Reforming the Russian Legal System ( Cambridge Russian Paperbacks )

Publication series :Cambridge Russian Paperbacks

Author: Gordon B. Smith  

Publisher: Cambridge University Press‎

Publication year: 1996

E-ISBN: 9780511883880

P-ISBN(Paperback): 9780521450522

Subject: D5 World Politics

Keyword: 世界政治

Language: ENG

Access to resources Favorite

Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.

Reforming the Russian Legal System

Description

Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.

Chapter

From reform to reaction

Judicial administration in the provinces

2 The Bolshevik experience

The Marxist concept of law

The dual state

Sources of Soviet law

Court structure and procedure

The party and legal policy-making

Crime in the USSR

Punishment and rehabilitation of offenders

The educational role of Soviet law

3 The history of legal reform

Eliminating Stalin's repression

Restoring due process

Citizens' rights and the state

Popular participation in the administration of justice

Brezhnev and the quest for stability

Gorbachev and legal reform

The 19th Party Conference

Reforming Russian law: lessons of the past

4 Forging a new constitution

The history of the constitution

Post-Soviet constitutional development in Russia

October 1993 constitutional crisis

Conclusion

5 Citizens and the state: the debate over the Procuracy

History of the Procuracy

The Procuracy and perestroika

The new Law on the Procuracy

The debate intensifies

6 In search of a just system: the courts and judicial reform

Organization of the courts

The Constitutional Court

Judicial procedure

Appellate procedures

The Russian bar

Reform of the criminal code

Crime in Russia

Conclusions

7 Law and the transition to a market economy

Legal reforms and the economy under Gorbachev

Forms of legal organization in Russia

Dilemmas of privatization

Reform of agriculture and land law

Privatization of housing

Bankruptcy

Taxation

Price liberalization and inflation

Conclusion

8 Legal reform in the republics

The Baltic States: fast-track reforms

Ukraine and Belarus: uncertain sovereignty

Transcaucasus and Moldova: ethnic conflict and instability

Central Asia: toward Islamic or secular law?

9 Legal reform and the transition to democracy in Russia

Appendix: Constitution of the Russian Federation

PARTI

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51

Article 52

Article 53

Article 54

Article 55

Article 56

Article 57

Article 58

Article 59

Article 60

Article 61

Article 62

Article 63

Article 64

Article 65

Article 66

Article 67

Article 68

Article 69

Article 70

Article 71

Article 72

Article 73

Article 74

Article 75

Article 76

Article 77

Article 78

Article 79

Article 80

Article 81

Article 82

Article 83

Article 84

Article 85

Article 86

Article 87

Article 88

Article 89

Article 90

Article 91

Article 92

Article 93

Article 94

Article 95

Article 96

Article 97

Article 98

Article 99

Article 100

Article 101

Article 102

Article 103

Article 104

Article 105

Article 106

Article 107

Article 108

Article 109

Article 110

Article 111

Article 112

Article 113

Article 114

Article 115

Article 116

Article 117

Article 118

Article 119

Article 120

Article 121

Article 122

Article 123

Article 124

Article 125

Article 126

Article 127

Article 128

Article 129

Article 130

Article 131

Article 132

Article 133

Article 134

Article 135

Article 136

Article 137

PART 2

Notes

Index

The users who browse this book also browse