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Full Description
It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.
Contents
Preface , Courts and Their Reform in Post-Soviet Russia , Judicial Reform in Russia: Politics and Policies , Building Judicial Institutions , The Independence of Courts and Judges , The Autonomy and Accountability of Trial Court Judges , Jurisdiction, Power, and Prestige , Staffing the Courts: Recruitment and Training , Improving Performance , The Administration of Justice: Simplification and Efficiency , Criminal Justice: The Pre-trial Phase , Civil and Commercial Judgments: The Problem of Implementation , Strategy: The Agenda For Reform , What Remains to be Done , Key Laws in Russian Judicial Reform (1991-1998) , Composite List of Recommendations , Survey of Judges: Selected Questions , List of Persons Consulted or Interviewed
