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Judicial Law Making In Post Soviet Russia
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Book Synopsis Judicial Law-Making in Post-Soviet Russia by : Alexander Vereshchagin
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 288 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.
Book Synopsis Soviet Criminal Justice Under Stalin by : Peter H. Solomon
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.
Book Synopsis Courts And Transition In Russia by : Peter H., Jr. Solomon
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 240 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.
Book Synopsis Judicial Law-Making in Post-Soviet Russia by : Alexander Vereshchagin
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 288 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.
Book Synopsis Courts And Transition In Russia by : Peter H. Solomon
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.
Book Synopsis Justice in the U.S.S.R. by : Harold Joseph Berman
Download or read book Justice in the U.S.S.R. written by Harold Joseph Berman and published by Cambridge : Harvard University Press. This book was released on 1963 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mr. Berman gives a many-sided interpretation of the Soviet legal system in theory and in practice. He presents a threefold explanation of the development of Soviet law, rooted first in the requirements of a socialist planned economy, second in the heritage of the Russian past, and third in the Soviet 'parental' concept of a man as a youth to be educated and disciplined. He compares and contrasts socialist law with capitalist law, the Russian heritage with the Western legal tradition of the past 900 years, the Soviet concept of man with that which is implicit in our own legal system.
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 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.
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.
Book Synopsis Russia and the Right to Self-Determination in the Post-Soviet Space by : Johannes Socher
Download or read book Russia and the Right to Self-Determination in the Post-Soviet Space written by Johannes Socher and published by Oxford University Press. This book was released on 2021-06-17 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.
Book Synopsis Transformation in Russia and International Law by : Tarja Långström
Download or read book Transformation in Russia and International Law written by Tarja Långström and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War the relationship between the internal constitution of a state and its international behaviour has been a subject of much scholarly interest. Assuming that this connection matters the author analyses the transformation from the USSR to the Russian Federation. Does a liberal Russia behave better than the non-liberal USSR? Are Russia's attitudes towards international law different than those of the former USSR? How much continuity is there and how much change has occurred in the scholarship of international law in Russia? How are Russia's treaties made and implemented? What is the role of international law in the Russian legal system? The author shows that international human rights played an important role in the Soviet "perestroika" and in the subsequent reforms in the Russian Federation. She argues that at the surface level the transformation in Russia has been remarkable, notably so with regard to the role of international law in the domestic legal system. Drawing from a wide range of materials - Soviet/Russian history, legislation, court cases and doctrinal writings - the book takes a cultural and historical perspective to analysis of legal change.
Book Synopsis USSR--the Corrupt Society by : Konstantin M. Simis
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.
Book Synopsis Resisting the State by : Kathryn Stoner-Weiss
Download or read book Resisting the State written by Kathryn Stoner-Weiss and published by Cambridge University Press. This book was released on 2006-06-19 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do new, democratizing states often find it so difficult to actually govern? Why do they so often fail to provide their beleaguered populations with better access to public goods and services? Using original and unusual data, this book uses post-communist Russia as a case in examining what the author calls this broader 'weak state syndrome' in many developing countries. Through interviews with over 800 Russian bureaucrats in 72 of Russia's 89 provinces, and a highly original database on patterns of regional government non-compliance to federal law and policy, the book demonstrates that resistance to Russian central authority not so much ethnically based (as others have argued) as much as generated by the will of powerful and wealthy regional political and economic actors seeking to protect assets they had acquired through Russia's troubled transition out of communism.
Book Synopsis Private and Civil Law in the Russian Federation by : William Bradford Simons
Download or read book Private and Civil Law in the Russian Federation written by William Bradford Simons and published by BRILL. This book was released on 2009 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Constitution of the Russian Federation by : Jane Henderson
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.
Book Synopsis A Sociology of Constitutions by : Chris Thornhill
Download or read book A Sociology of Constitutions written by Chris Thornhill and published by Cambridge University Press. This book was released on 2011-07-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
Book Synopsis Contract Law in Russia by : Maria Yefremova
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 302 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.
