Russian Legal Texts The Foundations Of A Rule Of Law State And A Market Economy

This important new volume contains an extensive collection of Russian legal texts translated by the eminent Russian scholar William E. Butler and edited by Professor Butler and Professor Jane E. Henderson. Features unique to Russian Legal Texts: The Foundation of a Rule-of-Law State and a Market Economy include new translation of all material and introductory notes on the legislative history of each enactment, and contextual observations. The broad scope of this work provides the practitioner, legal scholar, government legal adviser, and student with an excellent reference tool for understanding contemporary Russian legal structures.

The most comprehensive collection of Russian legal materials ever produced in the English language on Russian public law. This volume contains sixty-two enactments and documents, some unpublished even in the Russian language, in force and devoted to the constitutional foundations of the Russian Federation, publication of legislation, human rights, the Russian Presidency, Parliament, Government, and judicial system, domestic and international arbitration, courts of all types, justices of the peace, and the legal profession, broadly defined. In this volume the legal profession encompasses the advocate, jurisconsult, notary, procurator, and law enforcement personnel, including private detectives. Particular attention is given to documents which regulate the internal workings of the Russian presidency, parliament, government, and Constitutional Court in the form of 'reglaments' and the judiciary generally.

The most comprehensive collection of Russian legal materials ever produced in the English language on Russian public law, this volume contains sixty-two enactments and documents, some unpublished even in the Russian language, in force and devoted to the constitutional foundations of the Russian Federation, publication of legislation, human rights, the Russian Presidency; Parliament, Government, and judicial system, domestic and international arbitration, courts of all types, justices of the peace, and the legal profession;, broadly defined. In this volume the legal profession encompasses the advocate, juris-consult, notary, procurator, and law enforcement personnel, including private detectives. Particular attention is given to documents which regulate the internal workings of the Russian presidency;, parliament, government, and Constitutional Court in the form of 'reglaments' and the judiciary generally.

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.

The Legacy of the Soviet Union offers a distillation by a group of eminent scholars of their experience of the post-Soviet years. Analysis of the post-Soviet landscape is accompanied by meditations on the impact of the post-Soviet transition on both policy-makers and academics. The book therefore examines both assumptions of 'transition' and reconsiders the experience of Soviet communism in the light of its demise.

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.

The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or'domesticate' the nationalist version by limiting it to 'abnormal' situations, such as colonialism in the sense 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 has a distinct approach to self-determination that sets it apart both from Western States and from state practice during Soviet times. Against the background of the Soviet Union's role inthe 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 seven secessionist conflicts and a detailed study of Russian sources andscholarship, 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 may be best understood in terms of Russian power politics disguised as legal rhetoric, aswell as being evidence of a regional (re-)fragmentation of international law.

This book analyzes the practice of Russia honoring her legal obligations under the European Convention of Human Rights (ECHR): to secure to everyone within its jurisdiction the rights and freedoms defined in the Convention (Article 1 of the ECHR). The study comes to the conclusion that the impact of the ECHR on the Russian legal system, in terms of its implementation by domestic courts, is unsatisfactory. The jurisprudence of the Supreme Court and Supreme Arbitration Court is an attempt to demonstrate to the Council of Europe that the ECHR is being applied, rather than to implement the ECHR. In contrast, the jurisprudence emerging from decisions of the Russian Federation's Constitutional Court and district courts indicates a better understanding of the spirit of the ECHR. Still, the rare instances in which domestic courts implemented the ECHR were, more often than not, prompted by applicants' arguments based on ECHR case-law, rather than by the courts. The book suggests methods of ensuring a more effective implementation of the ECHR's provisions within Russian national law. It develops recommendations on how to assess the Russian government's compliance with judgments of the European Court of Human Rights, and how to interpret explanations submitted by Russia to the Secretary General of the Council of Europe on her implementation of the ECHR.