Download or read book Judicial Law Making in Post Soviet Russia written by Alexander Vereshchagin and published by Routledge. This book was released on 2007-06-11 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Soviet Criminal Justice Under Stalin written by Peter H. Solomon and published by Cambridge University Press. This book was released on 1996-10-28 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judicial Law Making in Post Soviet Russia written by and published by Routledge. This book was released on with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts And Transition In Russia written by Peter H., Jr. Solomon and published by Routledge. This book was released on 2018-02-23 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Toward the rule of Law in Russia written by Donald D. Barry and published by Routledge. This book was released on 1992 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the effort to create a "law-based" state in the Gorbachev-era USSR, thus effecting a fundamental change in the relationship between the state and private groups and individuals. Social, historical, conceptual, and institutional aspects of legal development are discussed.
Download or read book Courts And Transition In Russia written by Peter H. Solomon and published by Westview Press. This book was released on 2000-08-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Post Soviet as Post Colonial written by Partlett, William and published by Edward Elgar Publishing. This book was released on 2022-05-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working to demystify the enigmatic process behind enacting public policies, The Politics of Meaning Struggles uses the case of the 2011 prohibition of hydraulic fracturing by the French government to address the wider phenomenon of governmental shifts in policy decisions.
Download or read book Toward Rule of Law in Russia written by Jorgan Kendal Andrews and published by . This book was released on 1995 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Everyday Law in Russia written by Kathryn Hendley and published by Cornell University Press. This book was released on 2017-02-07 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Property Rights in Post Soviet Russia written by Jordan Gans-Morse and published by Cambridge University Press. This book was released on 2017-05-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how top-down efforts to strengthen property rights are unlikely to succeed without demand for law from private firms.
Download or read book The Constitution of the Russian Federation written by Jane Henderson and published by Bloomsbury Publishing. This book was released on 2011-05-04 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book USSR the Corrupt Society written by Konstantin M. Simis and published by New York : Simon and Schuster. This book was released on 1982 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Onthullende studie van een voormalige Russische advocaat over de corruptie in de Sovjet-maatschappij.
Download or read book Contract Law in Russia written by Maria Yefremova and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explains Russian contract law in a form understandable to lawyers qualified in other countries, especially common law countries. The introduction gives a concise overview of the Russian legal system in general and contract law in particular as well as a brief insight into the history of contract law in Russia. Then the main concepts of Russian contract law are explained, using the conceptual framework of English contract law to make them accessible to someone not familiar with the codified Russian system.The book not only considers the legislation regulating Russian contractual relations but also includes appropriate case law to show how the legislation is interpreted. The focus is on contract law in Russia as it actually operates, rather than merely the legislative texts, so that it will be directly relevant to legal practitioners and others who wish to acquire knowledge of the practical application of an important element of the Russian legal system, as well as those seeking an insight into the realities of codified law in action. The target readership therefore includes legal practitioners who have to deal with Russian law, academics and students with an interest in Russian law, the law of contract and comparative civil law, as well as scholars of comparative legal systems and Russian area studies.
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Download or read book International Law in the Russian Legal System written by John Edward Fowler Distinguished Professor of Law William Butler and published by Oxford University Press, USA. This book was released on 2020-09-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Judiciary in Central and Eastern Europe written by Zdenek Kühn and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the judicial culture in East Central Europe from the era of Stalinism up to the post-Communist period of the 1990s and 2000s. The book targets the judicial ideology and the conception of law, phenomena most resistant to change.
Download or read book Russian Approaches to International Law written by Lauri Mälksoo and published by Academic. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
