Courts And Transition In Russia: The Challenge Of Judicial Reform

by Solomon,Peter H., Jr.

• ISBN13: 9780813337760
• ISBN10: 0813337763
• Format: Nonspecific Binding
• Copyright: 2000-08-21
• Publisher: Routledge

Summary

It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. InCourts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner,Courts and Transition in Russiashould appeal to anyone interested in law, politics, or business in Russia scholars and practitioners alike as well as to students of comparative law, legal transition, and courts in new democracies.

Author Biography

Peter H. Solomon, Jr. is Professor of Political Science and Law, Director of the Centre for Russian and East European Studies and a member of the graduate faculty of the Centre of Criminology at the University of Toronto. Todd Steven Foglesong is visiting assistant professor of political science at the University of Utah. In 2000-2001 he will be in Russia, administering a project on the reform of pretrail justice for the Vera Institute. Peter H. Solomon, Jr. is Professor of Political Science and Law, Director of the Centre for Russian and East European Studies and a member of the graduate faculty of the Centre of Criminology at the University of Toronto. Todd Steven Foglesong is visiting assistant professor of political science at the University of Utah. In 2000-2001 he will be in Russia, administering a project on the reform of pretrail justice for the Vera Institute.

Table of Contents

List of Tables and Figures	vii
Preface	ix
PART ONE Courts and Their Reform in Post-Soviet Russia	1	(26)
Judicial Reform in Russia: Politics and Policies	3	(24)
PART TWO Building Judicial Institutions	27	(84)
Introduction to Part Two	27	(2)
The Independence of Courts and Judges	29	(18)
The Autonomy and Accountability of Trial Court Judges	47	(20)
Jurisdiction, Power, and Prestige	67	(25)
Staffing the Courts: Recruitment and Training	92	(19)
PART THREE Improving Performance	111	(84)
Introduction to Part Three	111	(3)
The Administration of Justice: Simplification and Efficiency	114	(28)
Criminal Justice: The Pre-trial Phase	142	(21)
Civil and Commercial Judgments: The Problem of Implementation	163	(14)
PART FOUR Strategy: The Agenda for Reform
What Remains to be Done?	177	(18)
Figures	195	(4)
Appendix A: Key Laws in Russian Judicial Reform	199	(3)
Appendix B: List of Recommendations	202	(4)
Appendix C: Selections from Judges' Questionnaire	206	(5)
Appendix D: List of Interviewees	211	(4)
Index	215