After the dissolution of the Soviet Union, Russia began reshaping its legislative and executive branches of power. Judicial reform began two months before the USSR’s collapse, with the 1991 publication of “The Concept of Judicial Reform,” which emphasized the necessity for reform of criminal procedural legislation, especially since human rights needed maximum protection during the investigation and consideration of criminal cases in court. As a result of this activity, by the end of 1994, Russia had three competing drafts of the Criminal Procedural Code.
Last week a group of Russian judges and NGO members visited the U.S. During this trip, IMR's Olga Khvostunova spoke with Mikhail Fedotov, Chairman of the Presidential Council for Civil Society Development and Human Rights in the Russian Federation, about the problems of journalistic coverage of the judiciary, the Council’s work on the Magnitsky case, and the second YUKOS trial.
Prof. Ekaterina Mishina continues her analysis of difficult relationship between the Russian courts and the country's media.
Today there are obvious reasons to believe that the third and fourth branches of power, the courts and the media, have developed a serious distaste for each other, and that this dislike is so strong that there is no room for a mutual compromise. Both operate in an atmosphere of distrust and suspicion, a situation that doesn’t benefit anyone. It’s no surprise that both branches — not to mention ordinary citizens — are unhappy.
Prof. Tamara Morschakova, Ph.D. is prominent Russian lawyer. From 1991 to 2002 Prof. Morschakova served as the Deputy Chairman of the Constitutional Court of Russian Federation. Ekaterina Mishina met with her in Moscow to discuss the future of constitutional justice in Russia.
A couple of decades ago, one would have written something along the lines of, “On October 24, 2011 all progressive people will celebrate the 20th anniversary of the establishment of judicial reform in Russia, a fundamental document symbolizing the start of considerable modifications in the judiciary, especially targeting the transformation of Soviet courts into an independent branch of power.” Yes, the Soviet courts precisely, as the reform was initiated during Soviet rule, when the courts were Soviet both de facto and de jure.
A lone voice in the wilderness: On the first anniversary of the discussion of the “Kiev recommendations on Judicial Independence in Eastern Europe, South Caucasus and central Asia”
The Russian Criminal Code constitutes an obvious threat to further social and economic development in Russia, says Ekaterina Mishina, Assistant Professor on the Law Faculty of Russia’s National Research University Higher School of Economics. Prof. Mishina discusses the issues with the Institute of Modern Russia.
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