Teaching Comparative Government and Politics

Wednesday, June 18, 2008

Russian legal system

According to Peter Finn, writing in the Washington Post, we should keep our eyes open for legal reform in Russia. Well, if not reform, perhaps change.

Hopes for Court Reform Stir in Russia

"Yelena Valyavina, a senior judge at the Federal Arbitration Court, electrified a Moscow courtroom last month when she stated openly what had long been unspoken, at least by influential insiders: The Kremlin has pressured and threatened the Russian judiciary to secure favorable rulings.

"The testimony by such a senior judge was cause for some cautious optimism that calls by Russia's new president, Dmitry Medvedev, for an independent court system might actually be genuine. Valyavina's boss, Chief Justice Anton Ivanov, is one of Medvedev's oldest and closest associates, and that connection was lost on no one.

"During the eight-year presidency of Vladimir Putin, courts were politicized as part of a broad centralization of power in the Kremlin that also brought controls on the news media, the effective renationalization of strategic industries and the marginalization of opposition political parties...

"During the election campaign and since becoming president, Medvedev has stressed the primacy of the law as a guarantor of democratic rights and an antidote to endemic corruption...

"So far, there has been little daylight between Putin and Medvedev on economic, social or foreign policy issues...

"But legal reform could be a key mechanism through which Medvedev could distinguish himself. And, according to political analysts, it could siphon to the new president some of Putin's popularity because the public is disillusioned with the legal system...

"But legal reform is one of Russia's oldest empty promises. Putin, too, spoke about the rule of law, but in practice it meant the supremacy of the Kremlin in all matters...

"The legal system under Putin was often a weapon to neutralize business or political enemies, most famously the tycoon Mikhail Khodorkovsky, who is serving eight years for tax evasion and fraud. His oil company, Yukos, was broken up...


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