Courts and Transition in Russia: The Challenge of Judicial Reform

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

loathe to proceed with a new separate agency for investigators (or even the creation of a separate hierarchy of investigators within the MVD), other parts of the package could be implemented separately. The elimination of supplementary investigation deserves immediate attention, as does the redesign of bureaucratic regulations on pre-trial detention to help the new Criminal Procedure Code reduce use of detention as a means of restraint.


Recommendations

7.1 Create a separate agency for investigators and adopt measures to encourage their autonomy and neutrality. Or, as a fallback, organize investigators within the Ministry of Internal Affairs into a separate vertical structure, eliminating all subordination of investigators to police chiefs.

7.2 Grant to defense counsel: (a) the right to conduct independent inquiries during the period of the preliminary investigation; and (b) access to the formal case file during the same period.

7.3 Ensure adequate representation for non-wealthy accused, especially during the pre-trial phase, through restructuring of the defense bars and their consultation offices and/or the establishment of duty counsel attached to the courts.

7.4 Eliminate the institution of "supplementary investigation" (with appropriate modifications to court procedures).

7.5 Reduce the use of pre-trial detention as a measure of restraint by changing the criteria for its use (in law and in regulations).

7.6 Decrease the length of pre-trial detention by setting shorter legal limits and by reducing delays in the pre-trial investigation, through: (a) eliminating the procedural requirement that all criminal incidents must be fully investigated; (b) expanding the pool of available experts and increasing the funds available to pay them; and (c) giving defense counsel the right to photocopy from the case file and to use assistants in the review of the file.


Notes
1.
See Mirian R. Damaska, The Faces of Justice and State Authoriy: A Comparative Approach to the Legal Process ( New Haven, CN, 1986).
2.
Peter H. Solomon, Jr., Soviet Criminal Justice under Stalin ( Cambridge, UK, and New York, 1996), pp. 75-76.

-157-

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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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