Introduction to Russian Law PDF

**Introduction to Russian Law** I. Tsarist Russia \> Russian Empire (1721) \> Russian Republic (1917) \> USSR (1922) \> Russian Federation (1991) ~~1992: URSS the communist took over~~ ~~1991: over country made communist bc of the URSS~~ Soviet Union collapsed and Russia became a republic aga...

**Introduction to Russian Law** I. Tsarist Russia \> Russian Empire (1721) \> Russian Republic (1917) \> USSR (1922) \> Russian Federation (1991) ~~1992: URSS the communist took over~~ ~~1991: over country made communist bc of the URSS~~ Soviet Union collapsed and Russia became a republic again. And there has been a lot of independent states. The largest country when it comes to territory (really rich with resources) Population about 147 (if you count Crimea in it) Million people 🡪 81% are ethnic Russians; multinational. Legislation is complicated in a country as big as Russia. Big cities have special rights 🡪 Moscow (13 Million people) , St Petersburg (Leningrad before, 5.6 Million people, 2^nd^ most important city). Religion influence the law: Officially it is secular but faith and god were present in the constitution. 42% Russian are orthodox, 7% Muslim (the number is growing), 8-10 other Christians. Russian orthodox church is really influential in federal law. Russia is a permanent member of the UN Security Council, so it has the right to veto. All the members have to agree, unanimously. If you put your veto the resolution will not be passed. How often the veto is used? Bc of historical aspect or just don't agree. Commonwealth of independence states: after the collapse there has been a cooperation still between the states If you are denying that Crimea is part of Russia you are violating a part of legislation. There is a majority of poor people. Rich are in the big cities. A lot of people don't have access to internet, electricity, gas... II. Federal republic: high level of independence. The power is divided. It is a semi-presidential 🡪 president and PM and the powers are divided between them. The president has a bit of more power 🡪 really powerful The country is divided in 85 subjects/entities 🡪 22 are republic, 9 territories, 46 regions, 3 cities of federal importance, 1 autonomous region and 4 autonomous areas. All the subjects/entities have their own legislation, own political institutions, have their own charter, own parliament. But cannot contradict the federal law. In 2000, 8 federal District (+Crimea) because what to big 🡪 link between federal government and the subjects, ensuring federal supervision over regional affairs. Easier to overview the federal units. There are 3 branches of federal government: - - - - - [The President: ] Vladimir Putin (from 2000-04, 2004-08; 2012-2018, 2018-24... with constitutional changes he can have 2 more terms). He was a KGB agent before, not known very much. In 2000 he had a very big opposition. Once he won, he also won 2004 because there was not very much opposition, and he was liked. Most of the people like him and support him. For one term he became 1M and after the president became 1M. He wanted to change the constitution but in 2008 when he announced he would not change it in order to have more consecutive terms, he changed the president term from 4 years to 6 years in 2008. The argument was for more stability. And then they deleted the "consecutive" but only 2 times. But this was applied after. In 2020, they made a referendum when pandemic amendments were made. Constitution was changed, 1 amendment was that they deleted 🡪 not 2 consecutive terms but 2 terms only in your life. But they said that Putin term will not count before the change🡪 w/ the new constitutional amendment it is like Putin is at 0 term. The next election is 2024 but the opposition is in prison. In 2024 the real opposition was killed in prison = no opposition anymore. President = head of the state and guarantor of the constitution and of human and civil rights and freedoms. He is also commander-in-chief of the armed forces. He has the power to appoint and dissolve the government, power to veto any decision that the government or the parliament made, he can recommend judges, he is responsible for domestic and foreign policy. Putin is the longest-serving leader since Stalin. Type of photos with Putin on a horse and everything are made to show that the president is still in good wealth to be president. **[Elections in 2018:]**  Cheating years before elections. [The PM:] Mikahil Mishustin (January 2020) Dimitri Medvedev (2012-2020) The Head of the Federal Government He's appointed by the President of the Russian Federation with the consent of the state Duma. The second most powerful figure in the country. Becomes acting president if the president is ill and unable to continue. Government: federal budget plan to the Duma and its implementation. [State Duma:] Lower chamber of the Federal Assembly It is a 5-year term (changed from 4-year term in 2004) 450 members (225 directly elected through party lists and 225 in single member constituencies) when you vote you mark the party you want and then there is a percentage equivalent to percentage in the state of duma. New rules: minimum number of party members for registration (10k to 50k) election threshold (5% to 7% to 5%) Adopts federal laws, appoints judges with President's recommendation, initiates President impeachment. United Russia -- 50 % by part list / 46 % by constituencies (324) Communist Party -19%/ 16% (57 seats) A just Russia -- 7,5%/ 9 % (27 seats) LDPR -- 7,5%/6% (21 seats) New people 5%/ 5% [Federal Council:] Upper chamber of the federal Assembly 5-year term (changed from 4-year term in 2004) 170 councillors, 2 from each of the federal subjects (1 appointed by the regional governor who is appointed by the president and 1 elected by the regional assembly) Approval of the state of emergency, using armed forces outside Russian Federation, president's impeachment. Its chairman is the 3^rd^ highest position, becomes acting president after the president and the PM. [Judicial system:] **Constitutional Court** disputes between the federal bodies of the state authority When an issue of constitutionality appears in the ordinary court, the case is forwarded to the constitutional court Constitutional Courts of the subjects- cases related to local legislation ECtHR ruling vs Russian constitution 19 (11 now) judges appointed for lifetime by the Federation Council with the President\'s recommendation. **Supreme Court** (with regular court system) Civil, criminal and administrative cases Issues guiding instructions for lower courts, binding upon all courts, agencies and officials, thus it is a source of law. - - - **Arbitrazh Court** From the Soviet system, not classic ADR: no disputes between socialist enterprises (all belong to the state) -- the State Arbitrazh. Commercial disputes, business activities, self-employed entrepreneurs Previously supreme arbitrazh court (since 2014 to Supreme Court) Specialized court dealing with intellectual property rights. Allowed to use in-house lawyers, foreign law firms. [Russian Legislation:] The constitution of the Russian Federation Federal Constitutional Laws (3/4 + 2/3 to pass) Federal Legislation (majority in Duma to pass) Main laws of the subjects of Russian federation (constitutions or charters) Legislation of the subjects Legislation of the subjects cannot contradict the Constitution and the Federal legislation. [The Constitution of Russia]: The Constitution of the Russian federation (adopted at national voting/referendum on December 12 1993. The Constitution came into force on the day of its official publication (25.12.93) Instead of Soviet Constitution (1977-91 (de jure, de facto 1993)) Longest Constitution since Stalin's one of 1936-77 Inspired also by current French Constitution 2 Sections, 9 Chapters, 137 Articles [Features of the Constitution] 1. 2. 3. 4. 5. 6. [Legal characteristics of the constitution] 1. 2. 3. 4. 5. 6. [Constitutional order] Determining the order of the state and its society 1. 2. 3. 4. 5. 6. 7. 8. 9. [The Constitutional of Russia] First Section. Main Provisions Chapter 1. The Fundamentals of the Constitutional System Ch.2. Rights and Freedoms of Man and Citizen Ch.3. The Federal Structure Ch.4. The President of the Russian Federation Ch.5. The Federal Assembly Ch.6. The Government of the Russian Federation Ch.7. Judicial Power Ch.8. Local Self-government Ch.9. Constitutional Amendments and Review of the Constitution Second Section. Concluding and Transitional Provisions [2020 amendments ] Referendum 2020, changes to 22 articles: - - - - - Une image contenant texte Description générée automatiquement [Video]: The Soviet Union killed people and in anonymous graves, millions of innocent victims. Lenin believed in the war of classes, and must kill peoples (At least 10 million). In Ukraine, in 1942-43, all food was taken away from the population. The famine victims. Took grains from the victims. By doing that, Stalin was condemning them to death. 1à years to find the gas who killed the persons who were considered as parasites in society. Firstly -\> public humiliation and then they were killed. In the memorial, there are scarfs on the trees -\> in memory of the innocent victims. Stalin authorised killing people from the age of 12. More 10 million soviets died during 2WW Now, Europe has the opportunity to punish these crimes but there are political aspects in particular with energy. Cambodia: Killed people in order for the society to evolve (disable people, pp with glasses) [Soviet "heritage"] - - - - - - - - - - [1990's] - - - - - - - - [Russian Legal environment] - - - - - - - [Videos:] Racist and homophobic propaganda to show that you need to vote, and that the legislation helps to fight against it. [Election- Stage of falsification] 1. 2. 3. Pseudo opposition political parties Similarities with "one party rule" system Election is cheated way before the day of the election. **[Legal system]** - - - - - - - - - - - - **[Court trials (and hearings)]** - - - - - - - **[Russia foreign policy]** - - - - - - - - **[Ukraine ]** - - - - - - - - - - - - - - - - - - [Netflix documentary] 1981: independence Ukraine Orange revolution Maidan **[IV]** They are powerful and have the power to veto, the policy of Russia influences everyone everywhere. They're influenced by the French constitution. A rule of law is that you have the legislation, and they are the primary, it prevails over everyone else. Not just the other and not the law makers. [Russia and International law] - - - - - - The corruption ate the money in Russia and even for the war they have bad stuff. This illusion becomes the problem. In the 90\', there was a high level of corruption and in this period. Russia never said that they don't care about IL, some will isolate themselves, but Russia wants to create its IL with its allies. For them it is overruled by western countries. Laws are not bad, but the way western countries interpret them is bad. - - - - It works, allies follow. Just since the Ukrainian war, there are questions. *Sovereignty and territorial integrity* - - - - - - - - - Journalists who give us information about Chechen war have been killed (exemple : Anna Politkovskaya / Anastasia Baburova and Stanislav Markelov/ Magomed Yesloyev/ Natalya Estemirova). Putin said that terrorists are going to fight everywhere, if they go to the forest, they are going to the forest etc. Politkovskaya wrote a lot about it and a lot of people laughed about it. [Use of force] - - - - - - - - - - - - - - - - - [Direct intervention] - - - - - - - Military themselves are taking photos of them in Russia on social media with their location so it proves that they are Russian army and so if we see them in Ukraine, it is not just green men that we don't know where they come from. But they are denying. - - - - - Video about bucha. - - - Russia just made the payment and forgot about the case. If all the instances are correct in domestic courts, you don't need to go to ECtHR, it shows that there is a problem in the country. Paying is not enough, it is not what's important, they need to be better. They don't reform, take into account this rule of legislation. This attitude toward international court shows that they think that they're legislation is better, they know better what to do. But it is not true and it is not how the court works. They are showing that they are not isolated from IL but they interpret all in their own way. - - - - - - - - Even though they ignore the rule, it helps citizens. But they have been kicked out. Amendment said that the constitution prevailed. **Russia and its neighbourhood policy** - - - - - The countries in orange became independent but not part of the EU or UNO. Russia is the red flag. Force them to not join the western unions. [Passportisation as a tool] - - - - - - - - - - - - History - - - - - - - - - - - - - - It is against IL because it is a political tool. It is not a way of using it. New needs, beliefs of a group on what is better -\> new legislation. So, to serve the society. E-governance: to implement ECT tools in the government. Now there are a lot of government services that are online. **V** [State policy v. Rule of Law] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Controlling Fake news attempts to freedom of expression but it is very damaging. Russia's war in Ukraine 2022 (mostly from March 2022, but also late, as war went on) - - - - - - You cannot say that there is a war in Ukraine. - - - - - - - - - - - - - - - - - - - - - - - - - - **VI** **Film Vlast 2010** One of the biggest companies, Yukos. The oligarch made it international not like others. In 90' everything collapsed (economy,...). The state had no money to invest. The KGB were the more powerful. But they were not supported anymore by the state, so they needed to work for an oligarch. Putin was scared that Khodorkovsky could become president because he was liked. As a governor he did a lot of things with his money but saying that it was the party. He became international. And Putin was scared because other companies could do the same. Oligarchs are dead, in prison or affiliated with Putin. - - - - - - - - - - - - - - - - - - - - - - - **Film: justice for Sergei** Hermitage Foundation owns different companies. Police come to the office and take all the official documents from the company. After, the owner took all the money, and the compagnies had no money in there. And they discover that this company has been given to a murderer. To take it back they needed the document, but they did not have it anymore. They discover that there are some fake claims to the court. And that they need to pay some people. So, the companies are in debt, they go to minus. Before they gave 230 billion dollars to the country as taxes. According to the law, they paid the taxes because of the profit but now there is the judgement so the profit is smaller because of most costs. So they asked the taxes to pay the rewards of the court. So they did. So their operation made 230 billion dollars. The court judgement was equal to the taxes, so it neutralises the profits. So, the owner has been taken to prison and his family cannot see him anymore. He became sick. Bad sanitary conditions in jail. He died before the hearing because he wanted to fight against corruption, did not accept his fate. They refused to do an autopsy. They are saying that Europe doesn't recognise human rights but all their children are living there. They don't investigate corruption because it will show it to the population. - - - - - The law has been criticised a lot. - - - - - - Law is a political tool against the USA rather than necessary regulation. It is also a signal for other organisations that investigate, they risk their lives. The Yukos case -\> lawyer fell out of the window "by accident". Exam: Questions (describe judicial system,...) in couple of sentences And some more open (cases and why it is important) (how elections in Russia are falsified : arret you before the election and you have a criminal record so you cannot be in election anymore; cannot campagn because pay medias ;...)