Judicial Law-Making in Post-Soviet Russia

Judicial Law-Making in Post-Soviet Russia
Author: Alexander Vereshchagin
Publisher: Routledge
Total Pages: 344
Release: 2007-06-11
Genre: Law
ISBN: 1135392226

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A novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union. Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis. Divided into six chapters, it covers: the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard' a taxonomy of forms in which Russian courts effectuate their law-creation functions current policies of courts in legal and socio-political matters joint-stock societies and arbitrazh courts. Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting-out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.

Soviet Criminal Justice Under Stalin

Soviet Criminal Justice Under Stalin
Author: Peter H. Solomon
Publisher: Cambridge University Press
Total Pages: 528
Release: 1996-10-28
Genre: History
ISBN: 9780521564519

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The first comprehensive account of Stalin's struggle to make criminal law in the USSR a reliable instrument of rule offers new perspectives on collectivization, the Great Terror, the politics of abortion, and the disciplining of the labor force.

Toward the Rule of Law in Russia

Toward the Rule of Law in Russia
Author: Donald D. Barry
Publisher: Routledge
Total Pages: 491
Release: 2019-07-26
Genre: Political Science
ISBN: 1315486431

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The contributors to this volume - all specialists on Soviet law and politics - offer a comprehensive examination of the effort to create a "law-based" state in the Gorbachev-era U.S.S.R., thus effecting a fundamental change in the relationship between the state and private groups and individuals. Gianmaria Ajani, Donald Barry, Harold Berman, Frances Foster-Simons, George Ginsburgs, John Hazard, Kathryn Hendley, Eugene Huskey, Dietrich Loeber, Peter Maggs, Hiroshi Oda, Nicolai Petro, Robert Sharlet, Louise Shelley, Will Simons and Peter Solomon, with commentary by Soviet scholars, discuss conceptual, historical, social, cultural, and institutional aspects of Soviet legal development, and supply detailed analysis of recent developments in the areas of civil, criminal, and labour law and the rights of individuals, economic organizations, and political and social groups.

Courts And Transition In Russia

Courts And Transition In Russia
Author: Peter H., Jr. Solomon
Publisher: Routledge
Total Pages: 188
Release: 2018-02-23
Genre: Political Science
ISBN: 0429980884

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It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.

The Judicial System of Russia

The Judicial System of Russia
Author: Kathryn Hendley
Publisher: Oxford University Press
Total Pages: 273
Release: 2023-09-07
Genre: Law
ISBN: 0192895354

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This book paints a portrait of the courts of the Russian Federation under Putin. It stresses the dual nature of a judicial system where ordinary cases are handled fairly, but where cases of interest to powerful persons are subject to influence. A must read for those with an interest in Russia's judicial systems.

Courts And Transition In Russia

Courts And Transition In Russia
Author: Peter H. Solomon
Publisher: Westview Press
Total Pages: 250
Release: 2000-08-21
Genre: History
ISBN:

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The authors analyse the state and operation of courts in Russia and the progress of their reform since the end of Soviet power before outlining what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair.

Private and Civil Law in the Russian Federation

Private and Civil Law in the Russian Federation
Author: William B. Simons
Publisher: BRILL
Total Pages: 400
Release: 2009-05-20
Genre: Law
ISBN: 9004180664

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Russia’s “Economic Constitution” - its Civil Code - establishes crucial rules for post-Soviet society: freedom of contract and from arbitrary state interference are only two examples. In this volume, distinguished Russian and foreign scholars and practitioners examine post-Soviet changes in Russian private law and their impact upon law and society.

The Post-Soviet as Post-Colonial

The Post-Soviet as Post-Colonial
Author: Partlett, William
Publisher: Edward Elgar Publishing
Total Pages: 288
Release: 2022-05-19
Genre: Law
ISBN: 1802209441

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Working to demystify the enigmatic process behind enacting public policies, The Politics of Meaning Struggles uses the case of the 2011 prohibition of hydraulic fracturing by the French government to address the wider phenomenon of governmental shifts in policy decisions.

Law and Power in Russia

Law and Power in Russia
Author: Håvard Bækken
Publisher: Routledge
Total Pages: 426
Release: 2018-11-21
Genre: Law
ISBN: 1351335340

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This book explores the issue of selective law enforcement, arguing that the manipulation of the legal system by powerful insiders is a distinctive feature of Putinism, reflecting both its hybrid authoritarianism and Russian legal culture. Based on extensive research including interviews with the victims of selective law enforcement, the book analyses how selective law enforcement works in Russia, discusses the link between law and power, and relates the Russian situation to examples from elsewhere and to general legal theories and ideas of political hybridity.