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Russian Compliance with Articles Five & Six of the European Convention of Human Rights as a Barometer of Legal Reform & Human Rights in Russia

TL;DR: The authors examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms.
Abstract: This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law as an institutional force in Soviet and post-Soviet Russian history and emphasizes the power of conceptual legacies as well as the path dependency of prior institutional choices. Part II presents the current legal architecture of the Russian Federation as it relates to the ECHR, discussing first the position of international treaties in Russia's hierarchy of laws and, second, domestic Russian criminal law and criminal procedural law. Part III focuses on the conceptual and legal distance that separates Russian domestic law from the human rights obligations that Russia has undertaken in international treaties with the Council of Europe. Part IV analyzes the steadily growing docket of complaints lodged against Russia for alleged violations of the ECHR. Finally, Part V advocates a variety of educational reforms at every level of Russian society by both foreign and domestic actors. The Note concludes on a note of alarm, predicting the weakening of institutional legal structures absent conceptual and attitudinal changes.
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Book
11 Apr 2019
TL;DR: Kubal's work as mentioned in this paper focuses on everyday experiences of immigration and refugee laws and how they work 'in action' in Russia, focusing on people, their stories and experiences.
Abstract: Immigration and Refugee Law in Russia confronts the issue of access to justice and the realisation of human rights for migrants and refugees in Russia. It focuses on everyday experiences of immigration and refugee laws and how they work 'in action' in Russia. This investigation presupposes that the reality is much more complex than is generally assumed, as it is mediated by peoples' varied positionalities. Agnieszka Kubal's primary focus is on people, their stories and experiences: migrants, asylum seekers, refugees, immigration lawyers, Russian judges, and the Federal Migration Service officers. These actors speak with different voices, profess different ideologies, and hold opposite worldviews; what they hold in common is their importance to our understanding of migration processes. By this focus on individual views and opinions, Kubal highlights the complexity and nuance of everyday experiences of the law, breaking away from the portrayal of Russia as a legal and ideological monolith.

22 citations

Journal ArticleDOI
TL;DR: In this article, the authors explore the development in the law of interrogation in England, Canada, France, Germany, Russia, and China and highlight the similarities and differences between American and other countries' practices.
Abstract: Forty years ago, when the U.S. Supreme Court fashioned the Miranda procedure to safeguard the rights of suspects subject to police interrogation, the procedure and its exclusionary remedy were considered an American novelty. Few countries then required the police to issue preinterrogation warnings, and it was rare for courts to exclude confessions on the grounds of procedural violations. The past forty years have seen significant changes in the criminal justice landscape on the world scene. Today, the concept of preinterrogation warnings is widely accepted, and failure to issue the required warnings in many countries constitutes a ground for exclusion. This article explores the development in the law of interrogation in England, Canada, France, Germany, Russia, and China. The American Miranda procedure is used as a reference point to highlight the similarities and differences between American and other countries’ practices.

17 citations

Journal ArticleDOI
René Provost1
TL;DR: In 2013, Russia's human rights record remains one of the poorest among the members of the Council of Europe A painstakingly sluggish compliance with international human rights obligations and several recent incidents of the crackdown on civil society since Putin's return to the presidency, as demonstrated by a series of restrictive laws, harassment, and intimidation of political prisoners, interference in the work of non-governmental organizations and a notorious prosecution of the feminist punk band Pussy Riot, cast further doubt on the Kremlin's genuine commitment to perform its obligations under the Convention.
Abstract: In 2013, Russia’s human rights record remains one of the poorest among the members of the Council of Europe A painstakingly sluggish compliance with international human rights obligations and several recent incidents of the crackdown on civil society since Putin’s return to the presidency, as demonstrated by a series of restrictive laws, harassment, and intimidation of political prisoners, interference in the work of non-governmental organizations and a notorious prosecution of the feminist punk band Pussy Riot, cast further doubt on the Kremlin’s genuine commitment to perform its obligations under the Convention This essay in Part I maps out the place of the ECHR in Russian law and practice, highlighting the most important hurdles to smoother relations between Russia and the ECtHR as well as to fuller enjoyment of Convention rights by individuals in the country Part II considers the current round of proposed reforms of the European human rights regime as embodied in the 2012 Brighton Declaration, with particular attention to the relevance of such reforms for Russia in view of the elements highlighted in Part I

13 citations

01 Jan 2007
TL;DR: In this paper, the authors investigated the relationship between the Russian culture and citizens' perceived fairness of the new Criminal Procedural Code of Russia of 2001 (CPC of 2001) and concluded that the adversarial procedural model was not supported by most citizens.
Abstract: The purpose of this study is to investigate the relationship between the Russian culture and citizens' perceived fairness of the new Criminal Procedural Code of Russia of 2001 (CPC of 2001). The CPC of 2001 is a key policy in the Russian criminal law reform with the purpose of implementing adversarial procedure elements in Russia. The existing literature has documented the lack of public support along with observed violations of the CPC's major provisions which as made this an important area for study. It is theorized that the apparent contradiction between the underlying values of the Russian culture, and CPC's adversarial procedure that reflects anti-cultural values, are responsible for the lack of substantial public support and acceptance of the CPC of 2001. The theory of motivational values developed by Schwartz (1990) is used as a framework to examine the Russian culture. Damaska's (1986) theory of procedural models is used to examine the adversarial elements of the new CPC of 2001. The group value theory of fairness is employed to examine the relationships between Russian cultural values and the public opinion about the criminal procedural law (Lind & Tyler, 1988). The study used a multi-stage stratified random sample of 1,588 Russian residents to explore the relationship between the culture and the perceived fairness of the CPC of 2001. The sample is representative of the Russian Federation population. The data is analyzed through four structural-equation models, a set of non-parametric tests, and descriptive statistical analysis. The findings of this thesis confirmed that cultural values in Russia are predominantly collective. On average, 69% of Russian respondents reported that collective values play a very important role in their life. The type of prevailing values was dependent on the demographic characteristics of the sample: age, gender, place of residence, level of education, marital status, and household income. It was found that the majority of Russian citizens believe that the inquisitional criminal procedure is an ideal of fair law. On average, 72% supported the inquisitorial procedural model in Russia. Unlike the adversarial procedure, the inquisitorial procedural model is not based on competition between the equal parties of prosecution and defense. Instead, it is viewed as a cooperative process between the judge, prosecutor and defense in their inquiry into the circumstances of the case. The adversarial procedural model was not supported by most citizens. Only 33.5% reported that the adversarial procedural model can be considered fair. The study corroborated that the new CPC was not fully supported by the majority of respondents. An average of 27.5% of respondents in Russia reported that the CPC of 2001 is a fair law, in comparison to 72.5% who think that the CPC of 2001 is unfair. The findings validated that the CPC of 2001's inclusion of adversarial procedural elements contradict key values of the contemporary Russian culture. It is concluded that the CPC of 2001 should be reformed to…

11 citations

Book ChapterDOI
01 Mar 2019
TL;DR: Kubal's work as mentioned in this paper focuses on everyday experiences of immigration and refugee laws and how they work 'in action' in Russia, focusing on people, their stories and experiences.
Abstract: Immigration and Refugee Law in Russia confronts the issue of access to justice and the realisation of human rights for migrants and refugees in Russia. It focuses on everyday experiences of immigration and refugee laws and how they work 'in action' in Russia. This investigation presupposes that the reality is much more complex than is generally assumed, as it is mediated by peoples' varied positionalities. Agnieszka Kubal's primary focus is on people, their stories and experiences: migrants, asylum seekers, refugees, immigration lawyers, Russian judges, and the Federal Migration Service officers. These actors speak with different voices, profess different ideologies, and hold opposite worldviews; what they hold in common is their importance to our understanding of migration processes. By this focus on individual views and opinions, Kubal highlights the complexity and nuance of everyday experiences of the law, breaking away from the portrayal of Russia as a legal and ideological monolith.

10 citations