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Rule of Law Programs \ Rule of Law 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 "rule of law" 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 laws. legal infrastructure and Ci\ic «'<'.) ~ year period. These firms and. · institutions that support democra~ · Sr .LIT o": ~ institutions include the Ameri~ , _ and a free market economy. "Rule of ,, Bar 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 regulations 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 legal profession 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 trial by jwy, bankruptcy overall assistance and economic non-governmental organizations, as reform and training for lawyers, 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 of Law 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 judiciary, 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 Jury 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 legislation. I bureau of HlU11ail Rights and Hwnanitarian Affairs I(now the bureau of Democracy, Human Rights 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 judges, prosecutors, and lawyers. parliamentary exchange programs. grants programs · Approximately 25 Russians participate in each and university partnerships concerning the seminar. with emphasis on bringing jurists from the administration of justice. institution building, judicial nine regions currently implementing ~e trials. FJC ·training, constitutional law 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 court administrators and combat the activities of organized crime and narcotics­ Iother participants, such as judges and defense . ·• . · trafficking through training, investigative cooperation I attorneys. and technical assistance activities. DOJ also helps reform the criminal justice 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 crimes. , and judges to the United States in early 1993: NJC organized crime. narcotics-trafficking and to assist in then sent a delegation 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. Juries 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 Courts 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
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