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This book is a detailed treatment of the Russian legal system written especially for English-speaking law students and lawyers. While it is designed primarily as a casebook, extended discussions of the law, numerous citations to original Russian sources, and detailed suggestions for finding these sources on the Internet also make it useful as a reference for scholars specializing in Russian studies and for lawyers who know Russian but not Russian law. The authors have decades of experience following the Russian legal system, with one concentrating on human rights, court procedure, and criminal law and procedure, the other on civil, commercial, and tax law. Chapters cover key aspects of the Russian legal system, including sources of law, the judicial system, the legal profession, constitutional law, individual rights, civil and commercial law, civil procedure, private international law, foreign investment law, criminal procedure, administrative law, and tax law. The book covers major changes in Russian law since the previous edition was published, including more reliance on judicial precedent, increasing the independence of criminal investigators from prosecutors, dealing with abuse of the legal system by corrupt officials to steal businesses from their rightful owners, and closing loopholes in the tax system. The new edition also chronicles the continuing struggle of the European Court of Human Rights and activist Russian lawyers to push Russian law toward international standards.
Rev. ed. of : Law and legal system of the Russian Federation / by Gennady M. Danilenko and William Burnham. 2nd ed. c2000.
"An overview of the Russian legal system and its historical and theoretical sources"--
This is the first treatise on Russia's new legal system, as it emerged from the dissolution of the Soviet Union. The first part of the book analyses in detail the political and economic origins of "perestroika," indispensable for understanding the basic parameters of the evolution of Russian law. In the following chapters all major legal subjects are discussed against the background of their Soviet past and as the result of the radical changes in the political, social and economic make-up of the country. The appendices include the texts of the U.S.S.R. and Russian Constitutions, the Agreement of Minsk, The Russian Federation Treaty, bibliographical sources, and extensive indices of Soviet and Russian legislation. The book has been written for legal practitioners, comparative lawyers, and students of Russian law, but will also be of interest to a wider audience of political scientists, journalists, etc.
This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.
The most comprehensive collection of Russian legal materials ever produced in the English language on Russian public law. This volume contains sixty-two enactments and documents, some unpublished even in the Russian language, in force and devoted to the constitutional foundations of the Russian Federation, publication of legislation, human rights, the Russian Presidency, Parliament, Government, and judicial system, domestic and international arbitration, courts of all types, justices of the peace, and the legal profession, broadly defined. In this volume the legal profession encompasses the advocate, jurisconsult, notary, procurator, and law enforcement personnel, including private detectives. Particular attention is given to documents which regulate the internal workings of the Russian presidency, parliament, government, and Constitutional Court in the form of 'reglaments' and the judiciary generally.
This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.
When the first edition of Professor Butler's book was published in 1999 it was hailed as the first systematic account of Russian law and the Russian legal system since the demise of the Soviet Union. In this new edition the author builds on his examination of Russian law in the context of other legal systems and makes a thorough examination of the country's legal institutions and prodecural and substantive law. The book has been updated throughout to include the latest codifications on criminal and administrative procedure, tax, labour, land, the environment, civil law, and company law. Butler's emphasis is on post-Soviet law reform and on the creation of a democratic, market-oriented legal framework which seeks to attract foreign investment. Chapters such as those on entreprenurial law, securities regulation, banking and insurance, taxation, and the status of foreigners and foreign investment law make this volume an essential purchase for those advising potential investors in Russia and the CIS. For those with a more academic interest in Russian law there are also chapters on Russian legal history and legal theory, together with a detailed guide to relevant publications and materials. This authoritative work will be embraced by practising lawyers, the investment community, government legal advisers and scholars seeking a comprehensive and practical introduction to the Russian legal system.
This book provides for professionals, teachers and students involved in Russian law, by bringing together an overall and profound analysis of the process of the creation of business entities in the legal environment of the Russian Federation. The book will provide readers from a variety of backgrounds in legal studies with an understanding of the basic principles of Russian civil and corporate law, and the ways in which such principles interact. The book provides a comprehensive examination of the following: • The essential elements of the Russian legal system, including the sources of Russian law; • The law of obligations and the law of torts; • The forms of business organizations; • The formation and constitution of business organizations; • Legal implications related to companies in difficulty and crisis; • The legal status of foreign persons in the Russian Federation and foreign investment law; • Corporate governance and corporate fraudulent behavior. The book will appeal particularly to undergraduate and postgraduate law students, as well as to Russian and foreign lawyers, heads of legal entities, financial directors, chief accountants, and auditors, and to any person interested in Russian law. Each chapter of the book contains a brief overview, central research questions and a list of further reading. Multiple choice questions, practical assignments, key legislation referenced in the book and a glossary are also included in the book.
This textbook presents in accessible form information necessary for comprehensive understanding of the basics of Russian law: theory of state and law, constitutional, civil, labour, administrative and criminal law. It is based on the Russian legislation in force and the market practice, combining theoretical material, classical and modern doctrinal works, as well as the basics of the current legislation. The above will allow readers to obtain practically-oriented knowledge. This textbook is intended for lawstudents, legalscholars, legal practitioners, as well as everyone who is interested in the basics of Russian law.