Human Rights And Legal Reform In The Russian Federation

5. Law on referenda.

The introduction of a market economy in the countries of Central and Eastern Europe required an enormous legislative effort, in order to create the regulatory framework for a vast array of new economic activities. The resulting statutory materials in turn gave rise to numerous books and articles, by domestic lawyers from the countries concerned, as well as by foreign scholars. By comparison, the other part of the legal diptych - the establishment of the rule of law - has received less attention from academic commentators. The purpose of this volume is to correct the balance to some extent, especially by looking at various aspects of legal reform through the prism of human rights. The legal implementation of a respect for human rights turns out to be an even more comprehensive and pervasive enterprise than creating the legal framework for a market economy. A number of important areas of law are highlighted in this volume; the emphasis is, although not exclusively, on the Russian Federation.

The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned. The major focus of the present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America, and Western Europe.

This book examines how traditional indigenous Russian legal values and the 74-year experience with communism and "socialist legality" are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today.

Weiler argues that the processes associated with political and economic reform have, in important instances, diminished human rights in post-Soviet Russia.

Civil rights is a category of human rights that include individual personal freedom, privacy, personal security, a right to life, dignity, freedom from torture, freedom of movement and residence, and freedom of conscience. Such rights differ from the political, economic, social, and cultural rights guaranteed by the International Bill of Rights. The challenge of enforcing these rights has been acute throughout the world, but Russia in particular has experienced unique and significant difficulties. Until now, the theoretical literature dealing with the legal characteristics of civil rights, how to realize them, and how to protect people from their infringement, has been wanting. This timely and comprehensive volume rectifies this lapse, especially as civil rights enforcement relates to Russia. It draws on a wealth of materials, including reports and statistical data from the United Nations, the Council of Europe, the Ombudsman of the Russian Federation, and several Russian offices of state. The contributors, comprised of researchers, judges, lawyers, and legal authorities, are all experts in human and civil rights and bring a fresh perspective to these issues. They analyze international law, Russian legislation, and decisions of the European Court and the Constitutional Court of Russia each from a humanistic stance. While the authors represent different age groups, occupations, and approaches, they are in agreement on the necessity of protecting civil rights; expanding and developing their guaranty both in Russia and all over the world. Civil Human Rights in Russia dispels many of the myths about Russia and its attitude toward civil rights, especially as regards to the stereotype that the Russian people do not know about such rights, nor care about human dignity. The authors of this volume make clear that Russia has been instrumental in the formation and recognition of universal human rights. The Russian contribution builds on those established by the Magna Carta, the Declaration of Independence, the U.S. Constitution's Bill of Rights, and the French Declaration of the Rights of Man and of the Citizen. This volume is a fundamental contribution to the literature, one that will help the reader to understand the essence of civil human rights and how they may be implemented and enforced in the twenty-first century.

Since its birth in 1991, the Russian Federation has introduced substantial reforms to its legal system. This report charts the history of the justice system, assesses the impact of international human rights instruments on it and evaluate how legal reforms have been implemented.

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.