Courts and Transition in Russia: The Challenge of Judicial Reform

By Peter H. Solomon Jr.; Todd S. Foglesong | Go to book overview
8.5. Provide arbitrazh court judges with the power to issue injunctions and temporary restraining orders

Notes
1.
On the variety of dispute resolution mechanisms in post-Soviet Russia, including mediation (or what the author calls "tertiary courts") see Katherina Pistor , "Supply and Demand for Contract Enforcement in Russia: Courts, Arbitration, and Private Enforcement", Review of Central and East European Law, Vol. 22, No. 1, 1996, pp. 55-87. For analysis of dispute resolution by criminal organizations, see P. Skoblikov, "'Tenevaia iustitsiia,' formy proiavlenia i. realizatsii," Rossiiskaia iustitsiia, 1998, No. 10, pp. 21-23.
2.
Marina Vasileva, "'Nelzia zhit po zakonam dzhunglei'" (Interviu s V.F. lakovlevym), Chelovek i zakon, 1996, No. 6, p. 57; Mikhail Nikolaev, "Sudebnyi pristav: On pristav k vazhnomu delu: okhraniat femidu i ispolnit ee resheniia" (Beseda s Valentinoi Martinovoi), Iuridicheskii vestnik, 1997, No. 22, p. 9. Skoblikov (in "'Tenevaia iustitsiia'") claims that only about 30 percent of arbitrazh court decisions sent to the judicial enforcers received "actual implementation" (meaning unclear). Note that this estimate refers only to the cases sent to the enforcers; it excludes court decisions marked by voluntary compliance, payment from the respondent's bank account through the enforcement order (ispolnitelnyi list), post-trial settlements, or the use of private enforcement. It would be helpful to obtain data on the proportion of arbitrazh court decisions that reached the judicial enforcers or their successors the bailiff-enforcers.
3.
On the role of private protection companies in debt collection, with or without a previous court decision, see Vadim Volkov, "Violent Entrepreneurship in PostCommunist Russia", Europe-Asia Studies, Vol. 51, No. 5, July 1999, pp. 741-54.
4.
A recent study of the ways more than 300 Russian firms handle contract disputes found that only three percent resorted to private enforcement (or mafia). This figure was much lower than the authors had expected. It is important to note that the study included many large and middle sized enterprises. There is reason to believe that small businesses make more use of private enforcement than the larger enterprises, which have their own legal staffs. See Kathryn Hendley, Peter Murrell , and Randi Ryterman, "Law, Relationships, and Private Enforcement: Transactional Strategies of Russian Enterprises", unpublished paper, 1998.
5.
B. I. Skorobogatova, "Analiz raboty Departamenta sudebnykh pristavov s obrashcheniiami grazhdan po voprosam ispolneniia", Biulleten Ministerstva iustitsii Rossiiskoi Federatsii, 1998, No. 7, pp. 24-26.
6.
Nikolai Nikinorov, "Pochemy neispolnitelen sudebnyi ispolnitel," Rossiiskaia gazeta, 5 Feb. 1997, p. 3; Dmitrii Sokolov, "Tikhaia grazhdanskaia voena," Obshchaia gazeta, 16-22 April 1998, p. 4; "Neispolnimyekh net, est neispolniamye," (Vitalii Volkov beseduet s Sergeem Pashinym), Iuridicheskii vestnik, 1998, No. 8, pp. 10-11.

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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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