Courts and Transition in Russia: The Challenge of Judicial Reform

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Westview Press, Aug 21, 2000 - Law - 222 pages
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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. In Courts 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 Russia should 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.
 

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Contents

PART
27
The Autonomy and Accountability
47
Jurisdiction Power and Prestige
67
Recruitment and Training
92
PART THREE
111
What Remains to be Done?
177
Figures
195
List of Recommendations
202
List of Interviewees
211
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Page 162 - About a third of those released were rearrested on a new charge, failed to appear in court as scheduled, or committed some other violation that resulted in the revocation of their pretrial release.
Page xii - Written under the auspices of the Centre for Russian and East European Studies, University of Toronto...
Page 21 - The Soviet Judicial Elite: Is It?
Page 21 - Enforcing the Bill of Rights in the Twilight of the Soviet Union," University of Illinois Law Review, 1991, no.
Page 86 - Habeas Corpus or Who Has the Body? Judicial Review of Arrest and Detention in Russia," Wisconsin International Law Journal 14 (1996): 541.
Page 113 - Albonetti, CA (1997). Sentencing under the federal sentencing guidelines: Effects of defendant characteristics, guilty pleas, and departures on sentence outcomes for drug offenses, 1991-1992.
Page 174 - Kathryn Hendley, Peter Murrell, and Randi Ryterman, "Law, Relationships and Private Enforcement: Transactional Strategies of Russian Enterprises," Europe-Asia Studies 52, 4 (2000): 627—56.
Page 21 - Political Reform and Local Party Interventions under Khrushchev," in Peter H. Solomon, Jr., ed., Reforming Justice in Russia, 18641996: Power, Culture, and the Limits of Legal Order (Armonk, NY, and London, UK, 1998), pp. 256-81. 10. 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, esp.
Page 87 - An Analysis of the Activities of Russian Arbitrazh Courts: 1992-1996" (A report submitted to the National Council on Soviet and East European Research, 1997...

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About the author (2000)

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.

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