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Moving from the adoption of the "post-Stalin" Constitution of 1977 through its subsequent implementation under Brezhnev, Andropov, and Chernenko to the radical legal "restructuring" of the Gorbachev years, Robert Sharlet traces the gradual evolution of a nascent constitutionalism in the erstwhile USSR. Sharlet, a noted authority on Soviet law and constitutional development, demonstrates the gradual transformation of law from an instrument of Communist Party rule into the new "rules of the game" for nonauthoritarian political development. In effect, he argues, one of Gorbachev's most durable achievements may be his redefinition of Soviet politics into a legal idiom along with his relocation of policymaking from behind the closed doors of Party conclaves into the more open, emergent arena of constitutional government. In analyzing the politics of law from the Brezhnev era to the rise of Yeltsin, the author takes account of the "war of laws", the symbolic uses of the Soviet constitution, and even the fact that the leaders of the failed coup attempted to justify their seizure of power on constitutional grounds. Constitutionalism has sufficiently suffused Soviet public life, the book concludes, that most of the sovereign republics as successors to the former USSR, have begun designing their futures - to varying degrees - in constitutional forms.
An examination of the effort to create a "law-based" state in the Gorbachev-era USSR, thus effecting a fundamental change in the relationship between the state and private groups and individuals. Social, historical, conceptual, and institutional aspects of legal development are discussed.
First Published in 1996. This ambitious ten-volume series develops a comprehensive analysis of the evolving world role of the post-Soviet successor states. Each volume considers a different factor influencing the relationship between internal politics and international relations in Russia and in the western and southern tiers of newly independent states. The contributors were chosen not only for their recognized expertise but also to ensure a stimulating diversity of perspectives and a dynamic mix of approaches. This book is the fifth in a projected series of ten volumes produced by the Russian Littoral Project.
This volume provides a complete and authoritative English translation of Parts I, II, and III of the Russian Civil Code, which entered into force in complete form in March 2002. The Civil Code is the central document of market reforms in Russia, dealing with the law of persons (including companies), ownership, contract in all forms, tort, unjust enrichment, inheritance, and private international law. It has been translated from the Russian by Professor Butler, an acknowledged expert in the field, and benefits from a detailed article-by-article table of contents, a thorough subject-index to the Code, and a Russian-English glossary of civil law terms.
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.