Courts And Transition In Russia

Courts And Transition In Russia

Author: Peter H., Jr. Solomon

Publisher: Routledge

Published: 2018-02-23

Total Pages: 188

ISBN-13: 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.


Courts And Transition In Russia

Courts And Transition In Russia

Author: Peter H. Solomon

Publisher: Westview Press

Published: 2000-08-21

Total Pages: 250

ISBN-13:

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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.


Transitional Justice and the Former Soviet Union

Transitional Justice and the Former Soviet Union

Author: Cynthia M. Horne

Publisher: Cambridge University Press

Published: 2018-02-22

Total Pages: 442

ISBN-13: 1108195822

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In the twenty-five years since the Soviet Union was dismantled, the countries of the former Soviet Union have faced different circumstances and responded differently to the need to redress and acknowledge the communist past and the suffering of their people. While some have adopted transitional justice and accountability measures, others have chosen to reject them; these choices have directly affected state building and societal reconciliation efforts. This is the most comprehensive account to date of post-Soviet efforts to address, distort, ignore, or recast the past through the use, manipulation, and obstruction of transitional justice measures and memory politics initiatives. Editors Cynthia M. Horne and Lavinia Stan have gathered contributions by top scholars in the field, allowing the disparate post-communist studies and transitional justice scholarly communities to come together and reflect on the past and its implications for the future of the region.


Politicized Justice in Emerging Democracies

Politicized Justice in Emerging Democracies

Author: Maria Popova

Publisher: Cambridge University Press

Published: 2012-01-31

Total Pages:

ISBN-13: 1107379059

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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.


Judging Russia

Judging Russia

Author: Alexei Trochev

Publisher: Cambridge University Press

Published: 2008-04-28

Total Pages: 305

ISBN-13: 1139471104

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This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.


The Politics of Sub-National Authoritarianism in Russia

The Politics of Sub-National Authoritarianism in Russia

Author: Dr Cameron Ross

Publisher: Ashgate Publishing, Ltd.

Published: 2013-03-28

Total Pages: 256

ISBN-13: 140948906X

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By the end of the 2000s Russia had become an increasingly authoritarian state, which was characterised by the following features: outrageously unfair and fraudulent elections, the existence of weak and impotent political parties, a heavily censored (often self-censored) media, weak rubber-stamping legislatures at the national and sub-national levels, politically subordinated courts, the arbitrary use of the economic powers of the state, and widespread corruption. However, this picture would be incomplete without taking into account the sub-national dimension of these subversive institutions and practices across the regions of the Russian Federation. After the collapse of the Soviet Union, sub-national political developments in Russia became highly diversified and the political map of Russia’s regions became multi-faceted. The period of 2000s demonstrated a drive on the part of the Kremlin to re-centralise politics and governance to the demise of newly-emerging democratic institutions at both the national and sub-national levels. Yet, federalism and regionalism remain key elements of the research agenda in Russian politics, and the overall political map of Russia’s regions is far from being monotonic. Rather, it is similar to a complex multi-piece puzzle, which can only be put together through skilful crafting. The 12 chapters in this collection are oriented towards the generation of more theoretically and empirically solid inferences and provide critical evaluations of the multiple deficiencies in Russia’s sub-national authoritarianism, including: principal-agent problems in the relations between the layers of the ‘power vertical’, unresolved issues of regime legitimacy that have resulted from manipulative electoral practices, and the inefficient performance of regional and local governments. The volume brings together a team of international experts on Russian regional politics which includes top scholars from Britain, Canada, Russia and the USA.


The New Kremlinology

The New Kremlinology

Author: Alexander Baturo

Publisher: Oxford University Press

Published: 2021

Total Pages: 231

ISBN-13: 0192896199

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This book is the in-depth examination of the development of regime personalization in Russia.


Private and Civil Law in the Russian Federation

Private and Civil Law in the Russian Federation

Author: William Bradford Simons

Publisher: BRILL

Published: 2009

Total Pages: 401

ISBN-13: 9004155341

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The chapters in this volume are from two Leiden conferences. There, distinguished scholars and practitioners from Russia and the Far Abroad measured the winds of change in the field of private law in post-Soviet Russia: enormous differences from the Soviet period, crucial in supporting post-Soviet changes toward freedom of choice in the marketplaces of goods, services, ideas and political institutions. This volume will enable the reader to further chart the progress made in Russia (and the region) in the revitalization of private and civil law and its impact upon practice and comparative legal studies and to appreciate the role which the distinction between the public and private sectors is seen as playing in the process.


Return to Putin's Russia

Return to Putin's Russia

Author: Stephen K. Wegren

Publisher: Rowman & Littlefield

Published: 2013

Total Pages: 341

ISBN-13: 1442213469

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Now in a thoroughly revised, expanded, and updated edition, this classic text provides the most authoritative and current analysis available of the challenges facing Putin as he resumes the presidency. Leading scholars explore the daunting domestic and international problems confronting Russia today. Evaluating the regime s continued efforts to rebuild a country once on the verge of collapse, the contributors consider a comprehensive array of economic, political, foreign policy, and social issues. Clearly written and organized, this text is an indispensable guide for anyone wanting to understand Russia today."


Rule By Law

Rule By Law

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2008-05-08

Total Pages: 392

ISBN-13: 9780521720410

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Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.