the young generation.

Protect minds and hearts from darkness and dirt.

Like the ancient rhetoricians, A.F. In addition, according to A.F.

2.P.S. Porokhovshchikov (P. Sergeich)

(18 - 19)

An outstanding orator and a prominent theorist of the art of eloquence, PS Porokhovshchikov, created an excellent, up-to-date guide for a young orator-lawyer entitled "The Art of Speech at the Trial" (1910).

This book is notable for its rich content and vivid expressive form. A.F. Koni named the book of P. Sergeich "An excellent, systematic textbook on judicial eloquence, an essay, where the author, using numerous examples, teaches not only how to do it, but even more - how not to say it."

“What is the closest, immediate goal of any judicial speech, - P. Sergeich begins the second paragraph of his book, - in making it understood by those to whom it is addressed. Every word of the speaker must be understood by the audience exactly as the speaker understands it. " To speak well, one must be able to speak. The ability to speak requires compliance with two external conditions: "purity" and accuracy of words and two internal: knowledge of the subject and knowledge of the language.

P. Sergeich was opposed to the use of foreign borrowed words in Russian speech, the equivalent of which was already in the language. He noted: "... instead of" fictional "they say" fictitious ", instead of" suggest " –« inspire "instead of" prevailing " – « dominant "etc." It should be noted, however, that most of the above words have taken their place in the scientific, business and journalistic styles of speech.

It helps to avoid these shortcomings richness of the speaker's vocabulary. This is a prerequisite for every well-prepared speech. An educated person should freely dispose of this wealth, select synonyms and antonyms, be sure to know the meaning of all the terms that he uses.

"Test yourself: separate famous you words from familiar those. those that you not only know, but also use in conversation: you will be amazed at your poverty. We are often careless about words in conversation, but we care too much about them on the podium. This betrays the artificiality of speech when its naturalness is needed.

Learn the richness of words from the great poets, from them every word is deliberately chosen. If in the original version about the death of Lensky, Pushkin wrote: "The fire on the altar went out", then, after rereading the manuscript, he would replace the word "went out" with the word "went out", although, in principle, it is one and the same "

An important quality for a good speaker is excellent knowledge of the subject of speech and the problems associated with it. Try to familiarize yourself with the subject of speech comprehensively, get comfortable with it. This will prompt you for the phrases you need while speaking. Only knowledge gives accuracy in the statement. Uncertainty and vagueness is usually a sign of unclear thinking. Always keep in mind Schopenhauer's aphorism: "He who thinks clearly, expounds clearly."

P. Sergeich advises the young judicial orator, first of all, to draw up a plan for his speech, and for this to understand three questions:

1. What happened and why did it happen?

2. What does the jury need to prove?

3. How can you influence their decisions?

Finding the main idea of ​​the speech is still not enough to compose the speech itself. “In order to prepare an accusatory or defense speech, it is necessary creation speaker. The prosecutor must indicate to them everything that exposes the defendant, the defense lawyer - everything that proves his immunity to the case or excuses his crime. For this, of course, the raw material of the case must undergo a certain processing on the part of the speaker, it is also necessary that the judges (and listeners) can easily follow his thoughts, assimilate them and remember them. The content of the accusation or defense should be conveyed in elegant and strong words, and the speech itself should be delivered with external expressiveness and beauty ... For this, – writes P. Sergeich, – along with reflections (about the case), one must also think about pictures, and if they are not there, one must compose them: you are talking about arson – depict the owner-arsonist during the day at his cash register with bills and books, and at night at the same cash register with a wick and matches in his hands: in the first picture enter all his calculations about the benefits of arson; in the second - compare the disturbed and carefully carried away gold with the residents of neighboring apartments, serenely sleeping next to the creeping flame ... "

P. Sergeich advises to write each separate position of the speech on a separate sheet, and then add several lines in each sheet as you go along with your thoughts. Skillfully prepared speeches behind the seeming simplicity and ease of transitions and logical conclusions are in fact the fruit of painstaking work, multiplied by erudition and talent. Good speech is the result of knowing the subject and the problem, thinking about it, and experiencing "hard work on each individual case."

A young speaker needs to consider logical and psychological factors when composing a speech. In particular, he should be consistent and not express his emotions explicitly, but, on the contrary, try to evoke them in the audience.

P. Sergeich's book "The Art of Speech at the Court" is an excellent guide for a novice speaker: difficult questions, any subtleties of rhetoric - everything is considered, discussed, weighed, evaluated. this work became a real encyclopedia of Russian oratory.

Oratory A.F. HORSE

Introduction

A brief history of the life and work of A.F. Horses

1 Legal activity

2 Scientific and pedagogical activities

3 Cases A.F. Horses of historical significance

The power of the oratory of A.F. Horses

1 The image of a court speaker

2 Features of the court speech

3 Typical techniques of expressiveness of speech

4 Typical techniques for preparing and building speech

Conclusion

Introduction

In the context of strengthening Russian statehood, fundamental changes in the legal consciousness of citizens, reforming the judicial system, radical changes in the content and methods of lawyers, the revival and study of the traditions of the school of Russian (domestic) judicial eloquence is of particular importance.

In this regard, it is necessary to note such brilliant judicial speakers as A.F. Koni, K.K. Arseniev, F.N. Plevako, V.D. Spasovich and many others, who had tremendous power of influence, riveted the attention of the general public.

The purpose of this work is to identify the substantive features of the Russian rhetorical ideal using the example of the oratory of A.F. Koni, who shows his gift of persuasion, both in accusatory speeches and when considering cases as presiding judge.

In accordance with the set goal, the following tasks are highlighted:

presentation of the personal characteristics of A.F. Horses, revealing the historical significance of his activities, by tracing the main events in the life and behavioral attitudes of the famous judicial figure;

description of the image of a judicial speaker, disclosure of the meaning of morality in legal proceedings, based on the scientific works of A.F. Horses;

revealing the secret of A.F. Horses in the field of judicial eloquence, demonstrating the special nature of his speeches;

presentation of the main artistic techniques of expressiveness of A.F. Horses, as well as demonstrating his special approach to their preparation and direct presentation in the courtroom.

To reveal the content of each of the tasks, the general literature on rhetoric, literary sources dedicated to the biography, selected works and speeches of A.F. Koni, as well as some periodicals devoted to the effectiveness of the public prosecution.

1. A brief history of the life and work of A.F. Horses

A.F. Koni (1844-1927) was born on February 9, 1844 in St. Petersburg in the family of the literary and theatrical figure and history teacher F.A. Horses and actresses I.S. Yurieva. Until the age of 12 he was brought up at home, then at the German School of St. Anna, from where he moved to the Second Gymnasium; from the 6th grade of the gymnasium in May 1861 he took the exam for admission to the St. Petersburg University in the mathematical department, and after the closure of this university he transferred to the 2nd year of the Faculty of Law of Moscow University, which he graduated in 1865 with a candidate's degree.

1.1 Legal activity

Anatoly Fedorovich Koni (1844-1927) occupies a special place among the great Russian judicial orators, whose activity falls on the period of the middle and the end of the 19th century. He began his path in society in the "era of reforms" in the 1860s. and completed it during the years of Soviet power.

In 1864-1865. In connection with the abolition of serfdom, a progressive in its content Judicial reform was carried out, the Statutes of Judicial Proceedings were adopted, and new judicial institutions were created. A.F. Koni was first appointed secretary of the Petersburg Court of Justice (April 18, 1866), then - secretary of the Moscow Prosecutor's Office (December 23, 1866).

In autumn 1867 A.F. ... A year later, twenty-seven years old, he returns to St. Petersburg to take on the duties of the prosecutor of the capital district. In these posts, as in Kharkov, A. F. Koni fearlessly pursued the "powerful of this world" who had transgressed the law.

In the summer of 1875, Minister Count K.I.Palen, who had long appreciated the high business and personal qualities of A.F. judicial supervision, management of the prosecutor's office, etc. Over time, the relationship between A.F. Koni and K.I. Palen, which reached its epogee on July 13, 1877 during the events in the house of preliminary detention. The center of these events was the imprisoned student A.S. Bogolyubov, who was cut off by the St. Petersburg mayor, General F.F. Trepov, for not worshiping this person for the second time, which was accompanied by beatings of other prisoners who expressed their indignation on this occasion, from the robust policemen. All these events were approved by K.I. Palen. A.F. Koni, who was absent during the described events in St. Petersburg and having learned about them upon his return, told his minister that the unjustifiable violence he had allowed was an illegal thing, a political mistake that would have dire consequences.

January 1878 A.F. Koni was appointed chairman of the St. Petersburg District Court. And at the same time, the events that began with the incident with Bogolyubov entered new stage development, which consisted in an attempt on the life of F.F. Trepov from a certain woman who introduced herself as Kozlova (later, as it turned out, V.I. Zasulich), who was motivated by a desire to avenge Bogolyubov's section. The case of V.I. Zasulich was considered by a jury. As a result, the decision of the jury on the innocence of V.I. Zasulich was unanimous.

After this case, the name of A.F. Horses sounded not only in Soviet periodicals, but also in all newspapers in Western Europe and the United States. Publicists discussed the role of A.F. Horses in V.I. Zasulich, expressing his views on his participation in the selection of the jury and pushing them to an acquittal.

Responding to attacks from the “right”, A.F. Koni, referring to his resume, published in all newspapers, wrote: "... Those who reproach have not read it or viciously distort its meaning." And then Koni A.F. rather focuses on its accusatory shade: “Guilt in inflicting a wound should be recognized and condescension should be given”. As you can see, indeed, A. F. Koni "bent" to declare V. I. Zasulich guilty, but deserving of leniency. And the jury acquitted V.I. Zasulich because the factors of dissatisfaction with the foreign and domestic policies of the tsarist administration, admiration for the heroic act of V.I.Zasulich, as well as the excellent skill of the lawyer P.A.

Nevertheless, after the failure of the charges in the case of V.I. Zasulich, A.F. Horses were persecuted for four years by an official (first during the reign of Alexander II, then - his son Alexander III). These persecutions especially affected his teaching at the School of Law, which he had to stop in connection with the agitation of the students of the school against him. Despite all these provocations, A. F. Koni stood his ground in the name of the principle of the irremovability of judges as a guarantee of their independence, without which there is no true justice, no justice in court. The chairman of the district court joined the battle for the highest, in his opinion, social values, to which, however, the tsar and his ministers did not care.

A turn for the better was outlined when I.K. Palena minister D. N. Nabokov, overcoming the initial prejudice instilled by ministerial officials, from personal observations made an opinion about A. F. Koni, appreciated his honesty, deep knowledge and ardent devotion to the cause. And in the fall of 1881 A.F. Koni was appointed chairman of the department of the Petersburg Court of Justice. However, A.F. The horses were nevertheless withdrawn "from the army in the field," since it was not a criminal, but a civilian department. Due to the lack of experience A.F. Koni studied lectures, educational and scientific literature, civil legislation for several months and, finally, confidently began to consider very complex civil cases.

A.F. Koni headed the civil department of the Trial Chamber for more than three years, after which, despite the still memorable case of V.I. Zasulich, was appointed Chief Prosecutor of the Criminal Cassation Department of the Senate. This position was one of the highest, if not the highest position in the criminal justice system, since the Senate at that time was the highest judicial body overseeing the activities of all judicial institutions. Chief Prosecutor, and then Senator A.F. Koni, served in the Criminal Cassation Department for sixteen years - from February 1885 to 1900. Many cases considered in the Senate with the participation of A.F. Horses entered the annals of Russian legal proceedings.

In 1900, A. F. Koni was elected an Honorary Member of the Academy of Sciences and left his judicial activity, although he continued his civil service as a senator in the general meeting of the Senate, and from 1907 he was also a member of the State Council. But during these years he paid more attention to scientific and literary, as well as social activities. After the October Revolution, A.F.

Thus, A.F. Koni played an important role in the formation and development of Russian (Soviet) legal proceedings based on the principles of publicity and orality, bringing judicial officials face to face with a living person. And in this field A.F. Koni, despite all the complexity and insidiousness of the situations that fell to his lot, remained a lawyer to the marrow of his bones and always acted as a fighter for justice, in principle defending the most humane and democratic ideas.

1.2 Scientific and pedagogical activities

A. F. Koni's interest in science was awakened when he was still a student. Lectures on the disciplines of the criminal cycle at the university did not satisfy him, and A.F. Koni began to study criminal law on his own, getting acquainted with foreign and poor at that time domestic literature. So the idea arose to write a Ph.D. thesis on the law of necessary defense. And later, having entered the civil service, A.F. Koni continued to engage in scientific work.

Since 1865, he has published articles on criminal law and criminal proceedings in the Journal of the Ministry of Justice and in the Moscow Legal Bulletin. During the life of A.F. Horses in the early 20th century, new editions of Judicial Speeches, a collection of materials about the life and work of progressive Russian lawyers Fathers and Sons of Judicial Reform, the first volumes of the collected works On the Path of Life, and the commented Charter of Criminal Procedure were published. A. F. Koni's developments in the field of judicial ethics are especially significant. Suffering from many years of judicial and prosecutorial work, his provisions on the moral foundations of legal proceedings and criminal policy in many ways retain their theoretical and practical significance today. A historical and biographical essay by A.F. Koni about the great philanthropist of the 19th century, the Moscow prison doctor Fyodor Petrovich Gaaz, also adjoins this direction. In 1924, the work of A.F. Koni "Receptions and tasks of the prosecutor's office (from the memoirs of a judicial figure)", which served as a practical guide for employees of the young Soviet prosecutor's office.

In addition, during the period of his life at the beginning of the 20th century, A.F. Koni also devoted a lot of time to teaching criminal justice at the Alexander Lyceum and reads a course of public lectures at the Petersburg People's University (Tenishev's courses). He showed particular enthusiasm for his teaching activities in the last years of his life (1919-1927). He taught courses in "applied ethics", "history and theory of the art of speech" (at the Institute of the Living Word), "criminal justice" (at Moscow University), "ethics of the hostel" (at the "Railway Institute"). In addition, he gave a series of lectures at the Museum of the City and sometimes spoke in public for charitable purposes. The activity of A.F. Koni during that period was a real feat in the name of love for his people.

In January 1924, the Academy of Sciences celebrated the 80th anniversary of A.F. Koni with a solemn meeting. In commemoration of this event, a jubilee collection was published. And having stepped into the ninth decade, A.F. Koni tirelessly continued his literary and educational activities: he prepared his unique memoirs for publication, gave lectures. In the spring of 1927, while giving a lecture in a cold, unheated auditorium, A. F. Koni caught a cold and fell ill with pneumonia. They could no longer cure him. September 17, 1927 A.F. The horses were gone.

Thus, the scientific activity of A.F. Horses are of exceptional importance for enlightenment, education and upbringing in beginners and even experienced judicial figures of the moral and psychological principles of legal proceedings. His works devoted to the importance and foundations of forensic technology, forensic psychology and forensic ethics, and to this day serve the cause of strengthening the rule of law, the development of legal culture, and the protection of individual rights.

1.3 Cases A.F. Horses of historical significance

One of the first cases in which A.F. Koni acted as a prosecutor in Kharkov, there was a case of beatings by the provincial secretary Doroshenko to the bourgeois Severin, which caused the death of the latter. The murder of Severin took place on the eve of the introduction of the Judicial Reform of 1864. Doroshenko, using his official position, tried to prevent the further course of events, however, due to publicity in the newspapers and in connection with the complaint of Severin's widow in 1868, a criminal case was nevertheless initiated. Despite the unfavorable situation created in connection with this case by certain circles in Kharkov, A.F. Koni boldly pursued his investigation and firmly set aside his findings in the prosecution. As a result, the jury found Doroshenko guilty.

Later, A.F. Koni was just as selflessly led and considered cases, the bulk of which fell on the period of his service as chief prosecutor and senator in the criminal cassation department (1885-1900). Among them, one can single out the case of Vasily Protopopov, the zemstvo head of the Kharkov district, a candidate of rights, who, taking advantage of the dual nature of his power (police service and court), enshrined in the law of July 12, 1889, repaired incredible arbitrariness among subordinates and peasants. An attempt by Protopopov to appeal against the court's verdict, which was rather lenient (dismissal), was suppressed by A.F. Koni, who did not leave a shadow of doubt that the holder of the title of "candidate of rights" actually turned out to be a "candidate of lawlessness." This was the first case of malfeasance of the zemstvo chief. Public attention to him and press responses went far beyond his scope and declared the natural result of the administration's anti-popular policy. The Ministry of Internal Affairs drew its own conclusions: not a single case against the zemstvo chief has since been initiated.

The case of the so-called multan sacrifice was also of historical significance. Eleven peasants of the village "Staryi Multan", Udmurts by nationality, were prosecuted on charges of murder in order to sacrifice to pagan gods. One of them died during the investigation. The court, which examined the case for the first time, acquitted three of the defendants and found seven guilty. The conviction was overturned. At the second trial, the same seven were again convicted. And again, according to the complaints of the defenders, the case was heard in the Senate. Despite the external pressure caused by the interest in the triumph of Orthodoxy over the pagans, A.F. Koni scrupulously checked the case and revealed a number of serious procedural violations committed by the court. A.F. Koni drew particular attention of senators to the fact that the very fact of the existence of the custom of human sacrifice among the Udmurts, disputed by ethnographers and other scientists, did not receive reliable confirmation in the case materials. Establishment of such a custom by an authoritative court verdict would constitute a dangerous precedent. By persuading the majority of the Senate to re-annul the sentence, A.F. The case was considered for the third time by the first instance court, which acquitted all the defendants.

In matters inaccessible to A.F. Koni, he used his connections to achieve acquittal or mitigation of the fate of the convicts (for example, the case of old man Kiryukhin, the case of Chicherin, etc.). In some cases, the actions of A. F. Koni in this direction are striking in their fearlessness. At the end of the 19th century, in the Baltic States, tsarist Russian-speaking officials, in alliance with Orthodox clergy, launched a campaign against Protestant pastors. They were charged with "seduction into non-Orthodoxness", entailing exile to Siberia with the deprivation of all rights of the state. The first on this charge was the case against the elderly Pastor Grimm, after which 55 more similar cases were to follow. Having considered the case in the first instance, the pastor was convicted accordingly. After this, his actions, not without the participation of A.F. Horses, were re-qualified on appeal under another much more lenient article, providing for the first case of temporary removal from the duty station, and for the second - defrocking and surrender under police supervision. However, to this decision, the prosecutor of the Trial Chamber A.M. Kuzminsky submitted a protest to the Senate. A.F. Koni was convinced of the correctness of the decision of the Trial Chamber, and, despite the doubts of the Minister of Justice N.A. Manasein, without waiting for the king's resolution on his letter justifying the above decision, made his conclusion at the hearings of the case and the majority of the senators, after a heated discussion, accepted his point of view. As a result, the protest against the Grimm case was rejected, which was subsequently approved by the king. Thus, A.F. Koni prevented the political consequences of turning pastors into martyrs for the faith, as well as expressions of violent resentment towards the government on the part of the local population, which would certainly turn all their sympathies to the persecuted. One more case should be noted - the case of the crash of the royal train in Borki, which occurred on October 18, 1888. The leadership of the investigation of this case was entrusted to A.F. Koni, despite the fact that his competence did not include supervision of the preliminary investigation. And here, tirelessly striving for the truth, A.F. Koni did not miss the opportunity to make powerful enemies. He concluded that the main culprits in the disaster were major railway officials and board members of the joint stock company that owned the railway. The king pardoned the guilty. But the number of enemies in the court environment among A.F. Koni did not diminish from this. Thus, all cases investigated and supported by the prosecution represented by A. F. Koni, testify to his principled position, consistency of beliefs and actions. Defending the principles of justice, humanity, freedom of conscience, religious tolerance and other democratic principles dictated by a high level of morality, and neglecting any goals other than ensuring the rule of law, A.F. Koni acted without looking back and did not pay any attention to pressure from officials and other interested parties.

2. The power of the oratory of A.F. Horses

2.1 The image of a court speaker

Since ancient times, theorists and practitioners of oratory, communication specialists have attached and still attach great importance to the moral position of the speaker. A.F. Koni attaches particular importance to moral principles in the activities of a judicial orator, which is the subject of his article "Moral principles in criminal proceedings." The main idea of ​​this article is the adversarial beginning of the process, nominating the prosecutor and the defense attorney as necessary assistants in the investigation of the truth, whose combined efforts highlight different, opposite sides of the case and facilitate the assessment of its details. At the same time A.F. Koni focuses on the moral foundations of permissible (unacceptable) behavior in court hearings, the measure of which is the achievement of the lofty goals of the judicial protection of society and, at the same time, the protection of the individual from unjust accusations by exclusively moral methods and techniques.

In his article A.F. Koni singles out such basic ethical norms that regulate the behavior of a judicial speaker in judicial pleadings and, accordingly, that make up his image, as a respectful and conscientious attitude towards the court, respect for the procedural opponent, as well as a correct attitude towards all other participants in the process, including the victim. and the defendant. This is evidenced, first of all, by the following statement by A.F. Koni: "The judicial statutes give the prosecutor lofty instructions, indicating to him that in his speech he should neither present cases in a one-sided form, extracting from it only the circumstances incriminating the defendant, nor exaggerate the value of evidence and evidence or the importance of the crime ...".

In other words, the prosecutor does not have the right to always and under any circumstances accuse at any cost. The law and professional ethics require the prosecutor to drop a charge if it has not been confirmed at the trial.

In emphasizing the special importance of the rule of good faith in the court in the defense speech of the lawyer A.F. Koni. notes such characteristics of the defender as "armed with knowledge and deep honesty, moderate in methods, disinterested in material terms, independent in convictions, steadfast in his solidarity with his comrades." At the same time A.F. Koni emphasizes that the defender “... is not a servant of his client ... He is a friend, he is an advisor to a person who, in his sincere conviction, is innocent at all or not at all, and not guilty of how and what he is accused of. Not being a servant of the client, however, in his public service, he is a servant of the state ... ”. In other words, the rights and legitimate interests of the client are above all for the lawyer, however, strict adherence to the norms of professional ethics should keep him from trying to deceive the court. Defending the legitimate interests of the client, the lawyer must oblige to act by legal means and help the client to behave himself properly.

It should also be noted that A.F. Koni in his article, emphasizing the practical significance of the prosecutor-prosecutor's service to the most important state task of protecting society, relying on the words of the famous Moscow Metropolitan Filaret about Christian love and condescension to the criminal, notes: moral traits of the Russian people, there is no reason to treat the defendant differently. And this should inevitably be reflected in the forms and methods of the accusatory speech, not in the least weakening its legal and factual evidence ”.

To the main features of the typical image of a judicial orator (represented by the prosecutor-prosecutor) A.F. Koni attributes "calmness, lack of personal bitterness against the defendant, the neatness of the prosecution's methods, alien to both the excitement of passions and the distortion of the case data, and, finally, which is very important, the complete absence of acting in voice, gesture and way of behaving in court." Complementing this image, A.F. Koni emphasizes: “To this must be added the simplicity of the language, free, in most cases, from pretentiousness or loud and“ pitiful ”words. The best of our judicial orators have understood that in the pursuit of truth, the deepest thoughts always merge with the simplest word. "

It is interesting to note the fact that the image of the current judicial speaker is, to put it mildly, far from ideal. There are a lot of employees who know oratory, both in district and regional prosecutor's offices.

In this regard, the issue of conducting educational methodological work in relation to state winners is relevant, in the solution of which the works of A.F. Horses dedicated to the adversarial principle in the Russian (Soviet) criminal process.

Thus, the image of a judicial speaker according to A.F. Koni is determined by his central position in the conflicts of law and morality, and incorporates such characteristics as a guardian of the law, a highly moral personality, a model of civic and morality for everyone with whom he has to communicate, and, accordingly, moral and social responsibility, honesty, competence, and decency. Legality and morality - this is the spiritual atmosphere in which a judicial orator (lawyer) should operate.

2.2 Features of the court speech

Russian Society Koni A.F. known in particular as a judicial orator, the art of which he mastered during the period of his prosecutor's activity. The courtrooms where A.F. The horses as a prosecutor were filled to capacity by the public, and the content of his speeches was so logical and evidential that the court most often sided with him. The reason for this success is Koni A.F. due to his personal qualities.

In this regard, the statement of Academician S.F. Platonov, whom he characterized A.F. Horses on his 80th birthday. “Nature,” he said, addressing the hero of the day, “has given you a special ability to build speeches beautifully and powerfully, and a broad, exceptionally broad education enriched this speech with images of poetry and sparks of philosophical thought, one might say, of the whole world. But the inner strength of the educational edification hidden in your word did not suffer from this elegant attire, but only increased, the mental pleasure that people endured from communicating with you. " Those who happened to listen to A.F. Horses, noted the originality of his speeches, the lack of a template.

In the personal archive of A.F. Koni has preserved many different notes about the art of oratory, on the problems of which he worked all his life. So, in the note "The content of speech in form and methods" (1927), the following individual phrases are noted: "logic is a premise. Teza ”,“ consistency, stiffness of the listener and speaker ”,“ images. Independent creativity "," inspiration "," external instrument of speech. Mimicry and gesture. Signal and symptom of mental movements. Childish gesture. The contagion of the gesture for the crowd ... ”. “You don’t need to swing very much, as if you row with an oar, or clench your hands in fists, or push your hips.”

Regarding the court speeches of A.F. It was customary for horses to say: "These speeches cannot be imitated, but you need to learn from them." It is also noteworthy that he, the prosecutor, does not put pressure on the judge, does not smash the defendant, but only skillfully groups the evidence, analyzes them, eliminates possible doubts, and from his convincing speech gradually the guilt of the defendant becomes obvious and indisputable.

Speeches of Koni A.F. have always been distinguished by a high psychological interest, which developed on the basis of a comprehensive study of the individual circumstances of each given case. He assessed the character of a person who fulfilled his will in a crime not only from the side of external layers, but also took into account the special psychological elements that make up the “I” of a person. A.F. Koni clarified the influence of these elements on the emergence of a given will, carefully noting the degree of participation of favorable or unfavorable living conditions of a given person, thereby finding the most optimal material for a correct judgment about the matter.

The power of the oratory of A.F. Horses manifested itself in the fact that he was able to show not only what is, but also how it was formed. This is one of the strong and noteworthy aspects of his talent as a court speaker.

Speeches of Koni A.F. have always been simple and foreign to rhetorical adornments. His word justifies the fidelity of Pascal's dictum that true eloquence laughs at eloquence as an art that develops according to the rules of rhetoric. In his speeches, Koni A.F. did not follow the methods of ancient orators, who sought to influence the judge through flattery, intimidation, and generally arousing passions. His moderation, however, did not exclude the use of caustic irony and harsh assessment, which made an indelible impression, especially on those who caused them. The sense of proportion, expressed in his words and methods, finds its explanation in the fact that in him, as KK Arseniev justly remarked, the gift of psychological analysis is combined with the artist's temperament.

Thus, the court speech of Koni A.F. was built on the basis of a thorough all-round analysis of the everyday situation and the personality of the defendant, a truly humane attitude towards him and, accordingly, possessed clarity, consistency, accuracy, expressiveness, brevity, relevance, sincerity. The abundance in his speeches of images, comparisons, generalizations and apt remarks that gave them life and beauty, the original manner of expressively, boldly and gracefully expressing his thoughts, determine the aesthetically perfect style of A.F. Horses, allowing him to turn his speech into a mesmerizing piece of art every time.

The most important communicative quality of A.F. Horses are their expressiveness, the most common means of which are speech paths (epithets, metaphors, comparisons) and figures (repetition, inversion, antithesis, gradation).

Let us consider their application on the example of the case of drawing up a forged spiritual will on behalf of the deceased captain of the guard Sedkov (1875). So, in the introductory part of his speech, A.F. Koni notes: “... The case in which you have to pronounce the verdict differs in some characteristic features. It is the fruit of the life of a big city with a huge and diverse population, it is the creation of St. Petersburg, where a certain layer of people developed ... ". In this case, his favorite metaphor “fruit” is used, which is a means of emotional impact on listeners, a means of revealing the meaning, a means of accurate, capacious and concise transmission of the speaker's thoughts.

And then A.F. Koni continues: "This stratum includes not only the defendants, but also the late Sedkov - this experienced and honored usurer ... and even some witnesses." This statement contains such an epithet as "honored usurer", which serves as an evaluative definition that conveys the speaker's attitude to the person in question.

In the main part of his speech, A.F. Koni notes: “Each crime committed by several persons by prior agreement is a whole living organism with hands, heart and head. You have to determine who in this matter played the role of obedient hands, who represented the greedy heart and the head that thought and calculated everything. " In this part of speech, a figurative comparison ("crime ... a living organism") is used, through which the speaker conveys his feeling, mood, expressive assessment of the subject of thought, expresses the perception of the world and attitude towards people.

The most common rhetorical figure in the speeches of A.F. Koni is a repetition that gives dynamics and rhythm to speech. Its most common form in the accusatory speeches of A.F. Koni is anaphora (repetitions at the beginning of a phrase). So, in the main part of the speech under consideration A.F. Koni notes: "He alone carried the dirty work, he alone had the right to everything that was acquired by him after the wedding."

Very characteristic of A.F. Koni is the use of such a speech figure as inversion, first of all, as a way of emphasizing meaning that is important for the speaker. So, in the introductory part of his speech on the case of forgery of a receipt in 35 thousand rubles in silver on behalf of Princess Shcherbatova A.F. Koni notes: "... Crimes belonging to the category of various forgeries are distinguished ... by one sharp characteristic feature: ... the accused become more or less in a clearly hostile attitude towards the victim." In this case, the inversion is presented in the form of a permutation of the definition and the defined word within a simple sentence ("to the victim's face").

In the speeches of A.F. Koni is widely used antithesis (opposition of compared concepts) to characterize any phenomena, provisions, the criminal act itself. So, in the case of drawing up a forged spiritual will on behalf of the deceased captain of the guard Sedkov, in the introductory part of his speech, A.F. Koni notes: "All of them ... are not deprived of the means and ways to honestly defend themselves from the dock ... And all of them were brought to the dock by greed for other people's, unearned money." In this case, by means of the antithesis, the possibility of the defendants to earn money by honest labor and self-interest in other people's unearned money is opposed.

Gradation has great expressive power - a stylistic means consisting of two or more units, arranged according to the increasing intensity of action or quality. This allows you to recreate events, actions, thoughts and feelings in development. In the speech of A.F. Horses in the case of the drowning of a peasant woman Yemelyanova by her husband, the gradation creates a characterization of Yegor Yemelyanov's wife: "So, this is what a person is: quiet, submissive, sluggish and boring, most importantly, boring."

It should also be noted that A.F. Horses are methods of dramatization based on various methods of dialogizing speech (question constructions, quotations, etc.). So, in the main part of his speech on the murder of Hieromonk Hilarion A.F. Koni notes: “Why then, if he wanted to see Father Hilarion, did he not go to him as soon as he left the railway? Why did he go exactly at 6 o'clock, when there is no one in the corridor and cannot be? I think because he needed to find Father Hilarion alone. " In this case, A.F. Koni dialogized using a question-and-answer construction. In the main part of her speech on the case of the drowning of the peasant woman Emelyanova by her husband A.F. Koni focuses on the words of the defendant: "Are you going?" - he shouts at his wife, calling her with him; “Hey, come out,” he knocks on the window, “come out,” he shouts to Agrafena imperiously. Then A.F. Koni concludes: "This is a man accustomed to dominate and command those who obey him." In this case, Koni A.F. creates accurate characteristics of the defendant, using quotations, reproducing precisely those words in which the most significant features of his personality are clearly manifested.

Thus, the artistic techniques used by A.F. Horses are based on an optimal combination of figurative means (comparisons, metaphors, etc.) and rhetorical figures (antitheses, repetitions, etc.), due to which his speech is sufficiently and coherently developed in all its parts (introduction, main part, conclusion). All this contributes to their exposure in true works of art, thereby providing an effective solution to the problems associated with the process of persuasion.

2.4 Typical techniques for preparing and constructing speech

Judicial speech, by the nature of the preparation, is distinguished by the possibility of preliminary recording. On this occasion, A.F. Koni expressed himself as follows: "I, who have never written speeches in advance, will allow myself, as an old judicial figure, to tell young leaders: do not write speeches in advance, do not waste time, do not rely on the help of these lines written in the silence of the cabinet." A.F. Koni did not advise writing down the entire text, since the case may change in court and the written speech will be unusable from beginning to end.

Here is what A.F. Koni: “Having familiarized myself with the case, I proceeded ... to the mental construction of a defense, putting forward sharply and definitely all the doubts that might arise and might arise in the case, and decided to support the prosecution only in those cases when these doubts were destroyed by intense meditation and on the ruins they were firmly convinced of their guilt ... After ... I began to think in images ... ".

Based on the texts of speeches by A.F. Horses given according to 2.3, one can note a number of his characteristic techniques used in the course of his direct speech in the courtroom.

In the introductory part (in the course of establishing contact with the audience, creating favorable conditions for the perception of speech, adopting the main provisions and conclusions of the speaker) A.F. Koni used such an effective technique as drawing attention to characteristics cases (its distinctive features, allowing you to immediately actualize the problem, emphasize the complexity of the case, set up the audience in a certain way).

In addition, A.F. Koni resorted to a direct description of the picture of the crime, which facilitated the transition to the main part and made it possible to immediately state the controversial point. For comparison, one can cite the techniques used by other speakers in their opening remarks: assessment of the moral and ethical significance of the case, presentation of the speech program, etc.

2 When describing the main part (in the course of presenting the factual circumstances of the case, analyzing and evaluating the collected evidence, characterizing the personality of the defendant and the victim, justifying the qualification of the crime, etc.), the following characteristic techniques should be noted:

a mixed method of presenting the circumstances of the case with elements of chronology (indicating the way to clarify the circumstances) and systematization (describing the circumstances in the sequence in which they are presented to the prosecution);

a critical analysis of evidence based on the difference between the concepts “did” and “guilty”, which provides for the consideration of attention on the everyday side of the case, the practical conditions of the community, dominant views, the influence of the environment, etc., a description of the moral environment in which the personality of the defendant was formed;

a description of the psychological portrait of the victim, the victim and another person related to the case, for the most prominent characterization of the defendant

In the final part (summing up the results of the trial) A.F. Koni uses such a characteristic technique as the logical (close) connection of his final part of the speech with other parts of the accusatory speech.

Thus, A.F. When preparing his speech, Koni first, through intense reflections from logical, everyday and psychological positions, determined for himself the indisputable guilt of a person and, accordingly, possible mitigating circumstances, calculating for himself the possible scenarios for the development of events in the courtroom. And then, directly during the consideration of the case, being capable and disposed to improvisation, he defended his position using “favorite” and original techniques.

court session horses speech

Conclusion

Guided by the goals and objectives set at the beginning of this work, the following conclusions can be drawn:

Personal portrait of A.F. Horses make up his broad education, strong analytical mind, meticulousness and meticulousness, sensitive, always restless conscience, especially picturesque and imaginative sense of the world. All this served him as a reliable support in his struggle for justice and truth and throughout his life allowed him to defend the holiness of the law in the highest sense of the word and just justice.

All scientific and literary work of A.F. Horses. In his writings, he attached particular importance to the principle of adversariality, based on the positions of morality and the equality of the rights of the parties to defend their opinions before the court. This principle determines the image of a rhetorical ideal, the most important features of which are special tact and endurance, fair and humane treatment of all participants in the process.

A.F. Koni was an impeccable master of words, shone with the grace of a syllable, knew the value of a spoken word. His speeches were of an improvising nature and were based on a deep comprehensive analysis of the situation and the psychological background of its occurrence, thanks to which they possessed exceptional clarity and intelligibility, a special artistic expression and poetry. A.F. Horses with their speeches not so much attracted those to whom they were addressed, as mastered them.

Thus, the power of the oratory of A.F. Horses are his outstanding personal qualities, focused on the highest moral ideals, in accordance with which he fought against the contradictions of arbitrariness and legality, immorality and morality, violence and individual rights, etc. Such contradictions are inherent in our time, and their overcoming is one of the most important tasks of our time, in the solution of which the spiritual heritage of A.F. Horses can play an invaluable role.

List of sources and literature used

1. Smolyarchuk V.I. Anatoly Fedorovich Koni. - M .: Publishing house "Science", 1981. - 216 p.

Russian court speakers in famous criminal proceedings of the 19th century Compiled by I. Potapchuk. - Tula: Publishing house "Autograph", 1997. - 816 p.

Koni A.F. Selected Works and Speeches. - Tula: Publishing house "Autograph", 2000. - 550 p.

Vvedenskaya L.A. Rhetoric for Lawyers: Textbook by L.A. Vvedenskaya, L.G. Ed. 5th. - Rostov n / a: Phoenix, 2006 .-- 576 p.

Koni A.F. Selected works: In 2 volumes. Vol. 1. - M., 1959 .-- 78 p.

Demidov V., Saninsky R. Effectiveness of public prosecution / V. Demidov, R. Saninsky // Legality. - 2004. - No. 8. - S. 19-21.

Fundamentals of judicial eloquence (rhetoric for lawyers): Textbook by N.N. Ivakin. Ed. 2nd. - M .: Jurist, 2007 .-- 464 p.

Koni A.F. Collected works: In 8v. T.3. - M., 1967 .-- 355 p.

Koni A.F. Collected works: In 8v. T.4. - M., 1967 .-- 543 p.

Smolyarchuk V.I. A.F. Horses and his entourage: Essays. - M .: Legal Literature, 1990 .-- 400 p.

February 9, 1844 in St. Petersburg in the family of the literary and theatrical figure and teacher of the history of the Second Cadet Corps Fyodor Alekseevich. Horses and actresses Irina Semyonovna Yuryeva's second son, Anatoly, was born.
His father is Fedor Alekseevich. Koni (1809-1879) was the son of a Moscow merchant, received a fairly good education.
As a student of the medical faculty of Moscow University, he simultaneously attended lectures at the faculty of speech, as a result of which he developed a great interest in literature and especially in drama. Even then F .. Koni translated from French the drama of Victor Duconge "The Death of Kalas", which in 1830 was staged on the stage of the Moscow Imperial Theater. The success of the play was noticed by the director of the imperial theaters F. Kakoshkin, whose advice prompted F. Horses devote themselves to dramatic literature and the study of theory and history of art.
In 1836 F. Koni moved from Moscow to St. Petersburg, where he held the position of a history teacher in the Second Cadet Corps. Here F. Koni wrote his great work "The History of Frederick the Great" for which later the University of Jena elevated him to the degree of Doctor of Philosophy. However, F .. Koni's main occupation was journalism. He edited and published Literaturnaya Gazeta and the Repertoire and Pantheon magazine. He wrote the fundamental book "Russian theater, its fate and its historians." Vaudeville F. Horses were repeatedly published during the years of Soviet power.
Mother of Anatoly Fedorovich. Koni Irina Semyonovna Yurieva, on the stage of Sandunov (1811-1891), - an actress and writer - was born into the family of a landowner of the Poltava province. In 1837, under the influence of his relative, the famous writer A.F. Veltman, she published her collection of stories. Soon after that, she entered the imperial stage - first in Moscow, and then in connection with marriage in St. Petersburg, where she performed on the stage for more than 15 years, talentedly performing mainly comic roles. Irina Semyonovna collaborated in Literaturnaya Gazeta and other publications, published a number of stories.
Koni's godfather was a famous writer, the first Russian historical novelist I.I. Lazhechnikov, he was familiar with A.S. Pushkin, who welcomed his literary activities.
In a family where the best representatives of theater and literature of the 40-50s of the 19th century often visited, Anatoly learned to love the artistic word and gained faith in art and literature. From his mother and father, he inherited literary talent, a serious attitude towards the theater, love and respect for its figures. Young. Koni met with Nekrasov, Grigorovich, Polonsky and many prominent writers of that time. Frequent family guests. Horses were famous artists, painters, journalists.
Father and mother A. Koni were people full of love for enlightenment, who absorbed the idealism of the 40s of the last century.
Anatoly received his primary education at his parents' house. Both mother and father raised their children, treated them demandingly, instilled in them respect for independent work, respect for elders. Remembering the years of his childhood, AF Koni cites the following episode: “We lived with Fock's footman. A man of immense growth. He loved me extremely and in his spare moments he explained to me the laws of physics and mechanics in his own way, trying to confirm his words with experiments, which, however, were always unsuccessful. I can't remember on what occasion it seemed to me that he offended me, and I, in the heat of anger, called him a fool. Father heard this from his office and, leaving, painfully punished me and then called Foku, ordered me to kneel down in front of him and ask for forgiveness. When I did this, Foka could not stand it, he also fell on his knees in front of me, we both hugged and we both sobbed for the whole house. "
Carried away by the teachings of the German philosopher Kant, F.A. learn to behave; become morally stable. All this was instilled in the young man. The main goal of education was to teach children to think.
From 1855 to 1858 Anatoly studied at the German school at the church of St. Anna on Kirochnaya street of St. Petersburg and received mainly such marks: "good", "very good", "pretty good". In 1856, with excellent behavior, he received 14 awards, in 1857 - 12.
In 1858 A. Koni entered the fourth grade of the second St. Petersburg gymnasium.
At first, studies in the gymnasium went with some tension and unevenness, but later it got better, and in 1859-1861. knowledge in all subjects was assessed as "excellent". By decision of the Gymnasium Council. The horses were awarded meritorious certificates - "Diplomas of the first dignity". The letters stated that they were issued for "presentation to parents."
Anatoly combined his studies at the gymnasium with an in-depth study of the history of Russia, he was interested in Russian and foreign classical literature, participated in the publication of the manuscript magazine "Zarya". But most of all he was interested in mathematics. Many gymnasium students went to him for consultations, and in the last year of his studies at the gymnasium, Anatoly had students in mathematics.
The director of the second St. Petersburg gymnasium, Nikita Vlasov, introduced the students to the works of the outstanding writers Goncharov, Turgenev and others. For those who needed it, N. Vlasov helped to get lessons as tutors or preparers for those entering the gymnasium.
With warmth AF recalls. Horses of teachers who had a great influence on the schoolchildren, and among them the beloved history teacher V.F. Ewalda: “His kind and somewhat mocking attitude towards the students was combined with a fascinating presentation of the subject. We waited for his lesson and listened to him with a joyful feeling. "
As a high school student, A. Koni attended lectures by famous professors of St. Petersburg University, eagerly followed the national and foreign literature... “Entering my youth (16-20 years old) coincided for me,” he writes. Horses - with an amazing flourishing of Russian literature in the late 50s and early 60s. " At the beginning of his life, Anatoly Fedorovich was fond of the works of the older generation of Russian classics, and then for many years he was friends and often met with them.
In his gymnasium years, Anatoly eagerly read the works of I.S. Turgenev, who played according to his words. Koni, "an influential role in the mental and moral development of people of my generation." Before Turgenev, the young generation in Russian cities - the children of officials, merchants, people of the free profession - had a vague idea of ​​the people, Russian peasants and their disenfranchised conditions of life. Turgenev, with his "Notes of a Hunter", and after them Nekrasov, with his poem "Who Lives Well in Russia", introduced these young people to the "sower and keeper" of the Russian land, made it possible to look into his soul and appreciate the quiet light that burns in it, understand and love him. "
It can be unmistakably asserted that Anatoly Fedorovich's love for Pushkin and the Russian language appeared as a result of strong influence from Turgenev and Nekrasov.
"Having dedicated his work" The Moral Image of Pushkin "to the immortal genius of Pushkin, A. .. Horses already at a young age realized that Pushkin was filled with genuine feelings and a search for truth, and in life, truth is manifested primarily in sincerity in relations with people, in justice handling them. A. Koni followed this principle all his life. "
No less influence on Anatolia. Koni provided I.A. Goncharov. “With the thought of Goncharov, A. Koni will say already in his mature years, - I associate a noble recollection of the impressions of my youth in unforgettable times for Russian literature, when at the end of the fifties, like from a cornucopia, wonderful works of art poured down, when they appeared“ Noble Nest "and" On the Eve "," A Thousand Souls "and" Oblomov "," Bitter Fate "and" Thunderstorm ".
According to. Koni, Goncharov, strove to portray the true nature of the Russian person, his national properties, regardless of social status.
During the years spent in the gymnasium, Anatoly was enriched with a variety of knowledge. He began to think about his further education. Tutoring was convincing. The point is that mathematics is his lot.
“In May 1861, several pupils of the Second Petersburg Gymnasium decided to leave the sixth grade of the gymnasium and enter Petersburg University. Even as high school students, many of them went to the brilliant readings of the famous Russian historian N.I. Kostomarova and in their dreams were already within the walls of the university. " About the lectures of N.I. Kostomarov, Anatoly Fedorovich has the best memories. In 1925, in a letter to academician S.F. He wrote to Platonov: “As a schoolboy in 60 and then a student of the Faculty of Mathematics in 61, I went eagerly to listen to his fascinating lectures, rich in images and quotations, and then after the closure of the University I listened to his public lectures on John IV in the hall of the City Duma ... When, already in Moscow, in 63, I read the announcement of the entry into the light of the "North Russian Narodopravstv", I was so eager to have this book that, despite my meager student life, I subjected myself to great hardships, so that in two months I would have the joy of plunging into her reading. These were unforgettable hours; and to this day, looking at her, standing in the closet in front of my desk, I look at her as a faithful friend of my youth, and Kostomarov himself rises in front of me as if he were alive. "
In order to enter the university ahead of time, it was necessary to take the exam as a person who received home education, in a special test commission. For seven days they had to hold exams in all subjects of the gymnasium course, choosing any days for this. The exams were taken by the gymnasium teachers, but under the chairmanship of university professors. According to the results of the exams, AF Koni was enrolled as a student at the Faculty of Mathematics in a purely mathematical category.
In December 1861, St. Petersburg University was closed indefinitely due to the unrest of students. By this time A. Koni managed to listen to no more than 20 lectures on mathematics. Doing math on your own, at home, was not easy, and. Koni began to think about moving to another faculty. Once in the family of his acquaintances, he met with two lawyers who served in the department of the Ministry of Internal Affairs. Both of them were distinguished by very liberal views and were captured by the ideas of the upcoming judicial reform. This meeting deeply sunk into Anatoly's soul and made him doubt the correctness of his father's recommendations regarding studying at the Faculty of Mathematics. He was more and more inclined to leave mathematics. In A.F. Koni's notes for 1912 there is such a confession: "In the gymnasium, I did a lot of mathematics, I assured myself that I love it, mixing hard work with ability."
In connection with the closure of St. Petersburg University, professors of the Faculty of Law and Philology were allowed to open a number of public courses through a special organizing committee. But they were soon banned. The search for legal books began. There were no such books in my father's library. In the bookshop on Liteiny. Koni acquired the work of the famous professor DI Meyer "Russian civil law. Common part." Many years later, Anatoly Fedorovich will note in his memoirs: "This book decided the fate of my further studies, and the owner of a small shop ... was the unconscious culprit in my becoming a lawyer."
In the summer of 1862 the Ministry public education announced that St. Petersburg University will not be open in the next academic years. Not wanting to waste time. Koni decided to enter another university, and the choice fell on the Moscow one. Lectures at public courses finally strengthened Anatoly's determination to become a lawyer, and in August 1862 he enrolled in the number of second-year students of the law faculty of Moscow University.
Here A. .. Koni completely went into science. The future lawyer sought to enrich himself with a variety of knowledge. While living in Moscow, Anatoly established contacts with literary and theatrical figures who knew his parents well. Classes at the university helped. Horses acquired solid legal and philosophical knowledge, and personal acquaintances with cultural figures kept him keenly interested in various phenomena of moral, social and state life.
Moving to Moscow gave Anatoly the opportunity to gain complete independence: he lives in a private apartment, renting a room, his father categorically forbids sending him money for expenses.
Recalling this, AF Koni wrote: “The desire to“ stand on my own feet ”and not be obliged to anyone for my livelihood was quite widespread in my youth and was carried out by some with extreme consistency and without any concessions. This direction also captured me, and, starting from the sixth grade of the gymnasium, I began to live by my own labor, doing translations, giving lessons and stubbornly refusing the modest help that my father could give me. " So Anatoly Fedorovich gave lessons in history, literature, botany, physics, anatomy and physiology to the daughters of staff general Shlykov for three years, and all this did not prevent him from successfully studying. He was interested in everything: the content and significance of the educational material, the methodology of the lectures, and most importantly, the philosophical orientation of both the lectures and the lecturers, who were the Delighted. Horses professor at Moscow University.
Already after the death of A.F .. Koni, academician S.F. Platonov wrote that “Chicherin's influence on the young. Horses was a decisive moment in the creation of his spiritual makeup, which determined the outlook of Anatoly Fedorovich and the principles of his behavior in the service and private life. "
Boris Nikolaevich Chicherin, recalls. Koni, "read us an extensive course on state law, which later entered his" Course in State Science ", representing a whole series of sublime pages, from which an ardent and convinced preaching of humanity, justice and unconditional justice flows."
He responded with the same enthusiasm. Koni and the extensive course "History of Political Teachings" read by Chicherin at the Faculty of Law. These lectures are titled. Horses "a kind of revelation of universal human ideas", in his words, thoroughly introduced students "to philosophy in general in the person of its most important representatives."
The peculiarity of B.N. Checherina as a scientist. Koni believed that he steadily walked his own path, exerting a powerful influence on young minds.
BN Chicherin was one of the leaders of the liberal-western wing in the Russian social movement. He was sharply negative about the activities of the revolutionary democrats. In 1858 Leaving for London for negotiations with AI Herzen about changing the direction of the magazine "Free Russian Propaganda". However, the attempt to persuade Herzen to make concessions to liberalism ended in a complete break between Herzen and Chicherin. This gap became a stage in the demarcation of liberalism and democracy in Russian social thought in the second half of the 19th century.
As you know, Chicherin characterized the peasant reform of 1861 as "the best monument of Russian legislation," and considered autocracy the best form of state for Russia.
Anatoly Fedorovich shared many of these beliefs of his teacher. He really had great sympathy for B.N. Chicherin, was in friendly correspondence with him, and after his death with his wife. AF Koni dedicated the fourth edition of his "Judicial Speeches" to the memory of Chicherin.
Nikita Ivanovich Krylov. Koni called him "the most outstanding professor at the Faculty of Law," and the memories of him he considered indelible. He inextricably linked the image of Krylov with Moscow University and with the best moments spent within its walls. It is no coincidence that his first large work "Judicial speeches 1868-1888." AF .. Koni dedicated him to his memory. According to. Horses, students considered N.I. Krylov "professor-poet", because. he brought a vivid historical coloring to the exposition of the dogmas of Roman law, which gave his lectures a liveliness.
The course of civil proceedings was taught by K.P. Pobedonostsev - the future chief prosecutor of the Holy Synod.
AF Koni believed that from Pobedonostsev's lectures the students took out a clear understanding of the tasks and methods of true justice in the post-reform era. Could I then think, - wrote A.F .. Koni, that in a quarter of a century after that the same Pobedonostsev, to whom I took great sympathy from the University, as to my professor, would speak to me with contempt “about that cuisine, in which prepared judicial statutes "and, having become my influential detractor, will complain that I" put a stick in the wheels of the missionary activity of the Orthodox department with my public chief - prosecutor's opinions on religious crimes, the cases of which reached the cassation department. "
Professor V.S. Soloviev is fully armed with theological knowledge, according to his words. Koni, struck by his erudition and deep penetration into diverse and hard-to-reach sources of knowledge. Koni shared the moral side of the concept of V.S. Solovyov and highly appreciated his work "Justification of Good", which, in his opinion. Koni, was "an integral and systematic presentation of his views on the content and tasks of moral philosophy."
You can also talk about the influence on the young. The horses of such famous legal scholars as A.D. Gradovsky, V.D. Spasovich and others
As a student A.F .. Koni often attended literary evenings at which Nekrasov, Dostoevsky, Pisemsky, Maikov, Anukhtin and others performed. He was a constant participant in the meetings of the Society of Lovers of Russian Literature, where, according to him, all thinking Moscow gathered. At the meetings of this society. Horses listened to Odoevsky, Pogodin; in the house of M.S.Shchepkin, he met with A. Maikov and many prominent figures of the Russian theater of that time.
Even in his student years, Anatoly Fedorovich. Koni begins to carefully study the works of the German philosopher Immanuel Kant: "Criticism of Practical Reason" and others. "In adulthood. Koni repeatedly refers to the philosophical concepts of Kant, finding "the bursts of powerful thought" in him "in all later teachings about the manifestations of the human spirit." in his place in this case. " Undoubtedly, the high appraisal of Kant, this, according to his words. Koni, "Peter the Great of Modern Philosophy," is connected with the fact that the main category of Kant's ethics, the "categorical imperative", serves as a kind of justification for equality in the field of morality, and the denial of an assessment of the moral merits of a person in his practical deeds speaks of Kant's rejection of a narrowly utilitarian understanding of morality, a prudent practicality and the mercenary spirit of bourgeois society. "
The works of positivists, which became widespread in Russia in 1860-1870, also had a certain influence on the formation of the world outlook of a law student who was striving for philosophical knowledge. - the pessimistic philosophy of Schopenhauer and then Hartmann became. "
In his student years, Anatoly Fedorovich communicated with students and teachers not only within the walls of the university classrooms. So from the former Petersburg students who moved to study in Moscow, a friendly circle was formed, consisting mainly of students of the philosophy faculty. A member of this circle was, in particular, a student of the history faculty of Moscow University V.O. Klyuchevsky, who soon won the respect of his comrades. Disputes were mainly conducted around certain historical phenomena in relation to Russian reality. But this was the only circle in which A. Koni took part. This circle, of course, did not set any political goals, and nevertheless, participation in it had an impact on the formation of AF Koni's worldview.
The socio-political situation in Russia, of course, could not but leave its mark on the consciousness of the young man. Anatoly's university years coincided with a series of reforms by Alexander II. As a result, the peasant reform of 1861 freed more than 22 million landlord peasants, but the reform retained large land ownership and a number of other attributes of serfdom. The peasantry responded to it with numerous unrest. In 1864 Zemskaya and Judicial reforms were announced, 1860-1870. Military reforms have been carried out. All this was a movement along the path of transformation of the feudal monarchy into a bourgeois monarchy. More favorable conditions were created for the development of capitalist relations both in industry and in agriculture.
The aspirations and interests of the peasants expressed the revolutionary democratic trend in the social movement of Russia, represented by the commoners. On the whole, the student body played a progressive role. It was not unified either in social composition or in political views, but it was disposed in opposition to the government. The anti-government movement of students at Moscow and St. Petersburg universities has become very widespread. In the student environment, the activities of the Russian revolutionary democrats: Chernyshevsky, Ogarev, Dobrolyubov, and others won more and more sympathy. An underground revolutionary movement arose in Russia.
Anatoly, a student at the Faculty of Law of Moscow University, was a witness to all this. Koni, about whom many years later his contemporary and colleague in science and literature, academician S.F. Platonov will say: “Born in 1844, Anatoly Fedorovich became a youth by 1860 and it was in this era that he matured as a person with a well-known character under the influence of the entire set of everyday conditions of that time, in the circle of those thoughts and feelings that guided the ideological life of those years ... Gentle, but stable and very definite in his tastes and views, impressionable and receptive, hardworking and inclined to systematize his knowledge. Even in his youth, Koni was distinguished by the breadth of intellectual interests and the subtlety of understanding people and their relationships, which he proved by the brilliant characteristics of his professors, colleagues in the judicial department and many writers. But he was what was called at his time an individualist, and was not suitable for any circle catechism, or for herd performances as part of a crowd that was carried away by the movement. He remained such an individualist all his life and constantly kept himself alone, regardless of any social and political groupings. Such was nature. Horses. She turned into a bright and beautiful character under the influence, firstly, of the environment in which he was brought up, and secondly, of the era in which he began his life. "
“The son of a man of the 40s, Anatoly Fedorovich, became a man of the 60s, which, in his words,“ contained a universal renewing power, ”and this attracted his attention. The 1861 Manifesto on the Emancipation of the Peasants and the subsequent reforms in other areas of life, in particular the Judicial Reform of 1864, captivated the young lawyer. He embraced the great principles of law, justice and freedom that permeated the lectures of his favorite teachers, but he did not interfere in public, not always legal struggle and concentrated his energy and abilities on the embodiment of the new legality and high principles of humanism in the sphere of his official activities. In the reforms of Alexander II, he saw the "renewing force" of social transformations. They captivated him so much that they became the central highway on his life path. "

At the beginning of his career. Koni had secretarial positions in the judicial chambers of St. Petersburg and Moscow. He quickly mastered his duties, clearly fulfilled them, and on the recommendation of the then prosecutor of the Moscow Judicial Chamber D.A. Rovinsky, at the end of 1867, he was appointed assistant prosecutor of the Moscow Judicial District. His appointment to Kharkov coincided with the period of the abolition of the old court and the implementation of the Judicial Reform of 1864. Among the new colleagues, there was his university friend S.F. Moroshkin, who also held the position of assistant prosecutor. Anatoly Fedorovich was very friendly with the family of Moroshkin, especially with his sister Nadezhda.
A vigorous activity began in Kharkov. Horses on the implementation of ideas and provisions of judicial reform. He studied criminal cases day and night, solved crimes, prepared speeches of accusation, instructed and directed the work of jurors, demanding strict and accurate execution of laws. He established business contacts with prominent scientists in the field of forensic medicine and used their knowledge and experience in solving complex and intricate criminal cases. “The new activity completely pulled me into my depths and made me devote all my strength and time to it,” he writes in March 1868. to understand how much benefit a conscientious figure and especially a lawyer can bring with his work in these provinces ... I have ... a case in 4 volumes on 2200 pages, with 14 accused and 153 witnesses the disgusting consequences that it had for 26 people in the most insolent way deceived men) ”. The requirement of the 23-year-old assistant prosecutor to accurately execute the laws, to apply them fairly soon attracted the attention of his colleagues and the public. The nickname "the fierce prosecutor" stuck to him, and in the courtrooms one could hear regrets as to why he was not a lawyer.
Soon after arriving in Kharkov A.F. Koni was instructed to lead the investigation into the case of falsification of series (in the first half of the 60s, a large number of fake series of fake papers appeared in the south of Russia). The investigation into this case began in 1865 by a special commission, but with the help of bribes and other tricks it was suspended and resumed on behalf of the State Council by new judicial institutions. Having headed the leadership of the investigation, A.F. Koni acted so skillfully and energetically that the criminals were found and convicted.
One of the first cases in which A.F. Koni acted as a prosecutor in Kharkov, there was a case of beatings by the provincial secretary Doroshenko to the bourgeois Severin, which caused the death of the latter. The murder of Severin took place on the eve of the introduction of the Judicial Reform of 1864. Using his official position, Doroshenko made sure that the criminal was not immediately initiated. However, various guesses and assumptions were expressed about the incident, articles appeared in newspapers. On the complaint of Severin's widow, a criminal case was opened in 1868. He directed his investigation. Koni, he also supported the prosecution in court. Courageous initiation of the case, firm upholding. The horses of their conclusions (despite the unfavorable situation created in connection with this case by certain circles in Kharkov) spoke of his principled position, consistency of beliefs and actions. The jury found Doroshenko guilty.
Hard work in Kharkov and the years of study and tutoring that preceded it affected the state of health of Anatoly Fedorovich. In 1868, when he was 24 years old, he showed a sharp breakdown, anemia, and throat bleeding became more frequent after prolonged tension of his voice. On the advice of his friend, professor of forensic medicine Lambla, who recommended rest, but active rest, A.F. Koni is leaving for treatment. Recalling this episode from his life (the professor's advice: “We need new impressions ... and beer!”), A. Koni later wrote: “... followed in due time. "
Stay abroad (three and a half months). Horses are used both for treatment and for broadening their horizons. On September 20, 1869, in a letter from Paris to S.F. Moroshkin, he gave the most detailed information about his acquaintance with the practice of the courts in Germany, France, Belgium. He spends a significant part of his time studying it, spends whole days in courtrooms, meets with prosecutors, lawyers, looks through the literature, analyzes trends in the development of judicial practice in criminal cases. A thorough study of all the intricacies of the activities of a foreign court, of course, expanded and deepened the special knowledge of the young Russian lawyer, made it possible to compare judicial systems. But in the same letter to Moroshkin, he admits: "To appreciate Russia in many ways, you need to live abroad, away from it." At that time. Koni is already thinking about switching from prosecutorial to judicial work. He is not abandoned by the thought of cooperation with the departments of the university, of participation in educational and scientific activities. During your stay in Kalsbaden, undergoing medical treatment. Koni meets the Minister of Justice of the Russian Empire, Count K.I. Palen. They often talk about the affairs of the Kharkov Judicial District. It turns out what was supposed to be sent. Horses to work in Kharkov only for the period of organizing the activities of new judicial institutions. Before leaving for Russia, Palen asked for only one thing - to return to the Minister of Justice healthy.
It turns out later that. Koni made a good impression on Palen and he actively promoted him up the career ladder up to the position of chairman of the Petersburg judicial district. On the recommendation of Palen. Koni is entrusted with the chairmanship of the Vera Zasulich case. The acquittal in this case was uplifted. Koni - a fighter for the fairness of justice - and led to the resignation of Count Palen from the post of Minister of Justice.
A little over two years old A.F. Koni worked in Kharkiv, but left the kindest memories of himself, and he somehow became akin to the city and colleagues at work. In subsequent years, he will be a frequent visitor to Kharkiv residents, and 20 years later, the Council of Kharkiv University will award him a doctorate in criminal law based on the totality of his works, without defense.
At the beginning of 1870 A.F .. Koni was appointed assistant prosecutor of the capital district court, but he worked here for only six months and received a referral first to the post of the Samara provincial prosecutor, and then the prosecutor of the Kazan district court in order to create new judicial institutions provided for by the Reform of 1864. So, at the age of 26 he had a responsible and independent job. The Minister of Justice continues to monitor the activities of the talented lawyer, who justified his hopes for the implementation of judicial reform in Kharkov and Kazan, and in May 1871 appointed him the prosecutor of the Petersburg District Court. In this capacity, Anatoly Fedorovich has been working for more than four years. He devotes himself entirely to his beloved business, skillfully leads the investigation of complex, intricate criminal cases, acts as the prosecutor in the largest cases. Accusatory speeches. Horses are published in newspapers, and his name becomes known to the general Russian public. He often supports the prosecution in cases in which such celebrities of the time as V.D. Spasovich, K.K. Arseniev, A.M. Unkovsky and others.
As an ex officio prosecutor,. Koni remained a defender of fair justice. “When I was a prosecutor of the district court in St. Petersburg, I sometimes had to go beyond the formal framework of my activities and in some cases not rush to initiate criminal prosecution, and in others, on the contrary, to warn about the possibility of such a prosecution in order to make it essentially unnecessary later on. In the first cases, the complainant should have been given time to change his mind and be allowed to speak in himself of kind and conciliatory feelings; secondly, to eliminate, without trial, the cause of the complaint itself. " this was the approach of the prosecutor. Horses to the solution of numerous cases of the capital's judicial district.
Through the chamber of the prosecutor of the Petersburg Court passed, hundreds of criminal cases, in which the life of the then ruling nobility was so vividly reflected. What was the cost, for example, of the so-called "dark business"! the family of a major official K., consisting of parents, two daughters, wonderful beauties, and a bully brother, met a rich banker, who was known among the St. Petersburg profligates as a special lover and connoisseur of young virgins, for the right to possess which the old and ugly merchant paid a lot of money. “The honorable family tried to 'substitute' the eldest daughter for him as a virgin, hiding that she was married, but did not live with her husband. To avoid a scandal, the family decided to sacrifice the youngest daughter to the rich man. Upon learning of this, the unfortunate girl, who had just passed 19 years old, committed suicide. K.'s family tried in every possible way to hide it from the police. Before her death, the girl regained consciousness and could help the investigation, but, besides the doctor of medicine, the teacher of the Medical and Surgical Academy, the acquaintance of the older sister, who performed the functions of an intermediary and was bailed by the same doctor, there was no one near her. The doctor categorically refused to help the investigation, because he himself was bribed. The case was dropped, despite the great efforts of A.F. Horses.
During this period, u. Koni finally develops a view of what the accusation should be in court and how the prosecutor should conduct it: “.... calmness, lack of personal resentment against the defendant, the neatness of the accusation methods, alien to the excitement of passions, and distortion of the case data, and .. What is very important, the complete absence of acting in voice, gesture and way of behaving in court. To this must be added the simplicity of the language, free, in most cases from pretentiousness or from loud and "pathetic" words. " Word, according to. Horses, one of the greatest human weapons. Powerless in itself, it becomes powerful and irresistible when it is spoken skillfully, sincerely and at the right time. It is able to enthrall the speaker and dazzle him with its brilliance around him. “... The moral duty of a judicial orator, - continues A.F. Horses - handle these weapons carefully and moderately and make your word only a servant of deep conviction, not succumbing to the temptation of a beautiful form or the apparent consistency of your constructions and not caring about ways to captivate someone with your speech. He must not forget the advice of Faust to Wagner: "Speak with conviction, words and influence on the audience will come of their own accord."
And further: “... the prosecutor is invited to say his word even to refute the circumstances that seemed to be prevailing against the defendant when brought to trial, and in assessing and weighing the evidence, he is not at all constrained by the goals of the prosecution. In other words ... he is a public speaking judge. ”(13.)
Summarizing his long-term practice as a judicial figure, Anatoly Fedorovich comes to the conclusion that the protection of society from violators of the law lies with the state, and the practical service of this important task in a judicial competition falls to the lot of the prosecutor of the prosecutor. The attitude of the prosecutor to the opponent represented by the lawyer also requires special tact and restraint. To the prosecutor, he thinks. Horses, it does not befitting to forget that the defense has one common goal with him - to assist the court from different points of view in clarifying the truth by means of human resources available and in conscientious fulfillment of this duty. These principles are imbued with numerous accusatory speeches of Anatoly Fedorovich, all his actions as the district prosecutor, who was in charge of the investigation. He was a true and at the same time benevolent guardian of the law.