Russian Law and Legal Institutions

Russian Law and Legal Institutions
Author: William Elliott Butler
Publisher:
Total Pages: 426
Release: 2014-03-31
Genre: Justice, Administration of
ISBN: 9780854901449

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An extensive introduction to the historical and contemporary foundations of the Russian legal system placed in the larger fabric of comparative legal studies, this volume addresses: The Russian Legal System in Context (Russian Law in Comparative Legal Studies; Russian Law and Legal Translation); The Foundations of Russian Law (The Pre-Revolutionary Heritage; Russian Legal Theory; Sources of Law: Legal Profession and Legal Education); The Administration of Russian Legality (ministries of justice, judicial system, procuracy, notariat, registry for acts of legal status, administrative commissions, law enforcement agencies, investigative agencies, arbitration; and the role of non-State entities); and the State Structure of the Russian Federation (Presidency, Federal Assembly, Government, Local Self-Government). Recommendations are made for further reading. The 1993 Constitution of the Russian Federation as amended in February 2014 is appended.

Law and Legal System of the Russian Federation - Sixth Edition

Law and Legal System of the Russian Federation - Sixth Edition
Author: Peter B. Maggs
Publisher: Juris Publishing, Inc.
Total Pages: 957
Release: 2015-01-01
Genre: Courts
ISBN: 1578234433

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This book is a detailed treatment of the Russian legal system written especially for English-speaking law students and lawyers. While it is designed primarily as a casebook, extended discussions of the law, numerous citations to original Russian sources, and detailed suggestions for finding these sources on the Internet also make it useful as a reference for scholars specializing in Russian studies and for lawyers who know Russian but not Russian law. The authors have decades of experience following the Russian legal system, with one concentrating on human rights, court procedure, and criminal law and procedure, the other on civil, commercial, and tax law. Chapters cover key aspects of the Russian legal system, including sources of law, the judicial system, the legal profession, constitutional law, individual rights, civil and commercial law, civil procedure, private international law, foreign investment law, criminal procedure, administrative law, and tax law. The book covers major changes in Russian law since the previous edition was published, including more reliance on judicial precedent, increasing the independence of criminal investigators from prosecutors, dealing with abuse of the legal system by corrupt officials to steal businesses from their rightful owners, and closing loopholes in the tax system. The new edition also chronicles the continuing struggle of the European Court of Human Rights and activist Russian lawyers to push Russian law toward international standards.

Law and Legal System of the Russian Federation - Sixth Edition

Law and Legal System of the Russian Federation - Sixth Edition
Author: Peter B. Maggs
Publisher: Juris Publishing, Inc.
Total Pages: 957
Release: 2015-01-01
Genre: Courts
ISBN: 1578234433

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This book is a detailed treatment of the Russian legal system written especially for English-speaking law students and lawyers. While it is designed primarily as a casebook, extended discussions of the law, numerous citations to original Russian sources, and detailed suggestions for finding these sources on the Internet also make it useful as a reference for scholars specializing in Russian studies and for lawyers who know Russian but not Russian law. The authors have decades of experience following the Russian legal system, with one concentrating on human rights, court procedure, and criminal law and procedure, the other on civil, commercial, and tax law. Chapters cover key aspects of the Russian legal system, including sources of law, the judicial system, the legal profession, constitutional law, individual rights, civil and commercial law, civil procedure, private international law, foreign investment law, criminal procedure, administrative law, and tax law. The book covers major changes in Russian law since the previous edition was published, including more reliance on judicial precedent, increasing the independence of criminal investigators from prosecutors, dealing with abuse of the legal system by corrupt officials to steal businesses from their rightful owners, and closing loopholes in the tax system. The new edition also chronicles the continuing struggle of the European Court of Human Rights and activist Russian lawyers to push Russian law toward international standards.

Russian Law and Legal Institutions

Russian Law and Legal Institutions
Author: William Elliott Butler
Publisher: Talbot Publishing
Total Pages: 526
Release: 2021
Genre: Law
ISBN: 9781616196486

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"An overview of the Russian legal system and its historical and theoretical sources"--

International Law in the Russian Legal System

International Law in the Russian Legal System
Author: John Edward Fowler Distinguished Professor of Law William Butler
Publisher: Oxford University Press, USA
Total Pages: 257
Release: 2020-09-03
Genre: Law
ISBN: 0198842945

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This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

Formalism, Decisionism and Conservatism in Russian Law

Formalism, Decisionism and Conservatism in Russian Law
Author: Mikhail Antonov
Publisher: BRILL
Total Pages: 210
Release: 2020-11-09
Genre: Law
ISBN: 9004442588

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This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.

The Operation of International Law in the Russian Legal System

The Operation of International Law in the Russian Legal System
Author: Sergey Yu. Marochkin
Publisher: BRILL
Total Pages: 324
Release: 2019-01-03
Genre: Law
ISBN: 9004391010

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In this volume Sergey Marochkin offers a detailed comparative analysis of the changing approach to the operation and realization of international legal norms and obligations within the Russian legal system based on doctrine, legislation and judicial practice since the adoption of the Russian Constitution in 1993.

The Operation of International Law in the Russian Legal System

The Operation of International Law in the Russian Legal System
Author: Sergeĭ I︠U︡rʹevich Marochkin
Publisher:
Total Pages: 0
Release: 2019
Genre: International and municipal law
ISBN: 9789004390201

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In this volume Sergey Marochkin offers a detailed comparative analysis of the changing approach to the operation and realization of international legal norms and obligations within the Russian legal system based on doctrine, legislation and judicial practice since the adoption of the Russian Constitution in 1993.

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.

Everyday Law in Russia

Everyday Law in Russia
Author: Kathryn Hendley
Publisher: Cornell University Press
Total Pages: 379
Release: 2017-02-07
Genre: Law
ISBN: 1501708090

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Everyday Law in Russia challenges the prevailing common wisdom that Russians cannot rely on their law and that Russian courts are hopelessly politicized and corrupt. While acknowledging the persistence of verdicts dictated by the Kremlin in politically charged cases, Kathryn Hendley explores how ordinary Russian citizens experience law. Relying on her own extensive observational research in Russia’s new justice-of-the-peace courts as well as her analysis of a series of focus groups, she documents Russians’ complicated attitudes regarding law. The same Russian citizen who might shy away from taking a dispute with a state agency or powerful individual to court might be willing to sue her insurance company if it refuses to compensate her for damages following an auto accident. Hendley finds that Russian judges pay close attention to the law in mundane disputes, which account for the vast majority of the cases brought to the Russian courts. Any reluctance on the part of ordinary Russian citizens to use the courts is driven primarily by their fear of the time and cost—measured in both financial and emotional terms—of the judicial process. Like their American counterparts, Russians grow more willing to pursue disputes as the social distance between them and their opponents increases; Russians are loath to sue friends and neighbors, but are less reluctant when it comes to strangers or acquaintances. Hendley concludes that the "rule of law" rubric is ill suited to Russia and other authoritarian polities where law matters most—but not all—of the time.