Is There The Rule Of Law In Russia

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International Law in the Russian Legal System

Author : William Elliott Butler
Publisher : Oxford University Press (UK)
ISBN 13 : 0198842945
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis International Law in the Russian Legal System by : William Elliott Butler

Download or read book International Law in the Russian Legal System written by William Elliott Butler and published by Oxford University Press (UK). This book was released on 2020 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.

Ruling Russia

Author : William Alex Pridemore
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461643163
Total Pages : 338 pages
Book Rating : 4.4/5 (616 download)

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Book Synopsis Ruling Russia by : William Alex Pridemore

Download or read book Ruling Russia written by William Alex Pridemore and published by Rowman & Littlefield Publishers. This book was released on 2005-07-25 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, crime, and justice are among the most salient issues in any country. This is especially true for a transitional nation like Russia that is facing tremendous social, political, and economic changes, many of which create conditions conducive to crime. These ongoing changes have had profound effects on every major social institution in the country, and the transition from totalitarianism and a command economy toward rule of law and a free market is resulting in shifts in fundamental cultural values. In this environment, governmental agencies are often left without a clear mission, especially given their sometimes dubious roles during the Soviet era, and are rarely provided with the resources necessary to fulfill the difficult duties that are so vital to a functional democracy. This volume, with chapters by highly respected scholars in several disciplines, provides a comprehensive sourcebook of scholarly analysis of the effects of these changes on legal developments and rule of law in Russia, its changing patterns and nature of crime, and its criminal justice system. Contributions by: Adrian Beck, William E. Butler, Linda J. Cook, Galina N. Evdokushkina, Leonid A. Gavrilov, Natalia S. Gavrilova, Alla E. Ivanova, Janet Elise Johnson, Roy King, Robert W. Orttung, Letizia Paoli, Laura Piacentini, William Alex Pridemore, Annette Robertson, Daniel G. Rodeheaver, Richard Sakwa, Olga Schwartz, Victoria G. Semyonova, Louise I. Shelley, Peter H. Solomon Jr., Janine R. Wedel, and James L. Williams

Russia and the New World Disorder

Author : Bobo Lo
Publisher : Brookings Institution Press
ISBN 13 : 0815725574
Total Pages : 370 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Russia and the New World Disorder by : Bobo Lo

Download or read book Russia and the New World Disorder written by Bobo Lo and published by Brookings Institution Press. This book was released on 2015-08-17 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and Chatham House publication The Russian annexation of Crimea was one of the great strategic shocks of the past twenty-five years. For many in the West, Moscow's actions in early 2014 marked the end of illusions about cooperation, and the return to geopolitical and ideological confrontation. Russia, for so long a peripheral presence, had become the central actor in a new global drama. In this groundbreaking book, renowned scholar Bobo Lo analyzes the broader context of the crisis by examining the interplay between Russian foreign policy and an increasingly anarchic international environment. He argues that Moscow's approach to regional and global affairs reflects the tension between two very different worlds—the perceptual and the actual. The Kremlin highlights the decline of the West, a resurgent Russia, and the emergence of a new multipolar order. But this idealized view is contradicted by a world disorder that challenges core assumptions about the dominance of great powers and the utility of military might. Its lesson is that only those states that embrace change will prosper in the twenty-first century. A Russia able to redefine itself as a modern power would exert a critical influence in many areas of international politics. But a Russia that rests on an outdated sense of entitlement may end up instead as one of the principal casualties of global transformation.

Law, Rights and Ideology in Russia

Author : Bill Bowring
Publisher : Routledge
ISBN 13 : 1134625871
Total Pages : 274 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis Law, Rights and Ideology in Russia by : Bill Bowring

Download or read book Law, Rights and Ideology in Russia written by Bill Bowring and published by Routledge. This book was released on 2013-04-17 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Everyday Law in Russia

Author : Kathryn Hendley
Publisher : Cornell University Press
ISBN 13 : 1501708090
Total Pages : 377 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Everyday Law in Russia by : Kathryn Hendley

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 377 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.

Law and Legal System of the Russian Federation - Sixth Edition

Author : Peter B. Maggs
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578234433
Total Pages : 957 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Law and Legal System of the Russian Federation - Sixth Edition by : Peter B. Maggs

Download or read book Law and Legal System of the Russian Federation - Sixth Edition written by Peter B. Maggs and published by Juris Publishing, Inc.. This book was released on 2015-01-01 with total page 957 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a detailed treatment of the Russian legal system written especially for English-speaking law students and lawyers. While it is designed primarily as a casebook, extended discussions of the law, numerous citations to original Russian sources, and detailed suggestions for finding these sources on the Internet also make it useful as a reference for scholars specializing in Russian studies and for lawyers who know Russian but not Russian law. The authors have decades of experience following the Russian legal system, with one concentrating on human rights, court procedure, and criminal law and procedure, the other on civil, commercial, and tax law. Chapters cover key aspects of the Russian legal system, including sources of law, the judicial system, the legal profession, constitutional law, individual rights, civil and commercial law, civil procedure, private international law, foreign investment law, criminal procedure, administrative law, and tax law. The book covers major changes in Russian law since the previous edition was published, including more reliance on judicial precedent, increasing the independence of criminal investigators from prosecutors, dealing with abuse of the legal system by corrupt officials to steal businesses from their rightful owners, and closing loopholes in the tax system. The new edition also chronicles the continuing struggle of the European Court of Human Rights and activist Russian lawyers to push Russian law toward international standards.

Law and the Christian Tradition in Modern Russia

Author : Paul Valliere
Publisher : Routledge
ISBN 13 : 1000427935
Total Pages : 354 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Law and the Christian Tradition in Modern Russia by : Paul Valliere

Download or read book Law and the Christian Tradition in Modern Russia written by Paul Valliere and published by Routledge. This book was released on 2021-09-16 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.

Federalism, Democratization, and the Rule of Law in Russia

Author : Jeffrey Kahn
Publisher : Oxford University Press, USA
ISBN 13 : 0199246998
Total Pages : 339 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Federalism, Democratization, and the Rule of Law in Russia by : Jeffrey Kahn

Download or read book Federalism, Democratization, and the Rule of Law in Russia written by Jeffrey Kahn and published by Oxford University Press, USA. This book was released on 2002-06-13 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 bookexamines 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 ofcomparative 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'

Immigration and Refugee Law in Russia

Author : Agnieszka Kubal
Publisher : Cambridge University Press
ISBN 13 : 1108417892
Total Pages : 229 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Immigration and Refugee Law in Russia by : Agnieszka Kubal

Download or read book Immigration and Refugee Law in Russia written by Agnieszka Kubal and published by Cambridge University Press. This book was released on 2019-04-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do immigration and refugee laws work 'in action' in Russia? This book offers a complex, empirical and nuanced understanding.

Law and the Russian State

Author : William E. Pomeranz
Publisher : Bloomsbury Publishing
ISBN 13 : 1474224245
Total Pages : 241 pages
Book Rating : 4.4/5 (742 download)

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Book Synopsis Law and the Russian State by : William E. Pomeranz

Download or read book Law and the Russian State written by William E. Pomeranz and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russia is often portrayed as a regressive, even lawless country, and yet the Russian state has played a major role in shaping and experimenting with law as an instrument of power. In Law and the Russian State, William E. Pomeranz examines Russia's legal evolution from Peter the Great to Vladimir Putin, addressing the continuities and disruptions of Russian law during the imperial, Soviet, and post-Soviet. The book covers key themes, including: * Law and empire * Law and modernization * The politicization of law * The role of intellectuals and dissidents in mobilizing the law * The evolution of Russian legal institutions * The struggle for human rights * The rule-of-law * The quest to establish the law-based state It also analyzes legal culture and how Russians understand and use the law. With a detailed bibliography, this is an important text for anyone seeking a sophisticated understanding of how Russian society and the Russian state have developed in the last 350 years.

Politicized Justice in Emerging Democracies

Author : Maria Popova
Publisher : Cambridge University Press
ISBN 13 : 1107379059
Total Pages : pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Politicized Justice in Emerging Democracies by : Maria Popova

Download or read book Politicized Justice in Emerging Democracies written by Maria Popova and published by Cambridge University Press. This book was released on 2012-01-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Fight for Influence

Author : Alexey Malashenko
Publisher : Brookings Institution Press
ISBN 13 : 0870034138
Total Pages : 310 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis The Fight for Influence by : Alexey Malashenko

Download or read book The Fight for Influence written by Alexey Malashenko and published by Brookings Institution Press. This book was released on 2013-12-10 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russian influence in Central Asia is waning. Since attaining independence, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan have forged their own paths—building relationships with outside powers and throwing off the last vestiges of Soviet domination. But in many ways, Moscow still sees Central Asia through the lens of the Soviet Union, and it struggles to redefine Russian relations with the region. In The Fight for Influence, Alexey Malashenko offers a comprehensive analysis of Russian policies and prospects in Central Asia. It is clear that Russian policy in the formerly Soviet-controlled region is entering uncharted territory. But does Moscow understand the fundamental shifts under way? Malashenko argues that it is time for Russia to rethink its approach to Central Asia. Contents 1. Wasted Opportunities 2. Regional Instruments of Influence 3. Russia and Islam in Central Asia: Problems of Migration 4. Kazakhstan and Its Neighborhood 5. Kyrgyzstan—The Exception 6. Tajikistan: Authoritarian, Fragile, and Facing Difficult Challenges 7. Turkmenistan: No Longer Exotic, But Still Authoritarian 8. Uzbekistan: Is There a Potential for Change? Conclusion Who Challenges Russia in Central Asia?

A Citizen’s Guide to the Rule of Law

Author : Adis Nicolaidis, Kalypso Merdzanovic
Publisher : BoD – Books on Demand
ISBN 13 : 3838215419
Total Pages : 180 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis A Citizen’s Guide to the Rule of Law by : Adis Nicolaidis, Kalypso Merdzanovic

Download or read book A Citizen’s Guide to the Rule of Law written by Adis Nicolaidis, Kalypso Merdzanovic and published by BoD – Books on Demand. This book was released on 2021-04-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.

Property Rights in Post-Soviet Russia

Author : Jordan Gans-Morse
Publisher : Cambridge University Press
ISBN 13 : 1107153964
Total Pages : 311 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Property Rights in Post-Soviet Russia by : Jordan Gans-Morse

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.

Russian Approaches to International Law

Author : Lauri Mälksoo
Publisher : Academic
ISBN 13 : 0198723040
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Russian Approaches to International Law by : Lauri Mälksoo

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

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

Author : James R. Silkenat
Publisher : Springer
ISBN 13 : 3319055852
Total Pages : 366 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by : James R. Silkenat

Download or read book The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

Russia Resurrected

Author : Kathryn E. Stoner
Publisher : Oxford University Press
ISBN 13 : 0190860723
Total Pages : 272 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Russia Resurrected by : Kathryn E. Stoner

Download or read book Russia Resurrected written by Kathryn E. Stoner and published by Oxford University Press. This book was released on 2020-09-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of Russia that suggests that we should look beyond traditional means of power to understand its strength and capacity to disrupt international politics. Too often, we are told that Russia plays a weak hand well. But, perhaps the nation's cards are better than we know. Russia ranks significantly behind the US and China by traditional measures of power: GDP, population size and health, and military might. Yet 25 years removed from its mid-1990s nadir following the collapse of the USSR, Russia has become a supremely disruptive force in world politics. Kathryn E. Stoner assesses the resurrection of Russia and argues that we should look beyond traditional means of power to assess its strength in global affairs. Taking into account how Russian domestic politics under Vladimir Putin influence its foreign policy, Stoner explains how Russia has battled its way back to international prominence. From Russia's seizure of the Crimea from Ukraine to its military support for the Assad regime in Syria, the country has reasserted itself as a major global power. Stoner examines these developments and more in tackling the big questions about Russia's turnaround and global future. Stoner marshals data on Russia's political, economic, and social development and uncovers key insights from its domestic politics. Russian people are wealthier than the Chinese, debt is low, and fiscal policy is good despite sanctions and the volatile global economy. Vladimir Putin's autocratic regime faces virtually no organized domestic opposition. Yet, mindful of maintaining control at home, Russia under Putin also uses its varied power capacities to extend its influence abroad. While we often underestimate Russia's global influence, the consequences are evident in the disruption of politics in the US, Syria, and Venezuela, to name a few. Russia Resurrected is an eye-opening reassessment of the country, identifying the actual sources of its power in international politics and why it has been able to redefine the post-Cold War global order.