The Judiciary and Rule of Law in Russia

Core Concepts

Examines Russia's judicial system, including the key courts and the concept of 'rule by law.' Highlights the judiciary's lack of independence and its use as a tool of political control.

The Judiciary and Rule of Law in Russia

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Distinguish between "rule of law" and "rule by law."

Rule of law implies that everyone, including the highest state officials, is accountable to the law. Rule by law is a system where the state uses law as an instrument to govern and control the population, but the state itself is not necessarily constrained by the law. Russia is an example of rule by law.

What is the highest court for civil, criminal, and administrative cases in Russia?

The Supreme Court of the Russian Federation is the highest judicial body for most legal matters.

What is the primary function of the Constitutional Court of Russia?

The Constitutional Court is empowered with judicial review, ruling on the constitutionality of laws and government actions. While it showed some independence in the 1990s, it has since become largely subservient to the executive branch's interests.

How does the selection process for top judges undermine judicial independence in Russia?

Judges for the Constitutional Court and Supreme Court are nominated by the President and confirmed by the Federation Council. This appointment mechanism ensures that judges are politically loyal and unlikely to challenge the president's authority.

What concept describes the use of courts for political purposes, such as prosecuting political opponents?

Selective justice or the instrumentalization of the judiciary. This involves applying laws to punish political rivals or seize economic assets, while ignoring similar transgressions by loyalists. The case of Mikhail Khodorkovsky is a classic example.

What was the significance of the Yukos affair and the prosecution of Mikhail Khodorkovsky?

It was a landmark case in the early 2000s that demonstrated the Kremlin's power to use the legal system to neutralize a politically ambitious oligarch, expropriate his assets (Yukos oil company), and send a clear signal to other elites to stay out of politics.

What is the role of the Procuracy in the Russian legal system?

The Procuracy is a powerful, centralized agency responsible for criminal prosecutions, similar to an Attorney General's office. It also has broad supervisory powers over other government bodies, making it a key instrument of state control rather than an independent legal body.

Does Russia have a system of judicial review similar to that in the United States?

Yes, in theory. The Constitutional Court has the power of abstract and concrete judicial review. However, in practice, this power is rarely used to strike down major presidential initiatives or laws central to the regime's power.

How does corruption affect the Russian judicial system?

Corruption is widespread and deeply undermines the rule of law. Bribery and political influence can determine the outcome of cases, particularly in commercial disputes. This makes legal outcomes unpredictable and creates a lack of trust in the courts.

What has been the status of jury trials in Russia?

Jury trials were reintroduced in the post-Soviet era for serious criminal offenses. However, their scope has been limited, and judges can sometimes overturn acquittals, reflecting a systemic distrust of independent citizen judgment within the legal hierarchy.

The Judiciary and Rule of Law in Russia

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