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In Search of the Law Governed State
THE NATIONAL COUNCIL FOR SOVIET AND EAST EUROPEAN RESEARCH TITLE: IN SEARCH OF THE LAW-GOVERNED STAT E Conference Paper #17 of 1 7 Commentary : The Printed versions of Conference Remarks by Participant s AUTHOR: Berman et al . CONTRACTOR: Lehigh University PRINCIPAL INVESTIGATOR : Donald D. Barry COUNCIL CONTRACT NUMBER : 805-0 1 DATE : October 199 1 The work leading to this report was supported by funds provided by the National Council for Soviet and East European Research. The analysis and interpretations contained in the report are those of the author. NCSEER NOTE This paper is #17 in the series listed on the following page. The series is the product of a major conferenc e entitled, In Search of the Law-Governed State: Political and Societal Reform Under Gorbachev, which was summarized in a Council Report by that title authored by Donald D . Barry, and distributed by the Council i n October, 1991. The remaining papers were distributed seriatim . This paper was written prior to the attempted coup of August 19, 1991 . The Conference Papers 1. GIANMARIA AJANI, "The Rise and Fall of the Law-Governed Stat e in the Experience of Russian Legal Scholarship . " 2. EUGENE HUSKEY , "From Legal Nihilism to Pravovoe Gosudarstvo : Soviet Legal Development, 1917-1990 . " 3. LOUISE SHELLEY, "Legal Consciousness and the Pravovoe Gosudarstvo . " 4. DIETRICH ANDRE LOEBER, "Regional and National Variations : The Baltic Factor . " 5. JOHN HAZARD, "The Evolution of the Soviet Constitution . " 6. FRANCES FOSTER-SIMONS, "The Soviet Legislature : Gorbachev' s School of Democracy . " 7. GER VAN DEN BERG, "Executive Power and the Concept of Pravovo e Gosudarstvo . -
What Future for Ukraine?
OÂRODEK STUDIÓW WSCHODNICH Centre for Eastern Studies Dokàd zmierzasz, Ukraino? What Future for Ukraine? Anna Górska Warszawa, czerwiec 2005 / Warsaw, June 2005 © Copyright by OÊrodek Studiów Wschodnich © Copyright by Centre for Eastern Studies Redaktor serii / Series editor Anna ¸abuszewska Opracowanie graficzne / Graphic design Dorota Nowacka T∏umaczenie / Translation Izabela Zygmunt Wydawca / Publisher OÊrodek Studiów Wschodnich Centre for Eastern Studies ul. Koszykowa 6a Warszawa / Warsaw, Poland tel./phone + 48 /22/ 525 80 00 fax: +48 /22/ 525 80 40 Spis treÊci / Contents Dokàd zmierzasz, Ukraino? / 5 I. Trudny okres przejmowania w∏adzy / 6 II. Paƒstwo demokratyczne / 9 III. Paƒstwo prawa / 11 IV. Gospodarka rynkowa / 14 V. Czy Zachód mo˝e wspomóc Ukrain´ / 16 Za∏àcznik I / 18 Za∏àcznik II / 24 What Future for Ukraine? / 27 I. Difficult Period of the Transfer of Power / 28 II. A Democratic State / 31 III. A State of Law / 34 IV. Market Economy / 37 V. Can the West help Ukraine / 38 Appendix No 1 / 41 Appendix No 2 / 47 Dokàd zmierzasz, Ukraino? Min´∏o sto dni od inauguracji prezydenta Ukrainy Wiktora Juszczenki i po- wo∏ania nowego rzàdu z Julià Tymoszenko na czele, co tradycyjnie sk∏a- nia do pierwszych podsumowaƒ i oceny polityki nowych w∏adz. W przy- padku Ukrainy jest to szczególnie interesujàce. Zmiana w∏adzy nastàpi∏a w du˝ej mierze w wyniku antysystemowego protestu spo∏ecznego, okre- Êlanego jako pomaraƒczowa rewolucja1. W zasadzie Majdan nie formu- ∏owa∏ pozytywnych hase∏ programowych, a jedynie wyraziÊcie okreÊla∏, czego spo∏eczeƒstwo ju˝ nie akceptuje – samowoli w∏adzy, korupcji, bie- dy, k∏amstwa w najwy˝szych gabinetach i mediach, przedmiotowego traktowania spo∏eczeƒstwa, o którym w∏adza przypomina sobie jedynie w kampaniach wyborczych, ale i tak nie respektuje woli wyborców. -
Environmental Courts in Russia: to Be Or Not to Be?
Environmental Courts in Russia: To be or Not to be? ALEKSEY PAVLOVICH ANIsimov* AND ANATOLY YAKOVLEVICH RYzHENKov** Abstract This article presents an analysis of the theory and practice of the establishment of nationalspe- cialized environmental courts. It is suggested that Russia ought to be included in the list of coun- tries that have such courts. The authors consider this issue in the context of a discussion about the necessity for an internationalenvironmental court, as well as offer certain suggestions concerning the structure and the competence of a Russian environmentalcourt. The establishment ofa Russian environmentalcourt is impeded by the government and the legal community's misunderstandingof the importance of the problem. But the establishment of environmental courts in the majority of other countries was preceded by many years of academic discussions. The authors of the article suggest commencing such a discussion. Introduction Politicians, lawyers, economists, and representatives of public authorities worldwide in- creasingly discuss environmental protection issues as a relevant problem. These issues are the subject of hundreds of international documents urging countries and peoples to miti- gate their negative impact on the environment at a national and international level. On top of environmental requirements for various types of activity or protection of natural sites, the international community devotes much attention to environmental jus- tice issues. We will not refer to every relevant document regarding this issue but instead mentioning the following important examples: the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus, Denmark, June 25, 1998)1 and the declaration adopted at The World Summit on * Aleksey Anisimov is Professor of the Chair of Civil Law at Volgograd Institute of Business, Doctor of juridical sciences. -
Freedom of Expression in Russia As It Relates to Criticism of the Government
Emory International Law Review Volume 27 Issue 2 2013 Freedom of Expression in Russia as it Relates to Criticism of the Government Tatyana Beschastna Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Tatyana Beschastna, Freedom of Expression in Russia as it Relates to Criticism of the Government, 27 Emory Int'l L. Rev. 1105 (2013). Available at: https://scholarlycommons.law.emory.edu/eilr/vol27/iss2/10 This Comment is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. BESCHASTNA GALLEYSPROOFS2 5/1/2014 9:09 AM FREEDOM OF EXPRESSION IN RUSSIA AS IT RELATES TO CRITICISM OF THE GOVERNMENT Our lives begin to end the day we become silent about things that matter. —Martin Luther King Jr. INTRODUCTION Freedom of expression in Russia appears to be slowly eroding, Russian Government promising to protect human rights, including the right to freedom of expression. The collapse of the Soviet Union in 1991 and the transition from “Old” Russia to “New” Russia were associated with many new hopes and promises.1 One such promise was the establishment of new human rights standards, including the fundamental right to freedom of expression. This promise was made by the ratification of the European Convention on Human Rights (Convention) in May of 1998.2 Previously under the oppressive governments of Stalin and his successors, Soviet Russia enjoyed no freedom of expression.3 Under Mikhail Gorbachev, Russia began a new movement commonly known as “Perestroika,” a Russian word that literally translates to “restructuring.”4 Perestroika ushered in a new era of hope and freedom and was heralded both domestically and internationally as an opportunity to change the oppressive policies of the past and establish new respects for the rights of the individual.5 The collapse of the 1 Mikhail S. -
Top 10 Legal Developments in the Real Estate Market in 2018
Debevoise In Depth Top 10 Legal Developments in the Real Estate Market in 2018 December 20, 2018 The international law firm Debevoise & Plimpton LLP presents a brief overview of the most interesting and significant developments in Russian legal regulation (including legislative initiatives) and court practice in the real estate, construction and infrastructure sectors in 20181. Legislation New Rules for Unauthorized Construction New regulatory rules for unauthorized construction were introduced2, including the following key changes: new definition of unauthorized construction: construction is considered unauthorized only if applicable construction requirements that it does not meet (such as permitted use of the land plot, town-planning and construction parameters, obligation to obtain permits) were in force both as of the commencement date of construction and as of the date when the unauthorized construction is revealed; buildings erected with violations of restrictions on the use of the land plot (for example, areas with special conditions for use of the territory) can be excluded as being unauthorized buildings if the owner of the land plot did not know and could not know about such restrictions; 1 See the link below for a similar review of Debevoise & Plimpton LLP for 2017: https://www.debevoise.com/insights/publications/2017/12/legal-developments-realestate-construction-2017. 2 Federal Law dated August 3, 2018, No. 339-ФЗ On Amendments to Part 1 of the Civil Code of the Russian Federation and Article 22 of the Federal Law on Enactment -
Select Rulings of the Plenary Session Adopted During the Years 2005-2012
RULINGS OF THE PLENARY SESSIONS OF THE SUPREME COURT of the Russian Federation Translation of 10 July 2015 Contents Ruling of the Plenary Session of the Supreme Court of the Russian Federation of 24 February 2005 No. 3 “On Judicial Practice on Cases of Defence against Defamation of Character of Individuals and of the Business Reputation of Individuals and Legal Entities” ..............................................................3 Ruling of the Plenary Session of the Supreme Court of the Russian Federation of 2 July 2009 No. 14“On Certain Issues Arising in the Judicial Practice of the Application of the Housing Code of the Russian Federation” ..............................................................................................................................16 Ruling of the Plenary Session of the Supreme Court of the Russian Federation of 15 June 2010 No. 16 “On the Practice of Application by courts of the Law of the Russian Federation ‘On the Media’” ....55 Ruling of the Plenary Session of the Supreme Court of the Russian Federation and of the Plenary Session of the Supreme Commercial Court of the Russian Federation of 23 December 2010 No. 30/64 “On Certain Questions Arising During Consideration of Cases on Awarding Compensation for Violation of the Right to a Trial Within a Reasonable Time or the Right to Enforcement of a Judgment Within a Reasonable Time” ..................................................................................................................85 Ruling of the Plenary Session of the Supreme Court of the Russian Federation of 31 March 2011 No. 5 “On Consideration by Courts of Cases on Protection of Electoral Rights and Rights to Participate in a Referendum of Citizens of the Russian Federation” ...........................................................................108 Ruling of the Plenary Session of the Supreme Court of the Russian Federation of 7 April 2011 No. -
Faltering Fightback: Zelensky's Piecemeal Campaign Against Ukraine's Oligarchs – European Council on Foreign Relations
POLICY BRIEF FALTERING FIGHTBACK: ZELENSKY’S PIECEMEAL CAMPAIGN AGAINST UKRAINE’S OLIGARCHS Andrew Wilson July 2021 SUMMARY Ukraine’s president, Volodymyr Zelensky, has declared a “fightback” against oligarchs. Zelensky is motivated by worries about falling poll ratings, pressure from Russia, and a strong desire for good relations with the Biden administration. The fightback campaign has resulted in action against some oligarchs but, overall, it is incomplete. The government still needs to address reform issues in other areas, especially the judiciary, and it has an on-off relationship with the IMF because of the latter’s insistence on conditionality. The campaign has encouraged Zelensky’s tendency towards governance through informal means. This has allowed him to act speedily – but it risks letting oligarchic influence return and enabling easy reversal of reforms in the future. Introduction On 12 March this year, Ukraine’s president, Volodymyr Zelensky, released a short appeal on YouTube called “Ukraine fights back”. He declared that he was preparing to take on those who have been undermining the country – those who have exploited Ukraine’s weaknesses in particular, including its frail rule of law. He attacked “the oligarchic class” – and named names: “[Viktor] Medvedchuk, [Ihor] Kolomoisky, [Petro] Poroshenko, [Rinat] Akhmetov, [Viktor] Pinchuk, [Dmitry] Firtash”. He proceeded to address the oligarchs directly, asking, “Are you ready to work legally and transparently?” The president went on, “Or do you want to continue to create monopolies, control the media, influence deputies and other civil servants? The first is welcome. The second ends.” Ukrainians have heard this kind of talk before. Zelensky’s predecessor, Poroshenko, also made ‘de- oligarchisation’ a policy pledge. -
Towards a Stronger Legal Profession in the Russian Federation
ISBN 978-92-9037-216-5 Towards a Stronger Legal Profession In the Russian Federation ICJ Mission Report 2015 ICJ Commission Members November 2015 (for an updated list, please visit www.icj.org/commission) Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes President: and protects human rights through the Rule of Law, by using Prof. Sir Nigel Rodley, United Kingdom its unique legal expertise to develop and strengthen national and international justice systems. Vice-Presidents: Established in 1952 and active on the fi ve continents, the ICJ Prof. Robert Goldman, United States aims to ensure the progressive development and eff ective Justice Michèle Rivet, Canada implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, Executive Committee: political and social rights; safeguard the separation of powers; Prof. Carlos Ayala, Venezuela and guarantee the independence of the judiciary and legal Justice Azhar Cachalia, South Africa profession. Justice Radmila Dicic, Serbia Prof. Jenny E. Goldschmidt, Netherlands Ms Imrana Jalal, Fiji ® Towards a Stronger Legal Profession in the Russian Federation Ms Hina Jilani, Pakistan © Copyright International Commission of Jurists Executive Committee Alternates: Prof. Andrew Clapham, UK Prof. Marco Sassoli, Switzerland Graphic Design: Eugeny Ten Justice Stefan Trechsel, Switzerland The ICJ permits free reproduction of extracts from any of Other Commission Members: its publications provided that due acknowledgment is given and a copy of the publication carrying the extract is sent to Professor Kyong-Wahn Ahn, Justice Charles Mkandawire, Malawi its headquarters at the following address: Republic of Korea Mr Kathurima M’Inoti, Kenya Justice Adolfo Azcuna, Philippines Justice Yvonne Mokgoro, South Africa International Commission of Jurists Mr Muhannad Al-Hassani, Syria Justice Sanji Monageng, Botswana P.O. -
Police Reform in Ukraine Since the Euromaidan: Police Reform in Transition and Institutional Crisis
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 2-2019 Police Reform in Ukraine Since the Euromaidan: Police Reform in Transition and Institutional Crisis Nicholas Pehlman The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/3073 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] Police Reform in Ukraine Since the Euromaidan: Police Reform in Transition and Institutional Crisis by Nicholas Pehlman A dissertation submitted to the Graduate Faculty in Political Science in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2019 © Copyright by Nick Pehlman, 2018 All rights reserved ii Police Reform in Ukraine Since the Euromaidan: Police Reform in Transition and Institutional Crisis by Nicholas Pehlman This manuscript has been read and accepted for the Graduate Faculty in Political Science in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. Date Mark Ungar Chair of Examining Committee Date Alyson Cole Executive Officer Supervisory Committee: Julie George Jillian Schwedler THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT Police Reform in Ukraine Since the Euromaidan: Police Reform in Transition and Institutional -
RFE/RL RFERL Media Matters Vol
RADIO FREE EUROPE/RADIO LIBERTY, PRAGUE, CZECH REPUBLIC ________________________________________________________ RFE/RL RFERL Media Matters Vol. 3, No. 8, 28 February 2003 http://www.rferl.org/mm/ END NOTE IS UKRAINE ANY NEARER THE TRUTH ON GONGADZE'S KILLING? By Taras Kuzio Last July, Svyatoslav Piskun replaced Mykhaylo Potebenko as Ukraine's prosecutor-general, and one of the issues he vowed to resolve within six months was the death of Ukrainian journalist Heorhiy Gongadze. Gongadze was abducted by unknown individuals on 16 September 2000, and his headless corpse was discovered in a Kyiv Oblast forest in early November 2000. More than six months later, the case remains unresolved. Two weeks after Gongadze's body was discovered, Socialist leader Oleksandr Moroz announced in the Ukrainian parliament (Verkhovna Rada) that a portion of the tapes allegedly made illicitly in President Leonid Kuchma's office by former presidential security guard Mykola Melnychenko included a conversation about Gongadze. This was only one fragment of the hundreds of hours of tapes apparently made in 1999-2000 by Melnychenko, who defected to the United States in April 2001. The Ukrainian government has denied that the tapes are authentic. In the taped conversation, Kuchma is apparently heard ordering then-Interior Minister Yuriy Kravchenko to deal with Gongadze by deportation and violence. Parts of the tapes have been authenticated by a U.S. company specializing in such recordings. The FBI has also stated that a section pertaining to possible arms sales to Iraq is also authentic. Because of the interconnection of the "Kuchmagate" tapes scandal and the Gongadze case, numerous conspiracy theories have emerged. -
USCIRF Inventing Extremists
INVENTING EXTREMISTS The Impact of Russian Anti-Extremism Policies on Freedom of Religion or Belief UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM Headquarters of St Petersburg and Leningrad Region Branch of Russian Federal Security Service ST PETERSBURG, RUSSIA - DECEMBER 16, 2017: Bolshoy Dom [Big House] in Liteyny Avenue, the headquarters of the St Petersburg and Leningrad Region Branch of the Russian Federal Security Service (FSB). Alexander Demian- chuk/TASS (Photo by Alexander Demianchuk\TASS via Getty Images) INVENTING EXTREMISTS The Impact of Russian Anti-Extremism Policies on Freedom of Religion or Belief By Maria Kravchenko JANUARY 2018 COMMISSIONERS Daniel Mark Chairman Sandra Jolley Vice Chairwoman Kristina Arriaga Thomas J. Reese S.J. Tenzin Dorjee John Ruskay Jackie Wolcott Clifford D. May Erin D. Singshinsuk Executive Director UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM WHO WE ARE WHAT IS RELIGIOUS FREEDOM The U.S. Commission on International Religious Free- Inherent in religious freedom is the right to believe or dom (USCIRF) is an independent, bipartisan U.S. federal not believe as one’s conscience leads, and live out one’s government commission created by the 1998 Interna- beliefs openly, peacefully, and without fear. Freedom of tional Religious Freedom Act (IRFA) that monitors the religion or belief is an expansive right that includes the universal right to freedom of religion or belief abroad. freedoms of thought, conscience, expression, associa- USCIRF uses international standards to monitor viola- tion, and assembly. While religious freedom is Ameri- tions of religious freedom or belief abroad and makes ca’s first freedom, it also is a core human right interna- policy recommendations to the President, the Secretary tional law and treaty recognize; a necessary component of State, and Congress. -
When Will Russia Abandon Its Secret Chemical Weapons Program?
When Will Russia Abandon Its Secret Chemical Weapons Program? GALE COLBY * IRENE GOLDMAN While the Russian government has recently been somewhat more open about its nuclear programs and problems created by weapons manufacture, dumping and storage of radioactive waste, and accidents releasing radioactivity, the same cannot be said about its chemical weapons program. Information about the production and destruction of its huge arsenal of poison gas, the secret development of inert compounds that when combined make a deadly “binary” chemical weapon, is shrouded in mystery. Soviet leaders in the past reasoned that if the world did not know about something, it did not exist. But not everything can be kept completely secret in Russia any more. With the introduction of democracy, people began to realize that their history had been fabricated and their knowledge and beliefs were constructed on false premises. A previously unimaginable void was felt by almost everyone, both as the loss of heritage, and the loss of the Soviet empire's status as a great power. It is still difficult for many people to believe in themselves, in their leaders and in their future. Many people still continue to see themselves as pawns in a game played by capricious leaders; no one is improving their options in any tangible way. For those people, the changes that took place are seen as mostly superficial—the renaming of a street, a town or an agency like the KGB. Others saw the collapse of the old world order as an opportunity to re-create themselves from the ground up, to redeem their lives and their sense of purpose.