Courts and Transition in Russia: The Challenge of Judicial Reform

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

the task now is not to create new institutions or write new laws, but to make existing ones work better. For example, over the past decade Russian courts acquired in law considerable new power, but there remains the challenge of realizing and consolidating it. This process will require advances in inter-institutional cooperation (between courts themselves and between courts and executive bodies), strengthening the organizations of judicial self-government, increasing rates of implementation of court decisions, and informing the public of the new remedies available to them. Likewise, improving the training of judges calls for not only curricular reform and new technologies but also less dramatic initiatives such as developing challenging judicial internships for law students and new opportunities for graduates to work as clerks in the courts. Finally, we see a great need for further analysis of the practice of courts and the judiciary in Russia, especially collaborative studies (evaluations) of the implementation of reform measures.


Notes
1.
For an understanding of the evolution of the role of local government in Russian judicial politics, see Peter H. Solomon, "Local Political Power and Soviet Criminal Justice, 1921-1941", Soviet Studies, Vol. 31, No. 2, 1985, pp. 305-329, and Yoram Gorlizki, "De-Stalinization and the Politics of Criminal justice in Russia, 1953-1964", unpublished doctoral dissertation, University of Oxford, 1992.

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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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