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\ Rule of Programs

. , , . _ ...... · · Pubhshell by the Olfl~e ol lh~ Coorci111ator ol U.S .. Spring 1995 · Assistance to the New lndepenclent SI ales

'\~E During the Vancouver Summit in (") ?'~ ,, , The United Stata Agency for April 1993, President Clinton 0 .-·.':. 1. · . International Development expressed his support and Q (USAID) commitment to provide assistance for USAID currently funds a Democracv-building initiatives in the * number of private consulting firms former S~viet Union. One of the I and nonprofit institutions to main pillars of his initiative is to i~~ Q administer rule o~ law acti~ties in promote the "" by 'h. '~ ~ Russia. The funding level lS · developing and strengthening the ~ '-tJi'tlC.ffi~l'Jt'!:'~~':T t}' estimated at $80 million over a five . legal infrastructure and Ci\ic «'<'.) ~ year period. These firms and. · institutions that support democra~ · Sr .LIT o": ~ institutions include the Ameri~ , _ and a free . "Rule of ,, Association Central and EUt law" in its broadest sense means that The goals of the rule of law European Law Initiative all components of society. the programs are to support ~he (ABA/CEELO, the Ruic o~LaW government and the governed. realization of the following Consortium (ARD Checchi}, the operate under the same legal conditions in the NIS: Institutional Reform and the constraints .md with the same legal Informal Sector (IRIS) at the rights. The legal syste~ must not • all elements of society o~rate University of Maryland. Booz. only exist on paper. but in pracuce. undc'f. the same set of legal nghts ·Allen/Steptbe and Johnson, and the Therefore. written laws must be and constraints: ·· · Harvard Institute for International implemented. enforced. understood. • governments, laws and Development. . accepted and used. To assist in this are transparent. process. a broad ~ . of predictable. responsive and ABAICEEU is a public service Americans and American U1StltuUons accountable: project that provides pro bo~ have been working with their Russian • a clear understanding by technical assistance to emergmg counterparts to expand the individuals of their rights and new democracies. In Russia, · momentum for democratization in responsibilities: and CEELI assists in building the · Russia and the New Independent • public participation in the framework for broad based reform States (NIS). process of f~~ulating, of the law and the The FREEDOM Support Act implementing and uulizing laws by making available U.S. le~ "provides that the Coordinator of freely and without fear. expertise and assistarice. Tbcu United States Assistance to the NIS With guidance and oversight from technical assistance program shall be responsible for designing an the Coordinator's office, a number Qf focuses on by jwy, overall assistance and economic non-governmental , as reform and training for , legal educat~rs and judg~· ... , .... strategy for the independent states of well as government agencies, · : . . '.>J ·- •. • . the former Soviet Union"· Using administer programs. These FREEDOM Support Act funds programs are designed to promote The Rule ofLaw Consortium allocated by the United States the development of independent and concentrates on technical . Congress, the U.S. government ~ efficient judiCial and legal assistanCe and training to promote earmarkCd over $250 million m institutions capable of supporting a the development of an independent assistance to promote the ~owth of socidy based on free-~et and , str~gthen core legal democracy ·and plans to contlnue and democratic principles. institutions alid university law · expand this support. faculties, as wc1l as the legal profession. Rule of Law Programs ( I /RJS provides assistance on commercial law and has ! Federal Trial Seminars been cooperating with the Russian government on the : drafting of a commercial code and creating a central i USAID, USIA and the U.S. State Department's · registry of . I bureau of HlU11ail Rights and Hwnanitarian Affairs I(now the bureau of Democracy, and The United States Information Agency (USIA) 1 Labor). along with the Federal Judicial Center (FJC) conduct an ongoing series of jury trial seminars for USIA conducts academic. professional and Russian , , and lawyers. parliamentary exchange programs. grants programs · Approximately 25 Russians participate in each and university concerning the seminar. with emphasis on bringing jurists from the administration of . institution building, judicial nine regions currently implementing ~e . FJC ·training, issues and commercial law manages the Washington. D.C. portion of the issues. program. with USIA organizing the follow-on programs in other cities outside the nation's capitol. The United States Departmt!lll of Justice (DOJ) The seminars began in 1993. and a special seminar for governors was held in January 1994. In 1995, USAID The Department of Justice provides assistance to will be funding seminars for administrators and combat the activities of organized and narcotics­ Iother participants, such as judges and . ·• . · trafficking through training, investigative cooperation I attorneys. and technical assistance activities. DOJ also helps reform the system by providing . National Judicial College Jury Trial Program in training to prosecutors in Russia. Russia and the United States

The United Stata Department of TretUury (DOT) A USIA grant enabled the National Judicial College (NJC), which is part of the U~ersity.of The Department of Treasury provides training and I Nevada, to bring two groups of 20 Russt.an trainers ( technical assistance to combat financial . , and judges to the United States in early 1993: NJC organized crime. narcotics-trafficking and to assist in then sent a to the.Jlussian Legal Academy institution building. to hold seminars for judges and faculty later that year. NJC will be continuing this work through the Rule of There are a number of important components of the Law Consortium in the commercial law and jury trial rule of law program which the above agencies fields. administer under the FREEDOM Support Act. They include the Jury-Trial Project in Russia. Judicial Judicial Workshops in Russia Refonn, Commercial Law Programs. Law School Programs, Legislative Drafting, Human Rights, Sponsored by ABA-CEELL regional seminars in Parliamentary Development. Exchange Programs, Russia are being organiud by judges in regions re­ Reform of the Criminal Justice System and Law introducing jury trials. The first seminar will take Enforcement Activities. place in Krasnodar Kray this fall, with two more scheduled in l 995. Jury-Trial Pl'Olnllll Jury Trial Video Project , _ Jury-Trial Programs support the Yeltsin Administration's project to re-introduce adversarial jury The Rule of Law Consortium has signed an trials for serious criminal cases, as well as reforming agn:cment with the Academy for Educational the criminal justice system overall. first . Development (AED) to produce a series of movies in appeared in Russia in 1864 and flourished for over SO collaboration with Russia's main legal administration years. In 1917, SQOn after the Bolsheviks seized power, for uaining prospective jurors and judges and for jury Uials were banned. Russia's move to bring back educating the public. Tbcsc videos will be completed triat-by-jury began in 1991 under the leadership of P :. · and'in Use by the winter of 1994; : .- . ~ ,, resident Yeltsin. and the Russia's first jury trial in over 75 years occurred in 1993. ( ~-~ - --· ·------· --··----·

Rule of°Law Programs ( \ Judicial Education Program, Russian legal .'lcadcmy '.I Jurv• Trial Training A-laterials In conjunction with the Russian Legal Academy. the ! The bureau of Democracy, Human Righls and Labor bureau of Human Rights and Humanitarian Affairs (DRL) is providing funding to assist Russia· s main conducted three six-week continwng education . i legal administration in printing a limited number of seminars for judges throughout the Russian Federation. ! handbooks and pamphlets on how juries work. The The U.S. delegation comprised a mix of judges, I program will target prospective jurors and school prosecutors, and public defenders. At the Academy, : children. mock jury trials were staged and smail seminars were 1 held on topics of interest Judicial Reform Activities

Trial Advocacy Training Program Judicial reform activities provide technical and material assistance to both the High Commercial ABA/CEELI is currently planning to establish a i and the Supreme Courts. The program is designed to Russian analogue to the U.S. National Institute of Trial ! strengthen judicial training programs and enhance their Advocacy (NITA) in Boulder. Colorado which serves to ! effectiveness with improved teaching aids and facilities J, hone defense attorneys· skills in trial technique. Under 1 to ensure a reasonable ponion of the judiciary is trained this program. Russian lawyers "ill be invited to the : each year. ., ., United States to be trained as trainers for setting up trial I advocacy programs in Russia. and trainers from NIT A I Commercial Law Reform will go to Russia to participate in the establishment of ! this important institution. · One of the most important legal reforms taking place in Russia today is the development of a new Civil Court Equipment Support Code. The new Code will be the fundamental ( legislation governing all market relations in Russia. in ABA/CEELI has been providing electronic effect. its economic . This new Code equipment and software to courthouses in the ni .: combines both civil and commercial law elements. · regions currently conducting jury trials. The Commercial law programs are designed to "foster the equipment includes computers and software crucial to transition to a market-based economy and suppon ihe random jury selection, amplification and recording privatization process through legal drafting and judicial equipment for use in the court room. as well as copying training. and facsimile machines. Court ofArbitration Jury Trial Benchbook The Rule of Law Consortium is working with the ABA/CEELI has produced a step-by-step instruction NJC to assist the Arbittation courts in the re-training ·. manual for Russian judges holding jury trials. Russian of its judges by improving the training curriculum and counterparts have participated in the process and are developing a training center. Through this assistance, now using this benchbook in practice and as a training the Russian courts will be able to double the numbers of tool. judges trained to 800 annually.

Russian legal Academy PrrJject Commercial Code Drafting (Ru3Sian Research Center)

The Academy is the Ministry of Justice's continuing The Institutional Reform in the Informal Sector judicial eduCation facility The Consortium is working (IRIS) has been providing economic analytical with President Yeltsin' s office to construct a new model assistance to President Yeltsin's drafting court room with jury box. create new educational aids group. The Code, which combines both civil and . and pair the Academy with the NJC. Additionally, the commercial law elements. is being submitted to the Rule of Law Consortium will be providing technical parliament in two parts. The Duma approved Part L assistance in the development of regional training which consists of the first 29 cbapten of the Code. . centers. and operational funding to the Academy to IRIS, among other thingS. bas brought individuals from \ increase the numbers of Judges trained each year. the drafting group to the United States for consultations Rule of Law Programs ( with legal e:qX:rts and U.S. governmenl agencies and database. TI1is program will expand to several regions has an office in Moscow. and include more information on commercial law and jury trials. Privat1zation-Bankruptcv law Drafiing Sisler law School Project Harvard Institute for lntemauonal Development (HIID) received a two-year cooperauve agreement to Under a USIA grant ABNCEELI links Russian assist the Russians on Privatization Law and ; and U.S. law schools. The program provides Russiah Bankruptcy. ! law faculty an opportunity to observe the United States ; system through visits and the The firm Price Waterhouse and IBID establishment of close ties with the sister school. Four 1 provide assistance to the Russian Coordinating : Russian law professors and eleven others from the N1S Committee (comprising members of President Yeltsin· s I will participate in a three month program this fall in the legal administration office and the State Duma> on : United States. The program intends to deYelop commercial code drafting. analysis and training. i curricula. including course outlines. syllabi. and USAID will fund a "core group" of 40 Russian lawyers 1 glossaries and will be distributed to law schools later assisted by long term and short term western legal this year. experts. Specific areas to be covered will include civil i code and commercial law. . securities law. ! C.:niversity Partnerships banking law. laws concerning real . secured transactions. administrati\'e law. USIA has awarded two grants for linkages to develop and law on taxation. ; partnerships between American universities and their : NIS counterparts. The universities are CleYeland State Antimonopo(v Law Drafting I \\ith Case Western Reserve paired with Volgograd State I ' in the area of law. and California State University paired ( Booz-Allen/Steptoe & Johrlson. m conjunction \\ith : with Far Eastern State in the area of government. the State Committee for Antimonopoly Policy ar.·ti the Support of New Economic Structures and the Russian Legislative Drafting Privatization Center. is providing assistance on antimonopoly law. The following programs assist in the drafting of laws ' and regulations needed for implementation of the School Programs ! and economic changes called for in RuSsia's new i Coristitution. In an emironment that once censored law books.

where anyone who deviated from the party line was ,\I United States Environmental Protection Agency (EPA), fired or expelled.. Russia's legal education system has legal Drafting . _ 1 now been transformed. Now, with the movement I towards a democratic society and market economy, the EPA provides assistance on the implementation of need to train the next generation of lawyers is I environmental laws at the federaVregional level. imperative. The law school program assists prominent I Russiar1 law schools in curriculum development ! !fea/th Sector Legal Drafting textbook revision and ttaining by providing legal information on Russian. U.S. and . The International and Technical Consulting : (IBCn) is proViding assistanee ..fo the Ministry of School Curriculum1PubJishing1 Database ' on privatization of the health sector. The program targets hospitals, university health care facilities. The Rule of Law Consortium is working with law • polyclinics (out-patient care centers).'pharmacies. schools in Yekaterinburg and St. Petersburg to improve i medical mar1ufacturers, pharmaceutlcal and medical computerized desk-top publishing capabilities for ! producers. wholesalers. distributors and warehouses. faculty. Key clements of the program are creation of an i ·.. ~ . ~ · - ' · · electronic database and linkage of the universities to the i · I Rule of Law Programs

'· . . . lna~vsis and Commentary interest for . With the expansion of the Sakharov Center Museum in Moscow. the Center will ABNCEELI regularly provides analysis and conduct human rights seminars. establish a database, commentary on dr3..I'\ laws for Russia and the other create museum exhibits and publish a journal. NIS. Under this program. the American Bar I Association receives translations of the draft laws and ! Parliamentary Development distributes the material to its pro bono consultants around the country. The consultants will individually With funding from USAID. the Congressional · review the legislation: the critiques are then assembled Research Service (CRS) of the United States Library of and sent back to the drafters. Commentary has been Congress prllYides technical assistance and training for provided for the recent Russian Civil Code drafters. ! research and reference materials to the governments of I Russia and Ukraine. The program is based on the Human Rights premise that one important key to a functioning I pluralistic democracy is an effective. genuinely Human Rights Programs aim to suppon the activity ! independent. and informed . CRS also has of non-governmental organizations engaged in law provided automation and networking equipment. library reform projects to aid human rights. TI1e purpose is to ! materials and information sources for the parliamentary

speed the formulation and adoption of human rights- ;I· library. such as books, subscription to foreign and oriented legislation on . criminal domestic journals and CD-ROM databases. procedure law. administrative procedure. freedom of ! religion. freedom of movement and freedom of press in i USIA brings parliamentary members and their staffs Russia. to the United States for substantive programs of two to four weeks to meet with c0unterparts and study U.S. legal Clinics I legislation. policy and procedure.

'-- The Rule of Law Consortium subcontractor. the : Exchange Programs for law students, univenity Free Union Institute (FIUI) of the AFL-(f,10, is I faculty and professionah · setting up public interest law centers in Yekaterinburg I and Moscow. The centers will provide advice and ! USIA conducts academic exchange programs in law assistance to workers in the protection of employment I and criminal justice reform for undergraduate. graduate, rights. especially those for work-related benefits. 1 faculty and professionals in the fields of administration Topics Will include legal representation. assistance in I of justice. law and government. USAID also conducts processing benefit claims. referrals to other lawyers. i exchanges for professionals focusing on judicial training, monitoring of labor legislation. legal education and legal training and law. publication of court decisions. Reform of the Criminal Justice System Grants Program The FREEDOM Support-funded rule-of-law inif,iative This program provides financial support for includes more activities to support enabling legislation projects designed to create stable icgal and political and the reform of the criminal justice system to help fight environments for facilitating the transition. through : the rise of crime. Under with USAID, the the rule of law, to a democratic market-based society. I American Bar Association, and the State Department's USIA and USAID provide small grants to U.S. and bureau of Democracy, Human Rights and Labor will Russian non-government orgaruzations and private assist in the reform of the criminal justice system and the voluntary organiz.ations for special focus projects in I· re-introduction of jury trials. In addition. the democratic institution building and federalism. Department of Justice's Criminal Division will provide training to prosecutors. Specific programs include: Sakharov Center and Museum expansion of the program under the Russian jury The Rule of Law Consortium. in conjunction with trial Initiative to incorporate the Uaining of Freedom House, will suppon a 1 csearch library for prosecutors. administered by the Department of ppolicymakers and conduct won;.shops on topics of Justice's Criminal Division and ABNCEELI; Rule of Law Programs

the Rule of Law consortia plans to provide j Fight ARainst Financial Crimes technical assistance to the procuracy in Russia: ~ Department of Treasury agencies. mt~ the USIA will expand their exchanges programs in the ; assistance of Department of Justice officials. plan to United States to support the development of legal , provide mutual assistance to federal agencies in Russia infrastructure and the administration of justice. The • through the development of a regional training program program focuses on: ! featuring financial investigative techniques. industry ! oversight measures and criminal analysis methods. 1be · \isitor programs for judges. investigators. program will provide expen guidance to: prosecutors. parliamentarians and selected staff members: prevent. detect. analyze and investigate civil and local and regional government anti-corruption criminal abuse mthin the financial and commercial programs: sectors: training of investigative journalists. emphasizing enhance Customs and inland revenue criminal investigative reporting: and administration. compliance and recordkeeping laws the bureau of Democracy. Human Rights and and regulations: Labor propose integrative senunars for judges. develop executives. investigators and trainers: and prosecutors and investigators. I. provide liaison and technical assistance programs relating to the investigation of financial crimes Activities I internationally. I I Law enforcement activities provide training and • Interdiction of Narcotics technical assistance to combat organized crime. I financial crimes and the interdiction of narcotics. The Drug Enforcement Administration and U.S. United States law enforcement agencies that Y.ill I Customs Service will provide training to law participate in the Russia program include the ! enforcement. judicial and legislative officials to develop ( Department of Justice's Federal Bureau of Investigation i the capabilities of drug control agencies in Russia. The (FBI) and the Drug Enforcement Administration' i program concentrates on providing: . 1 (DEA), and the Department of Treasury's Office of • Financial Criminal Enforcement (FINCEN), Internal 1 · law enforcement training for agencies responsible Revenue Service. Bureau of Alcohol. Tobacco and I for controlling narcotics trafficking and production Fireanns. U.S. Customs Service. U.S. Secret Service. in Russia. as well as anti-corruption and internal and the Federal Law Enforcement Training Center and controls training. · The training includes seminars the Department of States· International Narcotics in Russia and on-site visits for officials in the Bureau. Specific programs are: United States; and

Combating Organized Crime demand reduction training at a facility in the Federal Republic of , to be provided Department of Justice agencies, with the assistance jointly with the EU and the German government. of Department of Treasury personnel, will assist for Rt:ssian government officials responsible for Russian law cnfcm:cment agencies to combat activities drug treatment and prevention programs. of interna:~onal organiud criminal groups by providing the tools and skills to executives, managers and supervisors so they can discharge their responsibilities; specialized information concerning the skills and knowledge used by the FBI and other U.S. law enforcement agencies to combat organiz.ed crime, including its involvement in narcotics trafficking and financial crimes; and investigative and forensics training for trainers and specialists.