Reforming the Russian Legal System

Реформирование российской правовой системы
Gordon B. Smith
1996-12-12

Russian legal systemconstitutional lawcriminal law and procedurelegal reformsocialist legality
Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.
1
Historical developments in pre-revolutionary and Soviet law provide essential context for reforms initiated under Gorbachev.
2
Legal reform across the former Soviet republics is shaped by the interaction of indigenous Russian legal values, socialist legality, and Western justice and due-process concepts.
3
Reform analysis of constitutional law, criminal law and procedure, the Procuracy, and market-transition legislation reveals recurring tensions within Russian legal culture.
4
Russia’s emerging legal consciousness reflects both its 74-year communist experience and efforts to incorporate Western legal principles.
5
The pace and direction of legal reform vary substantially among former Soviet republics and across Russian regions.

the Russian legal system during its post-Soviet reform

the interaction of indigenous Russian legal values, socialist legality, and Western concepts of justice and due process in shaping legal consciousness and the pace of legal reform

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1996-12-12
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Gordon B. Smith
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