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The introduction of a market economy in the countries of Central and Eastern Europe required an enormous legislative effort, in order to create the regulatory framework for a vast array of new economic activities. The resulting statutory materials in turn gave rise to numerous books and articles, by domestic lawyers from the countries concerned, as well as by foreign scholars. By comparison, the other part of the legal diptych - the establishment of the rule of law - has received less attention from academic commentators. The purpose of this volume is to correct the balance to some extent, especially by looking at various aspects of legal reform through the prism of human rights. The legal implementation of a respect for human rights turns out to be an even more comprehensive and pervasive enterprise than creating the legal framework for a market economy. A number of important areas of law are highlighted in this volume; the emphasis is, although not exclusively, on the Russian Federation.
This book examines the key 2008 publication of the Russian Orthodox Church on human dignity, freedom, and rights. It considers how the document was formed, charting the development over time of the Russian Orthodox Church's views on human rights. It analyzes the detail of the document, and assesses the practical and political impact inside the Church, at the national level and in the international arena. Overall, it shows how the attitude of the Russian Orthodox Church has shifted from outright hostility towards individual human rights to the advocacy of "traditional values."
Russia's human rights record, especially violations of the right to life, liberty and freedom of expression, has been the subject of much international concern. Social, or welfare, rights, on the other hand, including the right to housing, health and access to social security, have received much less attention. This book explores the changing position in Russia towards such social rights. It explores how social rights are defined in Russia and why they are contested, and discusses how increasing liberalisation and privatisation have radically changed the very extensive former communist welfare system. It considers recent initiatives by both Putin and Medvedev to re-emphasise the role of the state in providing social services, and shows how activism to secure social benefits, especially at the local level, is relatively strong. The book concludes by assessing how social rights and welfare are likely to develop in Russia in a world increasingly concerned with austerity and the transformation of citizens into 'market citizens', where attitudes towards social rights remain less than favourable.
There are over thirty million disabled people in Russia and Eastern Europe, yet their voices are rarely heard in scholarly studies of life and well-being in the region. This book brings together new research by internationally recognised local and non-native scholars in a range of countries in Eastern Europe and the former Soviet Union. It covers, historically, the origins of legacies that continue to affect well-being and policy in the region today. Discussions of disability in culture and society highlight the broader conditions in which disabled people must build their identities and well-being whilst in-depth biographical profiles outline what living with disabilities in the region is like. Chapters on policy interventions, including international influences, examine recent reforms and the difficulties of implementing inclusive, community-based care. The book will be of interest both to regional specialists, for whom well-being, equality and human rights are crucial concerns, and to scholars of disability and social policy internationally.
High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
Law, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
This volume presents work from an international group of writers who explore conceptualizations of what defined "East" and "West" in Eastern Europe, imperial Russia, and the Soviet Union. The contributors analyze the effects of transnational interactions on ideology, politics, and cultural production. They reveal that the roots of an East/West cultural divide were present many years prior to the rise of socialism and the Cold War. The chapters offer insights into the complex stages of adoption and rejection of Western ideals in areas such as architecture, travel writings, film, music, health care, consumer products, political propaganda, and human rights. They describe a process of mental mapping whereby individuals "captured and possessed" Western identity through cultural encounters and developed their own interpretations from these experiences. Despite these imaginaries, political and intellectual elites devised responses of resistance, defiance, and counterattack to defy Western impositions. Socialists believed that their cultural forms and collectivist strategies offered morally and materially better lives for the masses and the true path to a modern society. Their sentiments toward the West, however, fluctuated between superiority and inferiority. But in material terms, Western products, industry, and technology, became the ever-present yardstick by which progress was measured. The contributors conclude that the commodification of the necessities of modern life and the rise of consumerism in the twentieth century made it impossible for communist states to meet the demands of their citizens. The West eventually won the battle of supply and demand, and thus the battle for cultural influence.
Chechnya, a 6,000-square-mile corner of the northern Caucasus, has struggled under Russian domination for centuries. The region declared its independence in 1991, leading to a brutal war, Russian withdrawal, and subsequent "governance" by bandits and warlords. A series of apartment building attacks in Moscow in 1999, allegedly orchestrated by a rebel faction, reignited the war, which continues to rage today. Russia has gone to great lengths to keep journalists from reporting on the conflict; consequently, few people outside the region understand its scale and the atrocities—described by eyewitnesses as comparable to those discovered in Bosnia—committed there. Anna Politkovskaya, a correspondent for the liberal Moscow newspaper Novaya gazeta, was the only journalist to have constant access to the region. Her international stature and reputation for honesty among the Chechens allowed her to continue to report to the world the brutal tactics of Russia's leaders used to quell the uprisings. A Small Corner of Hell: Dispatches from Chechnya is her second book on this bloody and prolonged war. More than a collection of articles and columns, A Small Corner of Hell offers a rare insider's view of life in Chechnya over the past years. Centered on stories of those caught-literally-in the crossfire of the conflict, her book recounts the horrors of living in the midst of the war, examines how the war has affected Russian society, and takes a hard look at how people on both sides are profiting from it, from the guards who accept bribes from Chechens out after curfew to the United Nations. Politkovskaya's unflinching honesty and her courage in speaking truth to power combine here to produce a powerful account of what is acknowledged as one of the most dangerous and least understood conflicts on the planet. Anna Politkovskaya was assassinated in Moscow on October 7, 2006. "The murder of the journalist Anna Politkovskaya leaves a terrible silence in Russia and an information void about a dark realm that we need to know more about. No one else reported as she did on the Russian north Caucasus and the abuse of human rights there. Her reports made for difficult reading—and Politkovskaya only got where she did by being one of life's difficult people."—Thomas de Waal, Guardian
Russia has cultivated an opaque web of economic and political patronage across the Central and Eastern European region that the Kremlin uses to influence and direct decisionmaking. This report from the CSIS Europe Program, in partnership with the Bulgarian Center for the Study of Democracy, is the result of a 16-month study on the nature of Russian influence in five case countries: Hungary, Slovakia, Bulgaria, Latvia, and Serbia.
This book is about the use of economic and state capture levers for achieving political clout. It details how Moscow has been able to exploit governance deficits and influence decision-making in the countries of Central and Eastern Europe through a range of economic means. The comparative country by country perspective on Russia’s corporate presence, trade, and investment in particular sectors of the region, especially energy, shows the patterns of the Kremlin’s use of economic presence and state capture tactics to amplify political and social leverage. By collating economic data with an analysis of governance loopholes and the political process, the authors reveal the Kremlin’s methods for swaying national policies, especially through the exploitation of governance failures in these countries. The book thereby highlights how Russia’s economic power is related to its wider strategic goals. It concludes that Russia’s economic grip, both direct and indirect, is tighter than official statistics imply.