Judicial Law Making In Post Soviet Russia PDF Download
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| Author | : Alexander Vereshchagin |
| Publisher | : Routledge |
| Total Pages | : 344 |
| Release | : 2007-06-11 |
| Genre | : Law |
| ISBN | : 1135392226 |
Download Judicial Law-Making in Post-Soviet Russia Book in PDF, ePub and Kindle
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.
| Author | : Peter H. Solomon |
| Publisher | : Cambridge University Press |
| Total Pages | : 528 |
| Release | : 1996-10-28 |
| Genre | : History |
| ISBN | : 9780521564519 |
Download Soviet Criminal Justice Under Stalin Book in PDF, ePub and Kindle
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.
| Author | : Peter H., Jr. Solomon |
| Publisher | : Routledge |
| Total Pages | : 240 |
| Release | : 2018-02-23 |
| Genre | : Political Science |
| ISBN | : 0429980884 |
Download Courts And Transition In Russia Book in PDF, ePub and Kindle
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.
| Author | : |
| Publisher | : Routledge |
| Total Pages | : 288 |
| Release | : |
| Genre | : |
| ISBN | : 1135392234 |
Download Judicial Law-Making in Post-Soviet Russia Book in PDF, ePub and Kindle
| Author | : Peter H. Solomon |
| Publisher | : Westview Press |
| Total Pages | : 250 |
| Release | : 2000-08-21 |
| Genre | : History |
| ISBN | : |
Download Courts And Transition In Russia Book in PDF, ePub and Kindle
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.
| Author | : Kathryn Hendley |
| Publisher | : Cornell University Press |
| Total Pages | : 379 |
| Release | : 2017-02-07 |
| Genre | : Law |
| ISBN | : 1501708090 |
Download Everyday Law in Russia Book in PDF, ePub and Kindle
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.
| Author | : Tarja Långström |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 530 |
| Release | : 2003-01-01 |
| Genre | : Law |
| ISBN | : 9789004137547 |
Download Transformation in Russia and International Law Book in PDF, ePub and Kindle
Since the end of the Cold War the relationship between the internal constitution of a state and its international behaviour has been a subject of much scholarly interest. Assuming that this connection matters the author analyses the transformation from the USSR to the Russian Federation. Does a liberal Russia behave better than the non-liberal USSR? Are Russia's attitudes towards international law different than those of the former USSR? How much continuity is there and how much change has occurred in the scholarship of international law in Russia? How are Russia's treaties made and implemented? What is the role of international law in the Russian legal system? The author shows that international human rights played an important role in the Soviet "perestroika" and in the subsequent reforms in the Russian Federation. She argues that at the surface level the transformation in Russia has been remarkable, notably so with regard to the role of international law in the domestic legal system. Drawing from a wide range of materials - Soviet/Russian history, legislation, court cases and doctrinal writings - the book takes a cultural and historical perspective to analysis of legal change.
| Author | : Konstantin M. Simis |
| Publisher | : New York : Simon and Schuster |
| Total Pages | : 328 |
| Release | : 1982 |
| Genre | : Political Science |
| ISBN | : |
Download USSR--the Corrupt Society Book in PDF, ePub and Kindle
Onthullende studie van een voormalige Russische advocaat over de corruptie in de Sovjet-maatschappij.
| Author | : Maria Popova |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2012-01-31 |
| Genre | : Law |
| ISBN | : 1107379059 |
Download Politicized Justice in Emerging Democracies Book in PDF, ePub and Kindle
Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory, which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets, containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings.
| Author | : Jane Henderson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 183 |
| Release | : 2011-05-04 |
| Genre | : Law |
| ISBN | : 1847317642 |
Download The Constitution of the Russian Federation Book in PDF, ePub and Kindle
This book provides a critical and contextual understanding of the current Russian Constitution. It comprises seven chapters: an introduction followed by substantive chapters covering specific aspects of Russia's constitutional history, structure and practice: the history and nature of the constitution; an overview of the current 1993 Constitution of the Russian Federation and the background to its adoption by plebiscite; executive power, the role and accountability of the President as Head of State, and the formation and powers of the federal government; the legislature and its formation, elections and the methods for forming the two chambers (State Duma and Federation Council) of the legislature (Federal Assembly); the constitutional role of the courts, the way in which rights are defined in constitutional terms and methods for their enforcement; and finally a concluding chapter that focuses on characteristic features of Russian polity and constitutionality in the context of constitutional stability, reform and change. This is an essential work of reference for anyone who wishes to embark on studying Russian law and politics, and a reflective assessment of progress in the modern era.
