Courts and Transition in Russia: The Challenge of Judicial Reform

By Peter H. Solomon Jr.; Todd S. Foglesong | Go to book overview

Conclusion
This account of judicial reform in late Soviet and post-Soviet Russia has emphasized a number of themes:
1. the complexity and interconnectedness of the various judicial reform measures and ideas, which even in the moderate agenda involve fundamental issues such as the nature of institutions and procedures;
2. how much has been accomplished so far (especially relating to the appointments and careers of judges);
3. the presence of real threats to these achievements and further progress of judicial reform, including the financial crisis of the courts and the claims of republican leaders (the problem of federalism);
4. the crucial legislative agenda of 2000-2002, including new laws on institutions -- such as courts of general jurisdiction; and on procedures-the Codes of Criminal and Civil Procedure;
5. the difficult political and economic context for the realization of judicial reform overall.

With these points in mind, we proceed in the chapters that follow to examine in more detail the problems of building judicial institutions and improving the performance of the administration of justice and to weigh the merits of alternative measures of reform.


Notes
1.
Kathryn Hendley, "Legal Development in Post-Soviet Russia", Post-Soviet Affairs, Vol. 13, No. 3, July-Sept. 1997, pp. 228-51; Jeffrey Sachs and Katherina Pistor , eds., The Rule of Law and Economic Reform in Russia ( Boulder, CO, 1997).
2.
Stephen Holmes, "Cultural Legacies or State Collapse? Probing the Postcommunist Dilemma", in Michael Mandelbaum, ed., Post-Communism: Four Perspectives ( New York, 1996), pp. 22-76.
3.
Eugene Huskey, "Government Rulemaking as a Brake on Perestroika", Law and Social Inquiry, Vol. 15, 1990, pp. 419-432.
4.
Robert Sharlet, "Bringing the Rule of Law to Russia and the Newly Independent States: The Role of the West in the Transformation of the PostSoviet Legal Systems", in Karen Dawisha, ed., The International Dimension of PostCommunist Transitions in Russia and the New States of Eurasia (Armonk, NY and London, UK, 1997), pp. 322-49.
5.
For discussion of the demand for law, see Hendley, "Legal Development".
6.
Peter H. Solomon, Jr., "The USSR Supreme Court: History, Role and Future Prospects", American Journal of Comparative Law, Vol. 38, No. 1, Winter 1990, pp. 201-215; Gordon B. Smith, The Soviet Procuracy and the Supervision of Administration ( Alphen aan den Rijn, 1978).

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Courts and Transition in Russia: The Challenge of Judicial Reform
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Tables and Figures vii
  • Preface ix
  • Notes xii
  • Part One - Courts and Their Reform in Post-Soviet Russia 1
  • 1 - Judicial Reform in Russia: Politics and Policies 3
  • Notes 20
  • Part Two - Building Judicial Institutions 27
  • Notes 28
  • 2 - The Independence of Courts and Judges 29
  • Notes 43
  • 3 - The Autonomy and Accountability of Trial Court Judges 47
  • Notes 61
  • 4 - Jurisdiction, Power, and Prestige 67
  • Notes 85
  • 5 - Staffing the Courts: Recruitment and Training 92
  • Notes 108
  • Part Three - Improving Performance 111
  • Notes 112
  • 6 - The Administration of Justice: Simplification and Efficiency 114
  • Notes 135
  • 7 - Criminal Justice: the Pre-Trial Phase 142
  • Notes 157
  • 8 - Civil and Commercial Judgments: the Problem of Implementation 163
  • Notes 174
  • Part Four - Strategy: the Agenda for Reform *
  • 9 - What Remains to Be Done 177
  • Notes 193
  • Appendix A - Key Laws in Russian Judicial Reform (1991-1998) 199
  • Appendix B - Composite List of Recommendations 202
  • Appendix C - Survey of Judges: Selected Questions 206
  • Appendix D - List of Persons Consulted or Interviewed 211
  • Index 215
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