Based on a set of papers prepared for a spring 1995 conference held at Massey College, University of Toronto, reflecting collaboration and discussion among specialists in law and justice in tsarist Russia and their counterparts working on the subject in the USSR and post-Soviet Russia. Organized in sections on varieties of justice in imperial Russia, courts and Soviet power, and justice and the Russian transition, papers examine areas such as rural arson in European Russia in the late imperial era, sexual harassment claims of the 1920s, criminal justice under Stalin, and trials in modern Russia. Annotation copyrighted by Book News, Inc., Portland, OR
Measuring Russian legal reform in relation to the rule-of-law ideal, this study also examines the legal institutions, culture and reform goals that have actually prevailed in Russia. Judgements about future prospects are measured, adding new dimensions to our understanding of the Soviet legacy.
Economists and political scientists wrestle with the challenges faced by Russian officials and public alike in adapting to a market economy and democracy, including the fragility of property rights and elections still rooted in old institutional structures. This book examines the reforms of health and welfare, and the hierarchy of privilege and access, and consider how Putin's statist approach to mythmaking compares to that of previous Soviet and post-Soviet regimes. Historians and anthropologists explore the issue of nostalgia, gender, punishment, belief, and how history itself is being created and perceived today. The book concludes with a journey through the ruined landscape of real socialism.
For a decade Russia has been building a new political order. This collection of essays offers a progress report on this effort, recording the projects for institutional reform, their successes and their many failures. Institutions covered include the presidency, the State Duma, regional government, the judiciary, the 'power ministries', the foreign policy and economic policy making establishments. Other chapters examine popular attitudes towards institutions and the crises of state-society relations in Russia.
Following the emancipation of the serfs in 1861, and again during the Gorbachev and Yel’tsin eras, the issue of individual legal rights and freedoms occupied a central place in the reformist drive to modernize criminal justice. While in tsarist Russia the gains of legal scholars and activists in this regard were few, their example as liberal humanists remains important today in renewed efforts to promote juridical awareness and respect for law. A case in point is the role played by Vladimir Solov’ev. One of Russia’s most celebrated moral philosophers, his defence of the ‘right to a dignified existence’ and his brilliant critique of the death penalty not only contributed to the development of a legal consciousness during his lifetime, but also inspired appeals for a more humane system of justice in post-Soviet debate. This book addresses the issues involved and their origins in late Imperial legal thought. More specifically, it examines competing theories of crime and the criminal, together with various prescriptions for punishment respecting personal inviolability. Charting endeavours of the juridical community to promote legal culture through reforms and education, the book also throws light on aspects of Russian politics, society and mentality in two turbulent periods of Russian history.
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.
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.
Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.
In late nineteenth-century Russia, a series of organizations emerged from the nascent radical liberationist movement for the purposes of providing aid to political prisoners and exiles. Those leading these endeavors framed them as a philanthropic exercise that was paradoxically always also political, provocatively appropriating the name and humanitarian mission of the Red Cross for their illicit attempts to assist the enemies of the Tsarist state. These efforts provided a unifying thread to the fractious and fragmented revolutionary movement over years and even decades. The unjustly persecuted political prisoner or exile came to serve as a powerful synecdoche for the tyranny of the autocratic state, while assisting these "suffering martyrs" came to be legible as an indisputably noble act across political and even national boundaries. Revolutionary Philanthropy--the first book in any language to provide a comprehensive portrait of the origins of these organizations--posits that the groupings that undertook aid to political prisoners and exiles emerged through gradually accrued shared practices within a series of constantly evolving, overlapping domestic and international personal and political networks. In bringing together two seemingly incompatible modes of social action--radical politics and philanthropy--these "red cross" activities came to form a vital connective tissue across party and ideological lines. Moreover, they connected the still small and isolated groupings of committed revolutionaries to a significantly wider circle of sympathizers, both at home and abroad. Within Russia, this linked radicals to a significantly broader circle of liberals and politically uncommitted supporters, while revolutionary émigrés presented the Western public with a captivating narrative of heroic martyrs unjustly suffering for the cause. While the strain of conflicting imperatives threatened on multiple occasions to unravel the entire affair, in the end this very tension proved instrumental in making them durable. Drawing on a wide range of archival sources inmultiplelanguages,someof which have not been consulted before
