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Author: Donald D. Barry Publisher: Routledge ISBN: 1315486431 Category : Political Science Languages : en Pages : 491
Book Description
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.
Author: Donald D. Barry Publisher: Routledge ISBN: 1315486431 Category : Political Science Languages : en Pages : 491
Book Description
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.
Author: Kathryn Hendley Publisher: Cornell University Press ISBN: 1501708090 Category : Law Languages : en Pages : 379
Book Description
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: Jeffery Sachs Publisher: Westview Press ISBN: Category : Business & Economics Languages : en Pages : 232
Book Description
This collection of essays examines how Russia's distinctive traditions of law-and lawlessness-are shaping the current struggle for economic reform in the country.
Author: Bill Bowring Publisher: Routledge ISBN: 1134625871 Category : Law Languages : en Pages : 274
Book Description
Law, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
Author: Jeffrey Kahn Publisher: OUP Oxford ISBN: 0191529966 Category : Political Science Languages : en Pages : 352
Book Description
Combining the approaches of three fields of scholarship - political science, law and Russian area- tudies - the author explores the foundations and future of the Russian Federation. Russia's political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime. One of the major goals of this book is, where appropriate, to bring together the insights of comparative law and comparative politics in the study of the development of Russia's attempts to create - as its constitution states in the very first article - a 'Democratic, federal, rule-of-law state'
Author: Sergey Yu. Marochkin Publisher: BRILL ISBN: 9004391010 Category : Law Languages : en Pages : 324
Book Description
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.
Author: William Elliott Butler Publisher: Wildy, Simmonds & Hill Publishing ISBN: Category : Law Languages : en Pages : 1024
Book Description
The most comprehensive collection of Russian legal materials ever produced in the English language on Russian public law. This volume contains sixty-two enactments and documents, some unpublished even in the Russian language, in force and devoted to the constitutional foundations of the Russian Federation, publication of legislation, human rights, the Russian Presidency, Parliament, Government, and judicial system, domestic and international arbitration, courts of all types, justices of the peace, and the legal profession, broadly defined. In this volume the legal profession encompasses the advocate, jurisconsult, notary, procurator, and law enforcement personnel, including private detectives. Particular attention is given to documents which regulate the internal workings of the Russian presidency, parliament, government, and Constitutional Court in the form of 'reglaments' and the judiciary generally.
Author: Ferdinand J.M. Feldbrugge Publisher: BRILL ISBN: 9047411641 Category : Law Languages : en Pages : 234
Book Description
During the last two decades Russia has gone through a process of radical political and socio-economic transformation. The legal system has reflected the various stages of this process and has also been a major agent in moving it forward. The country is at a crossroads now. External observers are sharply divided in evaluating the performance and intentions of the Russian leadership. Russia itself is involved in finding out where it stands. What sort of federation does it want to be? How will it define its relationship to Europe and to its former sister republics? The answers to such questions fundamentally affect the future shape of Russian law. At the same time, existing legal structures may predetermine the course Russia will take.
Author: John Edward Fowler Distinguished Professor of Law William Butler Publisher: Oxford University Press, USA ISBN: 0198842945 Category : Law Languages : en Pages : 257
Book Description
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.
Author: Donald D. Barry
Author: Donald D. Barry
Author: Kathryn Hendley
Author: Jeffery Sachs
Author: Bill Bowring
Author: Jeffrey Kahn
Author: Sergey Yu. Marochkin
Author: William Elliott Butler
Author: Jorgan Kendal Andrews
Author: Ferdinand J.M. Feldbrugge
Author: John Edward Fowler Distinguished Professor of Law William Butler