Courts and Transition in Russia: The Challenge of Judicial Reform

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

Notes
1.
For discussion of the struggle between judges and the regime over the meaning of the commitment to "judicial independence" introduced into the Constitution of 1936, see Peter H. Solomon, Jr., Soviet Criminal Justice under Stalin ( Cambridge, UK, and New York, 1996), pp. 290-93.
2.
Peter H. Solomon, Jr., "Soviet Politicians and Criminal Prosecutions: The Logic of Party Intervention", in James B. Millar, ed., Cracks in the Monolith: Party Power in the Brezhnev Era ( New York and London, UK, 1992), pp. 3-32. On the financial problems of the courts in the late Soviet period see Aleksandr Borin, "Nishaia iustitsiia, ili Skolko stoit pravovoe gosudarstvo?" Literaturnaia gazeta, 22 Aug. 1989, p. 10.
3.
Peter H. Solomon, Jr., "Gorbachev's Legal Revolution", Canadian Business Law Journal, Vol. 17, 1990, pp. 184-94; Todd S. Foglesong, "The Politics of Judicial Independence and the Administration of Criminal Justice in Soviet Russia, 1982-1992", unpublished doctoral dissertation, University of Toronto, 1995, Chapter 2.
4.
"O statuse sudei v Rossiiskoi Federatsii", Zakon RF ot 26 iiuniia 1992, Vedomosti S'ezda narodnykh deputatov i Verkhovnogo Soveta RSFSR, 30 iiuliia 1992, No. 30, st.1792; Peter H. Solomon, Jr, "The Limits to Legal Order in Post-Soviet Russia", Post-Soviet Affairs, Vol. 11, No. 2, April 1995, pp. 89-114.
5.
"O vnesenii izmenenii i dopolnenii v Zakon RF 'O statuse sudei v RF"' Zakon RF ot 14 aprehia 1993, Rossiiskaia gazeta, 27 April 1993, p. 5.
6.
See "O sudebnoi sisteme RF", Federalnyi konstitutsionnyi zakon ot 31 dekabria 1996, Rossiiskaia gazeta, 6 Jan. 1997, p. 3. Whereas the Law on the Court System specifically requires that the consent (soglasie) of regional legislatures be obtained before the President can consider as "nominees" candidates for judicial posts, the Law on the Status of Judges had merely required that the "opinion" (mnenie) of regional legislatures be taken into consideration when forwarding such nominees to the President for appointment.
7.
For a discussion of the politics of compromise, see Peter H. Solomon, Jr., "The Persistence of Judicial Reform in Post-Soviet Russia", East European Constitutional Review, Vol. 6, No. 4, Fall 1997, pp. 50-56. In practice, according to Vladimir Radchenko, the First Deputy Chairman of the Supreme Court, even before the adoption of legislation requiring consideration of the "opinion" of regional legislatures in the selection and nomination process, the views of all local political figures -- including Presidential envoys and Governors-were canvassed before the Supreme Court forwarded nominees to the President. See the discussion of cadres policy at the 10 October 1995 meeting of the President's Council of Judicial Reform.
8.
On the new lines of dependence created by the reforms in the late Soviet period, see Foglesong, "The Politics of Judicial Independence", Chapter 5.

-43-

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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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