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At each of its great historical junctures, Russia has undergone major legal reforms, without ever truly establishing "the rule of law". We are witnessing another such critical period now, and the endpoint is not yet clearly defined. Is Russia evolving a Western-style legal order, or should we expect to see new variations on the established pattern -- politically dominated legal system valuing outcomes over procedures, tolerating the expedient use of extralegal means of coercion, and fostering extrajudicial forms of conflict resolution? This volume measures Russian legal reform in relation to the rule-of-law ideal, but, more than that, it examines the legal institutions, culture, and reform goals that have actually prevailed in Russia. Judgments about future prospects are measured against two starting points, 1914 and 1991, adding new dimensions to our understanding of the Soviet legacy. The international group of contributors -- including Sergei Kazantsev, Girish Bhat, Cathy Frierson, Jane Burbank, Golfo Alexopoulos, Gapor Rittersporn, Yoram Gorlizki, Gordon Smith, Eugene Huskey, Robert Sharlet, and Sarah Reynolds -- bring to this endeavor a range of disciplinary methods and expertise on law and justice in tsarist, Soviet, and post-Soviet Russia.
The Judicial System of Russia paints a portrait of the courts of the Russian Federation under Putin, how they work in practice, and what shapes the behaviour of its judges. It stresses the dual nature of a judicial system, where ordinary cases are for the most part handled fairly, but where cases of interest to powerful persons are subject to influence—a common situation in authoritarian states. In so doing, the authors trace the origins of some contemporary practices to the Soviet past, but also identify novelties. They pay close attention to the struggles of reformers to make the courts fairer and more efficient, along with the measures taken to ensure that judges conform to the expectations of their political masters. This means dealing with the evolution of judicial governance, including the selection, promotion, and disciplining of judges. In studying the actual operation of the courts, the authors take a socio-legal approach, emphasizing how different players (petitioners, respondents, lawyers, prosecutors, accused, judges) behave and why. This means dealing with the full gamut of courts from justices of the peace through the Supreme and Constitutional Courts and analysing their conduct in ordinary civil disputes, criminal cases, business disputes, administrative justice (claims against state officials), and constitutional matters. The authors also examine the relation of the public to the courts, including its readiness to litigate disputes despite generally negative views of the courts. This analysis of the administration of justice in Russia covers both the Constitutional Amendments of 2020 and developments relating to the first months of the 2022 War in Ukraine. It is a must read for academics, practitioners, and all those with an interest in comparative courts and Russia's judicial system.
The Judicial System of Russia paints a portrait of the courts of the Russian Federation under Putin, how they work in practice, and what shapes the behaviour of its judges. It stresses the dual nature of a judicial system, where ordinary cases are for the most part handled fairly, but where cases of interest to powerful persons are subject to influence—a common situation in authoritarian states. In so doing, the authors trace the origins of some contemporary practices to the Soviet past, but also identify novelties. They pay close attention to the struggles of reformers to make the courts fairer and more efficient, along with the measures taken to ensure that judges conform to the expectations of their political masters. This means dealing with the evolution of judicial governance, including the selection, promotion, and disciplining of judges. In studying the actual operation of the courts, the authors take a socio-legal approach, emphasizing how different players (petitioners, respondents, lawyers, prosecutors, accused, judges) behave and why. This means dealing with the full gamut of courts from justices of the peace through the Supreme and Constitutional Courts and analysing their conduct in ordinary civil disputes, criminal cases, business disputes, administrative justice (claims against state officials), and constitutional matters. The authors also examine the relation of the public to the courts, including its readiness to litigate disputes despite generally negative views of the courts. This analysis of the administration of justice in Russia covers both the Constitutional Amendments of 2020 and developments relating to the first months of the 2022 War in Ukraine. It is a must read for academics, practitioners, and all those with an interest in comparative courts and Russia's judicial system.
Soviet Criminal Justice under Stalin, first published in 1997, is a comprehensive account of Stalin's struggle to make criminal law in the USSR a reliable instrument of rule. Using recently declassified archives, Peter Solomon tells the revealing story of non-political justice, on the local scene as well as in the center. Contrary to conventional wisdom, Solomon emphasizes the initial weakness of the Soviet state and the limits of Stalin's capacity to rule. Solomon's study also offers new perspectives on collectivization, the Great Terror, the politics of abortion and the disciplining of the labour force. This book should appeal to anyone interested in the political, social, or legal history of the USSR, judicial reform in post-Soviet states, law in authoritarian regimes, or comparative legal development.
Soviet Criminal Justice under Stalin, first published in 1997, is a comprehensive account of Stalin's struggle to make criminal law in the USSR a reliable instrument of rule. Using recently declassified archives, Peter Solomon tells the revealing story of non-political justice, on the local scene as well as in the center. Contrary to conventional wisdom, Solomon emphasizes the initial weakness of the Soviet state and the limits of Stalin's capacity to rule. Solomon's study also offers new perspectives on collectivization, the Great Terror, the politics of abortion and the disciplining of the labour force. This book should appeal to anyone interested in the political, social, or legal history of the USSR, judicial reform in post-Soviet states, law in authoritarian regimes, or comparative legal development.
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